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: The Lloyd Morgan Lions Clubs Charitable Trust (CC23624)

  1. As the Associate Minister of Justice, and pursuant to section 157 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, I exempt the Lloyd Morgan Lions Clubs Charitable Trust (LMLCCT) from the following provisions of the Act:
    1. Sections 10–71 inclusive.
  2. This exemption is made subject to the following conditions:
    1. LMLCCT must inform the Ministry of Justice of any changes that may affect the exemption and/or conditions within 14 days from when the change affecting the exemption occurs.
  3. The exemption has been made for the following reasons:
    1. the LMLCCT’s purpose is to provide assistance to the Lions Clubs in its district with charitable Lions projects;
    2. the management board of the LMLCCT comprises seven district trustees, who are elected by the respective Lions members of each of the seven districts throughout New Zealand plus up to five advisory trustees who are appointed by the Lions Multiple District Council;
    3. by virtue of the above, full control of the LMLCCT is in the hands of trustees that undergo stringent appointment process, this reduces the possibility of a third party being able to influence the management of the LMLCCT to enable money laundering or terrorist financing;
    4. grants from the LMLCCT can only be accessed by Lions Clubs for a Lions Clubs project and are not able to be accessed by outside people/groups;
    5. loans made by the LMLCCT are only available to Lions Clubs. This happens infrequently, at a low value; and
    6. the obligations imposed on the LMLCCT by the Act would be disproportionate given the low risk of money laundering or terrorist financing in the circumstances outlined in this exemption.
  4. This exemption comes into force 2 July 2018.
  5. This exemption will expire on 30 June 2023.

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.

Dated this 2nd day of July 2018.

Hon AUPITO WILLIAM SIO, Associate Minister of Justice.