Amended June 2019

Fencible Law falls within the meaning of an “agency” under the Privacy Act 1993 and is therefore bound by this Act together with the Lawyers and Conveyancers Act 2006. Our obligations under these Acts are generally consistent with regard to confidentiality obligations. However, if there are inconsistencies between the two Acts, the Lawyers and Conveyancers Act 2006 will override the Privacy Act 1993.

In order for us to conduct our business in the course of our relationship with you and, to comply with our legal obligations including, but not limited to, our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act), we will likely need to collect and verify a wide range of personal information about you from various sources. We respect the privacy of any individual/entity who provides us with personal information and documentation and confirm that this information will be treated confidentially by our firm. We will collect and use all personal information and documentation from our clients/employees and 3rd parties, which we may reasonably require to carry out your instructions, to enable us to meet our statutory obligations, for the purpose of credit control and for the purpose to obtain statistical information from our database.

We will collect and hold on file personal information in relation to:

  • Clients/Potential Clients – Individuals, Trusts and beneficial owners (e.g. settlors, trustees and beneficiaries), Companies and beneficial owners (e.g. directors, shareholders, CEO), Estates (the deceased person, the executors)
  • Employees/Potential Employees
  • Any person/entity we deal within the course of acting for our client / potential client or requesting information in relation to our employee / potential employee.

In general, the personal information we will collect and keep on file in relation to clients may include, but is not limited to:

  • Full name and contact details including physical and postal address, phone numbers and email addresses (including documents to confirm identity and address)
  • Date and place of birth
  • Residency and Citizenship
  • IRD number and any tax-related information
  • Occupations
  • Bank account details
  • Nature and purpose of our business relationship
  • Information and documentation to enable us to verify your identity, in particular but no limited to drivers licence, passports, bank documents, birth certificates
  • Evidence of Source of wealth/funds where applicable

In general, the personal information we will collect and keep on file in relation to employees may include but is not limited to:

  • Full name and contact details including physical and postal address, phone numbers and email addresses
  • Date and place of birth
  • Residency and Citizenship
  • IRD number
  • Emergency contacts
  • Employment history together with any references supplied
  • Remuneration package
  • Bank account details
  • Information and documentation to enable us to verify your identity, in particular but no limited to drivers licence, passports, bank documents, birth certificates.

Where practical we will collect personal information directly from the person/entity concerned. You are responsible for the accuracy of any information you provide to us. We may also collect personal information about you from various independent sources including publicly available sources (e.g. social media platforms such as LinkedIn and Facebook, and other internet searches), electronic ID services and recruitment agencies. When information is obtained from independent sources, we will obtain this information in accordance with legal requirements.

The primary purpose for which we collect personal information about you is to establish your identity and to enable us to provide you with the services you have requested. In certain circumstances we may need to collect personal and sensitive information in order to comply with our legal obligations, for example to comply with our obligations under the AML/CFT Act. If you do not provide us with the information we request, we will not be able to provide you with legal services. We will also use the information obtained to communicate with you by mail, email or phone and for purposes necessary for us to provide you with legal services.

In the case of employees we will use the information obtained to pay your salaries/wages, communicate with you outside the office only when absolutely necessary and manage our relationship with you.

We may also be required to disclose personal information about you to certain third parties to enable us to provide the legal services you have engaged us for or to meet our legal obligations. These parties may include, but are not limited to:

  • Courts in New Zealand
  • Government and law enforcement agencies and regulators
  • Our bank, being ASB Bank
  • Organisations that help us establish and confirm your identity
  • Agencies established to help identify illegal activities and prevent fraud

We will only disclose personal information to third parties when we are instructed to do so by you or to comply with our statutory obligations.

We make every effort to ensure personal information is kept secure and take reasonable steps to protect it from misuse, unauthorised access or disclosure. Some of the measures implemented by us to secure personal information include using a secure server, firewalls, password access and secure vault storage. All personal information provided to Fencible Law Limited is stored in a variety of formats including in JPartner, our firm’s management software database, in digital format on our secure Server and in hard copy files, all at our Howick office. Personal information retained in JPartner and by way of electronic format on our Server is protected by multiple passwords. Personal information retained in hard copy is held on our premises in our secure storage room/vault. Closed and archived files containing personal information are stored in our secure storage room/vault at our premises. Any documents that we have prepared in draft and need to throw away are disposed of in a document destruction bin provided by Crown.

Under the Privacy Act 1993 you have the right to access any information we hold on your behalf and to correct this information. In order to do this please contact our office on 09 5333539.