AML/CFT Policy

Introduction

C & M Legal is committed to protecting the privacy of our clients,

prospective clients, suppliers, contractors, and website users. This Privacy Policy explains how we collect, use, store, disclose, and protect personal information in accordance with the Privacy Act 2020, Privacy Amendment Act 2025 and other applicable laws.

By engaging our services, communicating with us, or using our website, you acknowledge and agree to the practices described in this Privacy Policy.

Why we collect information

We are subject to Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act). The Act imposes strict compliance on “reporting entities” of which we are one.

The Act requires us to implement specific measures to manage risks and verify clients. We are required to identify and access money laundering and terrorism risks we face.

Under the Act, we are required to collect, verify, and retain certain personal information.

This may include:

  • Identity verification documents;
  • Proof of address;
  • Information regarding the source of funds and source of wealth;
  • Information relating to beneficial ownership and control;
  • Ongoing monitoring information where required.

Failure to provide requested information may prevent us from acting for you or continuing to provide legal services.

Personal information we collect

We may collect personal information including:

  • Name, date of birth, and contact details;
  • Identification documents;
  • Financial and banking information;
  • Information relating to legal matters in which we act for you;
  • Employment and business information;
  • Information required for anti-money laundering and countering financing of terrorism (AML/CFT) compliance;
  • Information contained in correspondence, emails, telephone calls, and meetings;
  • Website usage information, including IP addresses and browsing data. 

How we collect personal information

We may collect personal information:

  • Directly from you;
  • From your authorised representatives;
  • From government agencies and public registers;
  • From financial institutions, accountants, real estate agents, and other professional advisers;
  • From courts, tribunals, and regulatory authorities;
  • Through AplyID, a third-party provider with whom we have a business relationship;
  • Through our website and online forms;
  • Through email, telephone, and other communications;
  • From publicly available sources where permitted by law.

Purpose of collection

We collect and use personal information for purposes including:

  • Providing legal services and advice;
  • Verifying your identity;
  • Complying with AML/CFT obligations;
  • Conducting conflict checks;
  • Managing client relationships;
  • Communicating with clients and third parties;
  • Billing and debt recovery;
  • Managing and administering legal matters;
  • Improving our services and website;
  • Complying with legal and regulatory obligations;
  • Protecting our legal rights and interests.

Disclosure of personal information

We may disclose personal information to:

  • Courts, tribunals, and regulatory authorities;
  • Government agencies;
  • Banks and financial institutions;
  • Barristers, experts, consultants, and other professional advisers;
  • Service providers who assist us in delivering legal services;
  • Identity verification and AML/CFT service providers;
  • Insurers and auditors;
  • Other parties where authorised by you or required by law.

We will only disclose personal information where reasonably necessary for the purposes described in this Privacy Policy or where required by law.

Overseas disclosure

Some of our service providers may store or process information outside New Zealand.

Where personal information is disclosed overseas, we take reasonable steps to ensure that recipients protect the information in a manner consistent with New Zealand privacy laws or are otherwise subject to comparable privacy safeguards.

Storage and security 

We take reasonable steps to protect personal information from:

  • Loss;
  • Unauthorised access;
  • Misuse;
  • Disclosure;
  • Alteration; and
  • Destruction. 

Measures may include secure electronic systems, password protection, access controls, encryption, secure document management systems, and staff confidentiality obligations.

Retention of information

We retain personal information only for as long as necessary to:

  • Provide legal services;
  • Meet legal, regulatory, professional, and insurance requirements;
  • Resolve disputes;
  • Enforce our agreements.

Client files and records may be retained for periods required by applicable laws, professional obligations, and our internal record retention policies.

Access and correction

You have the right to request access to personal information we hold about you and to request correction of that information.

Requests should be made in writing to our Privacy Officer using the contact details below.

We may refuse a request where permitted by law, including where legal professional privilege applies.

Website use, cookies and analytics

Our website may use cookies and similar technologies to:

  • Improve website functionality;
  • Analyse website traffic;
  • Enhance user experience;
  • Maintain website security.

You may disable cookies through your browser settings; however, some website functionality may be affected.

We may use website analytics services to collect information about website usage, including pages visited, time spent on the website, and device information.

Marketing communications

We may send legal updates, newsletters, and other communications where permitted by law.

You may opt out of receiving marketing communications at any time by contacting us or using the unsubscribe facility provided in the communication.

Confidentiality and legal professional privilege

As a law firm, we are subject to professional obligations of confidentiality and legal professional privilege. Information obtained during the course of providing legal services will be treated confidentially except where disclosure is authorised by you, required by law, or necessary for the provision of legal services.

Complaints

If you believe we have breached your privacy rights, please contact our Privacy Officer. We will investigate your complaint and respond within five (5) working days. You will then be provided with regular updates in respect of the investigation process.

If you are not satisfied with our response, you may make a complaint to the Office of the Privacy Commissioner.

 

Privacy Commissioner

PO Box 10 094, Wellington 6140

Telephone: 0800 803 909

Website: www.privacy.org.nz

 

Contact details

C & M Legal

Tom Fogarty

Address: 53 Brougham Street, New Plymouth 4310

Telephone: 06 757 2119

Email: info@candmlegal.co.nz

Website: www.candmlegal.co.nz    

Changes to this Privacy Policy 

We may update this Privacy Policy from time to time. The current version will be available on our website and will take effect from the date of publication.

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