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Authors: Henry Brandts-Giesen, Neil Russ
Published: 24 September 2018
Pages: 34

Introduction

The purpose of this paper is to assist New Zealand lawyers with their obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act (the AML/CFT Act). The first part of the paper will briefly recap the general compliance obligations before focusing on some specific issues. In particular, this paper will address a lawyer’s obligations in relation to wire transfers, prescribed transaction reports, and suspicious activity reports. This paper will also consider how legal professional privilege can be reconciled with the obligation under the AML/CFT Act to reporting suspicious activities to the Financial Intelligence Unit of the New Zealand Police (the FIU).

Content outline

• Compliance Obligations
• Wire Transfers
• Suspicious Activity Reports
• Legal Professional Privilege
• Confidentiality
• Proposal for a Register of Beneficial Ownership in New Zealand
• Practical CDD Issues Faced by Practitioners, and Captured Activities at the Margin