Notice Type
Departmental
Notice Title

Ministerial Exemptions Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009

In accordance with section 157(6)(b) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“Act”), the Associate Minister of Justice hereby gives notice that he has granted the following exemption from the Act:

Ministerial Exemption: Habitat for Humanity New Zealand Limited and its Habitat Affiliates

  1. As the Associate Minister of Justice, and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“Act”), I exempt Habitat for Humanity New Zealand Limited (“Habitat NZ”) and its 11 regional affiliate organisations (“Habitat Affiliates”) from the following provisions of the Act:
    1. Sections 10–71 inclusive.
  2. The exemption is in relation to the services Habitat NZ and the Habitat Affiliates provide to individuals and families under the “Assisted Home Ownership” programme and the “A Brush with Kindness” home repair programme.
  3. This exemption is not subject to any conditions.
  4. The exemption has been made for the following reasons:
    1. It is considered there is a low risk of money laundering and terrorist financing through Habitat NZ and the Habitat Affiliates because Habitat NZ uses a rigorous selection process to choose the partner families who receive the services;
    2. payments are made directly between the Habitat Affiliate and the partner family without third party involvement;
    3. the relationship between the Habitat Affiliate and the recipient continues over a long time period of time (up to 10 years);
    4. the income that Habitat NZ generates from the earnings of its reserves, grants and donations cannot be returned to their original donors unless certain conditions apply; and
    5. due to the low money laundering and terrorism financing risk associated with Habitat NZ and the Habitat Affiliates and the significant compliance costs to Habitat NZ that would arise from not granting this exemption, I consider that any benefits of requiring compliance with the Act are not justified.
  5. This exemption comes into force on the day after the date I grant this exemption.
  6. This exemption will expire on 30 June 2020.

Any person wishing to provide comment on this notice should contact the Criminal Law Team at the Ministry of Justice by emailing international.crime@justice.govt.nz.