Over the fence – September 2018
Anti-money laundering compliance
A reminder that since 1 July 2018 all lawyers have been required to comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
The purpose of this legislation is to prevent money laundering and the financing of any terrorism. By asking for more information from you we have more knowledge about the transaction we are to undertake on your behalf and we can ensure that we will not be breaching our requirements under the Act. If we have any uncertainties about the transaction we must to report this to the authorities. This means we are now asking for more information from you. In most situations, we must have the information from you before we can carry out any work.
Information required: We now need proof of your identity and date of birth, such as a driver’s licence, birth certificate, passport or firearms licence. We also need proof of your address – such as a recent utilities account or a bank statement.
If the transaction involves an entity such as a trust or a company, we will need further information from you. This includes details of people who are directors, shareholders, trustees and beneficiaries. We may also be required to ask questions for confirmation of the source of the money and the reason for the proposed transaction (what you are asking us to do). We will endeavour to make this information-gathering as easy as possible.
The Animal Welfare (Care and Procedures) Regulations 2018
The Animal Welfare Act 1999 provides for offences and penalties for serious animal abuse or neglect.
In May 2015 the government amended the Animal Welfare Act enabling regulations to be made on matters such as animal care and procedures performed on animals.
The Animal Welfare (Care and Procedures) Regulations 2018 are the latest set of regulations to be issued; they were issued in March 2018. Most of these regulations will come into force in October this year. Examples include the prohibition of the use of traction in calving cows and the requirement to ensure that dogs transported on an open deck or trailer of a moving motor vehicle are secured to prevent the dog falling off or hanging off.
It’s important you and staff are aware of the new scope of these regulations. Each regulation has an associated penalty. The penalty range is between $300–$25,000 and, for more serious matters, can result in a criminal conviction.
Full details of the regulations can be found here.
Farm Debt Mediation Bill and the Zero Carbon Bill
The Primary Production Select Committee is considering the Farm Debt Mediation Bill. The Bill proposes to introduce agricultural debt mediation as a mandatory step before the appointment of a receiver in respect of agricultural debt.
Consultation has now closed for the Zero Carbon Bill. If enacted the Zero Carbon Bill will put a 2050 target in place to reduce emissions. We will keep you updated on the progress of these Bills.