The Post

Money laundering warning for agency

- Geraden Cann still had an active real estate

Real estate agency Arizto has been given a formal warning under the Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT Act).

The Department of Internal Affairs said Arizto was not alleged to be involved in money laundering or the financing of terrorism but was required to take immediate action to rectify all areas of non-compliance and would continue to be closely monitored.

It is only the second issued to a real estate agency since the new rules came into force for the sector in January 2019.

The AML/CFT Act establishe­d a system to detect and deter money laundering and the financing of terrorism, with the objective of enhancing the country’s internatio­nal reputation and public confidence in the financial system.

The formal warning was issued on the basis that the department had grounds to believe Arizto had failed to conduct customer due diligence, and failed to establish, implement, or maintain an AML/CFT programme.

Arizto chief executive Pernell Callaghan said it was important to note the department did not accuse Arizto of any money laundering or financing of terrorism activities.

‘‘The notice issued to Arizto served as an opportunit­y to improve its processes for managing and mitigating risk. Arizto has responded swiftly to rectify areas of noncomplia­nce,’’ a spokespers­on said.

‘‘These actions included thorough staff training and external checks.

‘‘Arizto emphasises that there has been no suspension of licenses held by its employees or the company following the review. The focus has solely been on enhancing internal processes and compliance with AML/CFT regulation­s.’’

Department of Internal Affairs director of anti-money laundering operations Mike Stone said real estate was used by criminals to launder money, domestical­ly and internatio­nally.

‘‘Real estate agents must have robust processes in place to manage and mitigate the risk of being misused by criminals for money laundering,’’ he said.

‘‘Non-compliance is unacceptab­le in New Zealand’s anti-money laundering system.

‘‘DIA has a responsibi­lity to act on noncomplia­nce to contribute to a robust AML/ CFT system and ensure New Zealanders can trust the integrity of the real estate sector in Aotearoa.’’

Arizto employs around 150 staff and sells residentia­l properties throughout New Zealand.

Stone said the company had demonstrat­ed commitment towards improving its processes following the issuance of a DIA inspection report.

‘‘DIA takes proportion­al action to address non-compliance, ranging from education and guidance to civil penalties and prosecutio­n depending on the scale and significan­ce of breaches.’’

The formal warning to Arizto was issued on April 12, under section 80 of the AML/CFT.

‘‘Should ongoing deficienci­es or noncomplia­nce occur the department may choose to utilise a number of regulatory responses ranging in severity and consequenc­e. These can include enforceabl­e undertakin­gs, and both civil and criminal prosecutio­n. In some circumstan­ces, this could include taking action against staff and/or senior managers.’’

The Real Estate Authority (REA) said it was aware of the warning, and would engage with the DIA and Arizto before taking ‘‘appropriat­e and proportion­al action’’.

Arizto license.

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