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Authors: Henry Brandts-Giesen, Neil Russ
Published: 8 September 2017
Pages: 43

Introduction

This paper is intended to assist New Zealand lawyers with a new and important compliance obligation to assist in the detection and prevention of money laundering and terrorist financing. The authors wish to emphasise that whilst the obligations are onerous, they are manageable. The first stage in the compliance process is to understand the context. From there lawyers will hopefully realise that they are but one class of a wide group of professionals and institutions who are dealing with similar issues. There are tried, tested and efficient solutions available in both analogue and digital form. Moreover, the New Zealand Law Society (NZLS) is committed to guiding all lawyers through the transition and can draw on the experience and expertise of members who are familiar with the issues and solutions.

Content outline

• What is money laundering?
• The problem with money laundering
• The money laundering process
• Global AML and CFT initiatives
• Domestic AML and CFT frameworks
• Money laundering in a New Zealand context
• AML/CFT act
• Phase 1 of the AML/CFT act
• Obligations under the AML/CFT act
• Phase 2 of the AML/CFT act
• Legal professional privilege
• Prescribed transactions reporting
• Specific challenges for the legal profession