26 SEPTEMBER 2013 NEW ZEALAND GAZETTE, No. 131 3677

54 A “family member” is defined in sections 70B(1) and (2) of the New Zealand Public Health and Disability Act 2000, and is related to the disabled person as one of the following persons:

(a) parent, step-parent, or grandparent;
(b) child, step-child, or grandchild;
(c) sister, half-sister, step-sister, brother, half-brother, or step-brother;
(d) aunt or uncle;
(e) nephew or niece; or
(f) first cousin

55 The home and community support services in the individual service arrangement, eg personal care – assistance with showering and dressing; household support – helping to prepare meals or home cleaning; and help for the disabled person through natural networks such as family/whānau/aiga, friends, marae, neighbours and others, which ensures the disabled person has the appropriate quality of family care, and can access and attend services such as medical, dental, and personal grooming services when required

56 This is a general term, the Ministry’s actual agent in any particular circumstance will depend on what services are being provided

go6248

Justice

Anti-Money Laundering and Countering Financing of Terrorism Act 2009

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

In accordance with section 159(3) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”), the Minister of Justice hereby gives notice that she has granted the following exemptions from the Act:

Ministerial Exemption: JPMorgan Chase Bank, N.A. (New Zealand Branch)

1. As the Minister of Justice and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”), I exempt the reporting entity JPMorgan Chase Bank, N.A. (New Zealand Branch) (“JPMorgan”) from section 56(2) of the Act in so far as the Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) compliance officer must be an employee of the reporting entity. The exemption is approved in this case, allowing the AML/CFT compliance officer to be an employee of an Australian entity.

2. The AML/CFT compliance officer intends to maintain a strong relationship with the New Zealand reporting entity’s senior management and have clear reporting lines. New Zealand staff should have access to the Sydney-based officer in order to report suspicious circumstances that may arise, and the officer maintain appropriate qualifications and knowledge, and proper access to key information and adequate resources.

3. This exemption has been granted as there are low risks of money laundering and terrorist financing associated with this specific exemption.

4. All other provisions apply. I particularly draw your attention to section 56(4) of the Act which states “The AML/CFT compliance officer must report to a senior manager of the reporting entity”.

5. This exemption may be applied to successor(s) to the current AML/CFT Compliance Officer.

6. This exemption comes into force on the day after the date I grant this exemption (granted 8 September 2013).

7. This exemption will expire on 30 June 2018, and/or if the conditions of the exemption are breached.

Ministerial Exemption: Hallmark Life Insurance Company Limited and Hallmark General Insurance Company Limited

1. As the Minister of Justice and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”), I provide Hallmark Life Insurance Company Limited and Hallmark General Insurance Company Limited with partial exemptions from the provisions of the Act in relation to the provision of consumer life insurance policies under which consumer credit insurance with a life cover component are offered to customers. The exemptions specifically cover Part 2 of the Act.

2. This exemption is not subject to any conditions.

3. These exemptions have been made for the following reasons:

(a) The compliance burden to which both entities would be subjected if this exemption was not granted would be disproportionate to the money laundering and terrorist financing risks involved in the products offered.

(b) The low dollar value of the amounts involved.

(c) The loans to which these consumer life policies relate will have been checked and verified from an anti-money laundering perspective by the underlying credit providers.

(d) According to international findings, consumer life policies are considered to be lower risk products for money laundering and terrorist financing.

4. This exemption comes into force on the day after the date I grant this exemption (granted 8 September 2013).

5. This exemption will expire on 30 June 2016.

Ministerial Exemption: Hallmark Life Insurance Company Limited

1. As the Minister of Justice and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (“the Act”), I partially exempt Hallmark Life Insurance Company Limited from the provisions of the Act in relation to the provision of current term life policies in run-off. This exemption specifically covers Part 2 of the Act.

2. This exemption is not subject to any conditions.

3. This exemption has been made for the following reasons:

(a) Sales of your term life policies were discontinued in 2008 and are currently in run-off.

(b) The compliance burden to which Hallmark would be subjected if this exemption was not granted would be disproportionate to the money laundering and terrorist financing risks involved with these products.

(c) The loans to which these term life policies relate will have been checked and verified from an anti-money laundering perspective by the underlying credit providers.

(d) According to international findings term life policies, are considered to be lower risk products for money laundering and terrorist financing.