Ministerial Exemptions




NEW ZEALAND GAZETTE, No. 69 — 25 JUNE 2015

from the Act:
Ministerial Exemption: AMP (NMLA) New Zealand Superannuation Scheme

  1. In my capacity 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 the trustees of the AMP (NMLA) New Zealand Superannuation Scheme ("Scheme") from the provisions of Part 2 of the Act in relation to services provided as trustees of the Scheme.

  2. This exemption is subject to the following conditions:
    a. Subject to paragraphs 3 and 4 below, the Scheme’s trust deed may not enable members to contribute to the Scheme voluntarily other than through payroll (which means, for the purposes of this exemption, by way of deduction from Salary as defined in the trust deed for the Scheme).
    b. The Scheme 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 Scheme (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 Scheme from international sources.

  3. The trust deed may permit voluntary contributions made other than through payroll for the purpose of purchasing additional pensionable service, provided that the Scheme undertakes enhanced customer due diligence on every member who applies to purchase any additional service by making such contributions.

  4. The trust deed for the Scheme may permit contributions to be made to the Scheme other than through payroll by a member during a permitted period of unpaid leave of absence (Regular Leave of Absence Contributions) where:
    a. a Participating Company (as defined in the trust deed of the Scheme) or the Scheme’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 Scheme immediately prior to the member commencing leave of absence.

  5. Where any Regular Leave of Absence Contributions are received from international sources during the permitted period of unpaid leave of absence, the following sections of the Act apply to such contributions:
    a. Sections 10–17 of the Act (and for the purposes of section 14(d) of the Act the receipt of a contribution from an international source is specified as a circumstance in which standard customer due diligence must be conducted);
    b. sections 40–48 of the Act;
    c. where the transaction is relevant to a suspicious transaction report, sections 49(1) and 2(a)–(f) of the Act; and
    d. sections 92–100 of the Act.

  6. Where any withdrawals are made by a member in addition to that member making Regular Leave of Absence Contributions during the permitted period of unpaid leave of absence, the following sections of the Act apply to such withdrawals and contributions:
    a. Sections 10–17 of the Act (and for the purposes of section 14(d) of the Act the first such withdrawal is specified as a circumstance in which standard customer due diligence must be conducted);
    b. sections 40–48 of the Act;
    c. where the transaction is relevant to a suspicious transaction report, sections 49(1) and (2)(a)–(f) of the Act; and
    d. sections 92–100 of the Act.

  7. The exemption has been granted for the following reasons:

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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2015, No 69





✨ LLM interpretation of page content

⚖️ Ministerial Exemptions Under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (continued from previous page)

⚖️ Justice & Law Enforcement
Anti-Money Laundering, Exemptions, Countering Financing of Terrorism Act 2009, Superannuation Scheme
  • Associate Minister of Justice