Financial offences

Key statutes

  • Anti-Money Laundering and Countering Financing of Terrorism Act 2009
  • Criminal Proceeds (Recovery) Act 2009
  • Secret Commissions Act 1910
  • Serious Fraud Office Act 1990

Key secondary legislation

  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Class Exemptions) Notice 2018
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Definitions) Regulations 2011
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Cross-Border Transportation of Cash) Regulations 2011
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Exemptions) Regulations 2011
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Ministerial Exemption Form) Regulations 2011
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Prescribed Transaction Reporting) Regulations 2016
  • Anti-Money Laundering and Countering Financing of Terrorism and Countering Financing of Terrorism (Requirements and Compliance) Regulations 2011
  • Criminal Proceeds (Recovery) Regulations 2009
  • Serious Fraud Office Act (Prescribed Forms) Regulations 1990

Information/links to recent or currently underway reviews

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the AML Act) - the Act was substantially amended in 2017. New Zealand is also currently involved in a Financial Action Task Force mutual evaluation of its AML legislation and the report is due by February 2021.

Secret Commissions Act 1910 – amended in 2015 to cover civil unions and de facto relationships.

Forward work

A review of the Search and Surveillance Act 2012 was recommended as part of the report of the Royal Commission of Inquiry into the Terrorist Attacks on Christchurch Mosques and a response to that recommendation is being considered by the Ministry of Justice.

A statutory review of the AML Act will commence by 1 July 2021.

 
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