Published 20 September 2021
Judge-alone trial — making false statement of Passenger Arrival Card — failing to declare cash — Anti-Money Laundering and Countering Financing of Terrorism Act 2009, s 106. The defendant faced charges of making a false statement on a Passenger Arrival Card and failing to declare cash over the threshold. He had arrived at Auckland Airport on a flight from Raratonga, and was stopped when passing through customs when an officer noticed a large amount of tobacco in his bag. The defendant then attempted to flee before being apprehended and questioned. A subsequent search of the defendant's luggage revealed not only tobacco but also $22,670 in cash. The defendant claimed that the cash came from legitimate sources and that he had simply forgotten to declare it. The defendant admitted that the charge of making a false statement was established in relation to the tobacco in his bag. However he argued that he had a reasonable excuse for failing to declare the cash. Assessing the evidence of the defendant, the Court rejected his claim that he had not realised that the cash he had was above the NZ$9999 threshold. The Court considered the defendant a generally unimpressive witness, and found the charge proven. Judgment Date: 26 June 2020.
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