Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698836029051.pdf (New Zealand)
2010/352 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 Rt Hon Sir Peter Blanchard, Administrator of the Government Order in Council At Wellington this 4th day of October 2010 Present: His Excellency the Administrator of the Government in Council Pursuant to sections 70(a), (b), and (c), 153(c) and (j), and 154(1)(e) of the Anti-Money Laundering and Countering Financing of Terror- ism Act 2009, His Excellency the Administrator of the Government makes the following regulations acting— (a) on the advice and with the consent of the Executive Council; and insofar as the regulations, under section 154(1)(e) of that Act, prescribe a threshold value and its application, on the recom- mendation of the Minister of Justice made after compliance with section 154(2) and (3) of that Act (which impose sub- stantive and procedural preconditions for the making of any such recommendation).
(b) 1 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 2010/352 Contents Title Commencement Expiry Interpretation Threshold value and its application prescribed Form of cash report prescribed Information cash report must contain prescribed Completion of cash report in cases of incapacity Schedule Prescribed form Regulations Page 2 2 2 2 2 3 3 4 6 Title These regulations are the Anti-Money Laundering and Coun- tering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010.
Commencement These regulations come into force on 16 October 2010.

Expiry Regulation 5 expires, in accordance with section 154(5) of the Act, on 16 October 2015.

The rest of these regulations expire on 16 October 2015.

Interpretation In these regulations, unless the context otherwise requires, the Act means the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
Threshold value and its application prescribed The value $9,999.99 is prescribed by this subclause as the only threshold value for the purposes of sections 68 and 69 of the Act.
r 1 (1) (2) 4 5 (1) 2 2010/352 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 r 7 (2) 6 (1) (2) (3) 7 (1) The persons, transactions, and financial activities to which that sole prescribed threshold value applies are therefore pre- scribed by this subclause as all persons, all transactions, and all financial activities.
Form of cash report prescribed The form set out in the Schedule is prescribed by this regula- tion for a report— (a) (b) under subpart 6 of Part 2 of the Act; and that, must be in writing in the prescribed form.
in accordance with section 70(a) of the Act, The reference in that form to “the same time as section 103 (obligations on persons arriving in New Zealand) of the Im- migration Act 2009 is complied with” must, before the com- mencement, at 2 am on 29 November 2010, of section 103 of the Immigration Act 2009, be read as a reference to “the same time as an arrival card is presented in accordance with sec- tion 126(1) of the Immigration Act 1987”.
The reference in that form to “the same time as section 119 (obligations of persons leaving New Zealand) of the Immigra- tion Act 2009 is complied with” must, before the commence- ment, at 2 am on 29 November 2010, of section 119 of the Immigration Act 2009, be read as a reference to “the same time as a departure card is presented in accordance with sec- tion 126(2) of the Immigration Act 1987”.
Information cash report must contain prescribed The following information is prescribed by this regulation for the purposes of section 70(b) of the Act (which requires a cash report to contain the prescribed information): (a) if the cash to which the report relates is cash of 2 or more different types, the nature and amount (in the 1 or more currencies in which those types are denominated) of each of those types: the total amount of the type or, as the case requires, each of the 2 or more different types, of the cash to which the report relates (in the 1 or more currencies in which that type is, or those types are, denominated): (b) 3 r 8 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 2010/352 (c) (d) (e) (f) the full name, occupation, and permanent physical (not PO Box) address in New Zealand or abroad of— (i) (ii) the person required to give the report (A); and any other person (B) completing the report on A’s behalf: the signature of the person (either A or B) completing the report (and, if it is completed by B on A’s behalf, the reason why, and the capacity in which, B is completing the report on A’s behalf): if A is moving or receiving the cash on behalf of 1 or more other persons, the full name, permanent physical (not PO Box) address in New Zealand or abroad of the residence or business, and occupation or main activity, of each of those other persons: if the cash to which the report relates is being deliv- ered to 1 or more other persons, the full name, perman- ent physical (not PO Box) address in New Zealand or abroad of the residence or business, and occupation or main activity, of each of those other persons.
Examples of cash of different types Cash that is in part physical currency, and in part a kind of bearer- negotiable instrument (such as a cheque).
Cash that is in part one kind of bearer-negotiable instru- ment (such as a promissory note) and in part another kind of bearer-negotiable instrument (such as an instrument that is a bearer-negotiable instrument under paragraph (g) of the defin- ition of that term in section 5 of the Act because the instrument is one, or is one of a class or kind, prescribed by regulations under the Act).

(2) An example used in these regulations is only illustrative of the provisions to which it relates.
It does not limit those provi- sions.

If an example and a provision to which it relates are inconsist- ent, the provision prevails.
(3) Completion of cash report in cases of incapacity If a person required to give a cash report (A) is (for example, because of minority or physical or mental disability) incapable of completing it, then it must be completed on A’s behalf,— 8 4 2010/352 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 r 8 (a) (b) if A is competent to manage A’s own affairs in relation to A’s property, by a person (B) authorised by A to act on A’s behalf; and in every other case, by a person (B) responsible for A’s personal care and welfare or for property of A that is or includes the cash to which the report relates.
5 Schedule Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 Schedule Prescribed form 2010/352 r 6 6 2010/352 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 Schedule 7 Schedule Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 2010/352 8 2010/352 Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 Schedule Rebecca Kitteridge, Clerk of the Executive Council.
9 Explanatory note Anti-Money Laundering and Countering Financing of Terrorism (Cross-border Transportation of Cash) Regulations 2010 2010/352 Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which are made under the Anti-Money Launder- ing and Countering Financing of Terrorism Act 2009 (the Act), come into force on 16 October 2010 (which is the date on which the Act’s provisions on cross-border transportation of cash come into force) and expire on 16 October 2015.
They prescribe— • a single threshold value ($9,999.99), and its application, for the purposes of the following sections of the Act, which require a report in respect of the movement of the cash concerned—in the Act called a cash report—to be given by the following kinds of person: • section 68—a person who moves (brings accompanied) cash into, or moves (takes accompanied or sends unac- companied) cash out of, New Zealand: section 69—a person in New Zealand who is to re- ceive unaccompanied cash moved (sent) to the person (either by the person or by another person) from outside New Zealand: • • • • the form of a cash report (which, under section 70(a) of the Act, must be in writing in the prescribed form): information that a cash report must, under section 70(b), con- tain: requirements under section 70(c) of the Act for completion of a cash report in cases of incapacity.
Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 October 2010.

These regulations are administered by the Ministry of Justice.

12 10 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010