1 00:00:00,080 --> 00:00:03,080 Speaker 1: Now, the anti money laundering announcements continue from the government. 2 00:00:03,120 --> 00:00:05,560 Speaker 1: This time they're loosening the rules around purchasing a home 3 00:00:05,559 --> 00:00:08,080 Speaker 1: with a family trust. The new approach will allow real 4 00:00:08,160 --> 00:00:10,920 Speaker 1: estate agents to apply some simplified due diligence for low 5 00:00:11,080 --> 00:00:14,280 Speaker 1: risk sales. Janet Zookoa is the managing director of New 6 00:00:14,360 --> 00:00:17,720 Speaker 1: Zealand Family Trust Services and with us. Hello Janet, our 7 00:00:17,720 --> 00:00:19,919 Speaker 1: good morning head that how cumbersome is it to buy 8 00:00:19,920 --> 00:00:21,200 Speaker 1: a house through a family trust? 9 00:00:22,079 --> 00:00:26,280 Speaker 2: Oh, it's dreadful, I mean right now under AML well, 10 00:00:26,480 --> 00:00:31,280 Speaker 2: up until the new changes, iml legislation has really placed 11 00:00:31,400 --> 00:00:35,080 Speaker 2: on all of us that's involved in transactions a one 12 00:00:35,159 --> 00:00:39,720 Speaker 2: size fiddle compliance machine when it comes down to trust transactions, 13 00:00:40,240 --> 00:00:42,920 Speaker 2: and we've had to follow a set of high water 14 00:00:43,640 --> 00:00:47,600 Speaker 2: mark obligations. In other words, we've adapted a set of 15 00:00:47,680 --> 00:00:50,720 Speaker 2: rules and put them in place, and those rules don't 16 00:00:51,520 --> 00:00:55,320 Speaker 2: usually don't match the actual risk involved in the transactions. 17 00:00:55,880 --> 00:01:00,480 Speaker 2: So it's made it hard on everyday New Zealanders to 18 00:01:00,480 --> 00:01:05,039 Speaker 2: to really get their transactions through. It's not facilitated business 19 00:01:05,040 --> 00:01:08,920 Speaker 2: and personal transactions. So legislation is not great when it's 20 00:01:08,920 --> 00:01:11,800 Speaker 2: doing that, because it's stemmying what should be happening in 21 00:01:12,400 --> 00:01:13,520 Speaker 2: our economy. 22 00:01:13,760 --> 00:01:16,319 Speaker 1: So it's basically up to agents to make an assessment 23 00:01:16,360 --> 00:01:19,120 Speaker 1: of the person and decide whether the low risk or not. 24 00:01:19,120 --> 00:01:20,160 Speaker 1: But how would they do that. 25 00:01:21,319 --> 00:01:26,000 Speaker 2: It's not just agents, it's lawyers, it's accountants. I mean, 26 00:01:26,000 --> 00:01:28,120 Speaker 2: that's part of the part of the problem. Just before 27 00:01:28,120 --> 00:01:30,520 Speaker 2: I answer that that question, that is part of the problem. 28 00:01:30,880 --> 00:01:35,399 Speaker 2: You have got clients providing the same information over and 29 00:01:35,440 --> 00:01:39,600 Speaker 2: over again. It's the legislation has been complex, it's been 30 00:01:39,640 --> 00:01:43,760 Speaker 2: time consuming, it's the petitive, not to mention expensive. So 31 00:01:43,920 --> 00:01:46,959 Speaker 2: these changes are really a welcome relief to you know, 32 00:01:47,040 --> 00:01:50,720 Speaker 2: to most providers. What have had to happen with all 33 00:01:50,760 --> 00:01:53,080 Speaker 2: of the people that are involved in aml where we 34 00:01:53,160 --> 00:01:57,920 Speaker 2: have those obligations is that we have to obtain identity documents, 35 00:01:58,320 --> 00:02:02,240 Speaker 2: get those verified, but not on trustees but also for beneficiary, 36 00:02:02,320 --> 00:02:04,720 Speaker 2: so we have to really drill down. We have to 37 00:02:04,920 --> 00:02:09,600 Speaker 2: verify sources of wealth, which means frequently, as like from 38 00:02:09,600 --> 00:02:12,480 Speaker 2: myl of Ninem for example, frequently we have got to 39 00:02:12,560 --> 00:02:15,480 Speaker 2: write to lawyers and accountants and ask where the source 40 00:02:15,520 --> 00:02:17,960 Speaker 2: of where the money has come from that's actually purchased 41 00:02:18,000 --> 00:02:20,560 Speaker 2: these assets. Despite the assets being in a trust for 42 00:02:20,600 --> 00:02:23,600 Speaker 2: maybe twenty or thirty years by ordinary every day hard 43 00:02:23,639 --> 00:02:27,200 Speaker 2: works and keyweeks, so it's quite it's been quite a basis, 44 00:02:27,360 --> 00:02:31,239 Speaker 2: it's it just hasn't. The rules just have not bettered 45 00:02:31,360 --> 00:02:35,360 Speaker 2: the trend, the actual risk involved in the transactions. So 46 00:02:35,919 --> 00:02:39,200 Speaker 2: it's kind of for me, I think, I think it's 47 00:02:39,240 --> 00:02:42,400 Speaker 2: really a welcome relief that we're going to see common sense, 48 00:02:43,280 --> 00:02:48,080 Speaker 2: pragmatic approach with proportionality and mind being adopted now where 49 00:02:48,120 --> 00:02:52,240 Speaker 2: our actual compliance work is going to match the risk 50 00:02:52,320 --> 00:02:53,560 Speaker 2: involved in the transaction. 51 00:02:53,760 --> 00:02:55,560 Speaker 1: And Janet, thank you for talking. Sort of appreciate it. 52 00:02:55,600 --> 00:02:57,880 Speaker 1: Jenet zu, co and Managing director for New Zealand Family 53 00:02:57,880 --> 00:03:01,480 Speaker 1: Trust Service is Limited. For more from The Mic Asking Breakfast, 54 00:03:01,639 --> 00:03:04,960 Speaker 1: listen live to news Talks at B from six am weekdays, 55 00:03:05,200 --> 00:03:07,239 Speaker 1: or follow the podcast on iHeartRadio