✨ Anti-Money Laundering Exemptions
NEW ZEALAND GAZETTE, No. 15 — 12 FEBRUARY 2015
c. where the transaction is relevant to a suspicious transaction report, section 49(1) and (2)(a)–(f) of the Act; and
d. sections 92–100 of the Act.
- The exemption has been granted for the following reasons:
a. The trustees’ only duties as a reporting entity under the Act are in respect of the Scheme;
b. the Scheme poses a very low risk of money laundering or terrorism financing;
c. any risks posed by voluntary contributions outside of payroll have been addressed by the conditions;
d. due to the very low money laundering and terrorism financing risks raised by the Scheme and the significant compliance costs that would arise from not granting this exemption, I consider that any benefits of requiring compliance with the Act are not justified by the associated costs; and
e. this exemption is consistent with (and has no effect on the purpose or intent of) the Act, the Financial Transactions Reporting Act 1996 and New Zealand’s international obligations as a member of the Financial Action Taskforce and the Asia Pacific Group on Money Laundering.
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This exemption came into force on the day after the date I granted this exemption (28 January 2015).
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This exemption will expire on 30 June 2018.
Ministerial exemption: The Reformed Churches of New Zealand Emeritus Fund
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In my capacity 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 trustees of the Reformed Churches of New Zealand Emeritus Fund ("the Fund"), from the provisions of Part 2 of the Act in relation to services provided as trustees of the Fund.
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This exemption is subject to the following conditions:
a. Subject to paragraphs 3 and 4 below, the Fund must prohibit any mechanism in the Trust Deed for the Fund that would enable members to contribute to the Fund voluntarily other than through payroll.
b. The Fund must remain a registered superannuation scheme as defined under the Superannuation Schemes Act 1989 or registered under the Financial Markets Conduct Act 2013 as applicable.
c. With the exception of Australian superannuation transfers to the Fund (if applicable), customer due diligence in accordance with sections 10–36 of the Act and suspicious transaction reports in accordance with sections 40–48 of the Act and, where the transaction is relevant to a suspicious transaction report, transaction records in accordance with section 49(1) and (2)(a)–(f) of the Act are required on all contributions and transfers to the Fund from international sources.
- The Trust Deed may permit:
a. voluntary contributions made other than through payroll where the Fund is subject to restrictions set out in the complying superannuation fund rules provided there is a cap on the amount of any non-payroll voluntary contributions made in each year (calculated in accordance with MK 4 of the Income Tax Act 2007). The cap should be set at the amount (after taking into account any contribution through payroll) required to enable a member to maximise, in respect of that year, those government contributions set out in section MK 4 of the Income Tax Act 2007; and
b. voluntary contributions made other than through payroll for the purpose of purchasing additional pensionable service, provided that the Fund undertakes enhanced customer due diligence on every member who applies to purchase service by making such contributions.
- The Trust Deed for the Fund may permit contributions to be made other than through payroll by a member to the Fund during a permitted period of unpaid leave of absence (Regular Leave of Absence Contributions) where:
a. the employer or the Fund’s administrator collects those contributions; and
b. the contributions do not exceed (as to either amount or frequency) the contributions that were being paid by the relevant member in accordance with the trust deed for the Fund immediately prior to the
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✨ LLM interpretation of page content
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Ministerial exemption: Works Superannuation Scheme
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⚖️ Justice & Law Enforcement28 January 2015
Anti-Money Laundering, Exemptions, Superannuation Scheme, Trustees, Financial Markets Conduct Act 2013
⚖️ Ministerial exemption: The Reformed Churches of New Zealand Emeritus Fund
⚖️ Justice & Law EnforcementAnti-Money Laundering, Exemptions, Emeritus Fund, Trustees, Financial Markets Conduct Act 2013
NZ Gazette 2015, No 15