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CASE ASSOCIATES

“debanking” MTOs in New Zealand

Cento Veljanovski acted as expert in the New Zealand High Court for a money transfer organisation (MTO) threaten with the closure of its account by Kiwibank as part of its “derisking” in response to anti-money laundering regulations (the AML/CFT Act).  Cento participated in a hot tub giving evidence that the actions of the banks in closing MTO accounts had the “effect” of substantially lessening competition (SLC) under section 27(2) of the Commerce Act 1986. While the court (E-Trans v. Kiwibank) accepted his evidence, it concluded that legally it could only consider the closure of the one bank account, and not the other 100 closed being closed by Kiwibank, and therefore the defendant’s action did not SLC.

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