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1. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

   ...when sent an Agreement for Sale and Purchase as a comparison of the correct initials of Mr and Mrs Calder. The evidence of Mr and Mrs Lloyd was that they had never suggested that the initials were the initials of Mrs Calder. They say they are ‘AML’ (Mrs Lloyd’s initials). The initials do look like ‘CMC’, [the initials of Mrs Calder] but both Mr and Mrs Lloyd say that they are actually ‘AML’, the initials of Mrs Lloyd. The Lloyds say they were put on the Agreement for Sal...

2. National Standards Committee 1 v Yang [2024] NZLCDT 8 (27 March 2024) [pdf, 160 KB]

   ...opening of files. During the hearing, Mr Yang admitted he had opened files, or law clerks had undertaken that task on his direction. [16] Mr Yang did not open a file for the client in Junior Partner, the firm’s system. He did not complete AML enquiries. He noted the client as a “prospect” in time records in a manner that did not result in the client entering the firm’s Junior Partner billing records. We find he did not alert a partner about the client. In this respect we...

3. Regulatory Impact Statement all-of-Government Response to Organised Crime [pdf, 331 KB]

   ...Nations and with respect to the United States’ Trafficking In Persons Report. Collection and monitoring of international funds transfers data Status quo and problem 80. The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act), which comes into force in June 2013, enhances the existing regime and establishes a new supervisory regime to better detect, deter and investigate funds related to organised and financial crimes. 81. In the six month period...

4. Otago Standards Committee v Stewart [2016] NZLCDT 28 [pdf, 77 KB]

   ...Escrow account” are set out as follows: • “Account can be open in 48 hours. • Due Diligence is done by the lawyer and us not the bank and money is accepted by our preferred lawyer on our certification that it has been cleared under our AML policy. • Account can be completely confidential. • No limit to quantum of funds sent. • Cannot be frozen or arrested by the bank because it is a part of a lawyer’s trust ledger and therefore regulated by the law society not banks...

5. Guidance for property sales and settlements during COVID-19

   ...Zealand), +64 7 974 5595 (international callers), email: customersupport@linz.govt.nz Department of Internal Affairs (DIA) - DIA is responsible for requirements of due diligence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT). DIA website  COVID-19 response level measures apply to all of us The purpose of the response to COVID-19 is to save lives. We all need to stick to the rules of physical distancing and only move around for the specific pu...

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6. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

   ...enforcement powers targeted at the specific behaviours associated with gangs and organised criminal groups. It amends the Crimes Act 1961 , the Search and Surveillance Act 2012, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act), the Arms Act 1983, the Sentencing Act 2002, the Criminal Investigations (Bodily Samples) Act 1995, and the Land Transport Act 1998, to: 2.1 create a new offence of discharging a firearm with intent to intimidate; and 2.2 ma...

7. Central Standards Committee 3 v Bong [2023] NZLCDT 24 (8 June 2023) [pdf, 130 KB]

   ...owner of the business. 6 2. Mr Bong was away when the financing statement was revealed, immediately before the settlement. In this way he was deprived of the opportunity of reinvestigating the situation. We note that in the current AML7 environment, this could not as easily happen. [19] We find Mr Bong’s conduct to be unsatisfactory conduct, falling under s 12(a), namely, “…conduct that falls short of the standard of competence and diligence that a member of t...

8. LCRO 227/2020 & LCRO 34/2021 PA v NL and UL (22 February 2022) [pdf, 209 KB]

   ...complaints.3 Briefly, her complaints are: Complaint 20775/6 • Mr UL misled the review officer in LCRO 02/2009. • “Being a party to a sale and purchase agreement when not legally named on the property title.” • “Flouting the AML laws.”4 • “Misleading the Real Estate Agents Authority.” • Giving false information to the liquidator of [123] Trustees Limited. • Witnessing the signature of “an unauthorised signatory for [123] Trustees Limited”. �€...

9. Justice Matters - issue 01 - December 2015 [pdf, 2.8 MB]

   ...household offences. More information about the NZCASS survey and its findings can be found at justice.govt.nz/ crime-and-safety-survey New anti-money laundering policy The Ministry of Justice will start formulating new anti-money laundering (AML) policy early next year. During this phase two of the AML reforms, the ministry will solicit feedback from the public and private sectors. The reforms, along with the passing of the Organised Crime and Anti-corruption Legislation Bil...

10. LCRO 87/2020 JJ v SS (15 April 2021) [pdf, 208 KB]

    ...Mr JJ had negotiated postponement of the liability to pay the body corporate levy in full on settlement. • Mr JJ and his staff “experienced significant difficulties and delays in obtaining the information required from Mr SS to fulfil … AML compliance obligations”. • The firm was “required to engage with the developer’s solicitors to address issues that had arisen as a result of the pre-settlement inspection”. • Extensions to the settlement and possession d...