Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Money laundering

244: Defence of enforcement of enactment

You could also call this:

“You can't be charged for money laundering if you were trying to stop it or enforce the law against it.”

You have a defence if you’re charged under section 243 if you can prove that you acted in good faith. This means you were trying to enforce or planning to enforce:

Section 243 itself, or

The Criminal Proceeds (Recovery) Act 2009, or

The Anti-Money Laundering and Countering Financing of Terrorism Act 2009, or

The Financial Transactions Reporting Act 1996.

This defence applies if you were doing something related to enforcing these laws, even if you hadn’t started enforcing them yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330403.

Topics:
Crime and justice > Criminal law
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243A: Charges for money laundering, or

“You can be charged for handling illegal money even if the person who committed the original crime hasn't been caught or found guilty.”

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245: Application of section 243 to acts outside New Zealand, or

“This law explains when money laundering rules apply to things that happen outside New Zealand.”

Part 10 Crimes against rights of property
Money laundering

244Defence of enforcement of enactment

  1. It is a defence to a charge under section 243 if the person charged proves that the act to which the charge relates was done by that person, in good faith, for the purpose of, or in connection with,—

  2. the enforcement or intended enforcement of section 243; or
    1. the enforcement or intended enforcement of the Criminal Proceeds (Recovery) Act 2009; or
      1. the enforcement or intended enforcement of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009; or
        1. the enforcement or intended enforcement of the Financial Transactions Reporting Act 1996.

          Compare
          • 1961 No 43 s 257A(6)
          Notes
          • Section 244: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).
          • Section 244(a): amended, on , by section 15 of the Crimes Amendment Act 2015 (2015 No 95).
          • Section 244(b): amended, on , by section 176 of the Criminal Proceeds (Recovery) Act 2009 (2009 No 8).
          • Section 244(ba): inserted, on , by section 161(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35).