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Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
#274
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Archived
Created
2025-06-26 09:09
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Initial Research

Executive Summary

Retail cryptocurrency trading is legally permitted in New Zealand but is subject to existing financial regulations. The Financial Markets Authority (FMA) is the primary regulator, overseeing crypto-asset service providers that offer financial products or services. Key legal frameworks include the Financial Markets Conduct Act 2013 (FMCA) and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act). New Zealand treats cryptocurrencies as property for tax purposes and is implementing the OECD's Crypto-Asset Reporting Framework (CARF) to increase transparency.

Key Pillars

  • Financial Markets Authority (FMA): Oversees crypto-asset service providers to the extent they offer financial products or services, including exchanges, wallet providers, and ICOs. Providers offering crypto CFDs require a derivatives issuer license from the FMA.
  • AML/CFT Act 2009: VASPs are considered reporting entities and must register on the FSPR, conduct customer due diligence (KYC), manage risks, and report suspicious activities to the FIU. The DIA is the primary AML/CFT supervisor for many VASPs.
  • Taxation: The IRD treats cryptocurrencies as property for tax purposes. New Zealand is implementing the OECD's Crypto-Asset Reporting Framework (CARF).

Landmark Laws

  • Financial Markets Conduct Act 2013 (FMCA): Relevant to retail crypto trading if a cryptocurrency or crypto-asset service fits the definition of a financial product or service.
  • Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act): VASPs are considered reporting entities under this act, requiring registration, KYC/CDD, risk management, and suspicious activity reporting.
  • Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025: Introduces the OECD's Crypto-Asset Reporting Framework (CARF), scheduled to take effect on 1 April 2026.

Considerations

  • Legal Classification: Cryptocurrencies are treated as property for tax purposes by the Inland Revenue Department (IRD), not as legal tender.
  • Tax Treatment: Profits from cryptocurrency transactions are generally subject to income tax. Taxpayers must keep records of their cryptocurrency transactions.
  • Risks and Concerns: The FMA has issued warnings about the high-risk and speculative nature of cryptocurrency investments. The Council of Financial Regulators (CoFR) has expressed concerns about potential harm to consumers and investors.
  • OECD's Crypto-Asset Reporting Framework (CARF): Requires reporting crypto-asset service providers to collect and report transaction information to Inland Revenue starting from 1 April 2026, with the first reporting due by 30 June 2027.

Notes

  • Historical Context: New Zealand's regulatory approach has evolved, with increasing clarification of existing laws as the crypto market has grown. The inclusion of VASPs under the AML/CFT Act in 2017 was a significant step.
  • Regulatory Nuance: The FMA states that "Crypto is not specifically regulated in New Zealand" in the sense of a bespoke crypto-licensing regime, but rather through the application of existing, broader financial laws.
  • Cryptopia Liquidation: The High Court approved partial asset distributions to account holders in the Cryptopia liquidation case in late 2024, setting legal precedents for digital asset recoveries under New Zealand insolvency law.
  • RBNZ Stance: The RBNZ does not consider cryptocurrencies to be legal tender and is increasing its monitoring of stablecoins and crypto-assets.

Detailed Explanation

Retail cryptocurrency trading is legally permitted in New Zealand but operates within a regulated environment. The Financial Markets Authority (FMA) is the primary regulator overseeing crypto-asset service providers, particularly those offering financial products or services. The FMA emphasizes that providers offering crypto Contracts for Difference (CFDs) in New Zealand require a derivatives issuer license from the FMA. Key pieces of legislation include the Financial Markets Conduct Act 2013 (FMCA) and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).

The AML/CFT Act 2009 is critical for cryptocurrency-related activities. Businesses dealing in crypto-assets, especially Virtual Asset Service Providers (VASPs), are considered reporting entities. They must register on the Financial Service Providers Register (FSPR), conduct customer due diligence (CDD) including Know Your Customer (KYC) procedures, assess and manage money laundering and terrorism financing risks, and report suspicious activities to the New Zealand Financial Intelligence Unit (FIU). The Department of Internal Affairs (DIA) supervises many VASPs for AML/CFT compliance, while the FMA may supervise others.

For tax purposes, the Inland Revenue Department (IRD) treats cryptocurrencies as property, not legal tender. Profits from buying, selling, trading, or exchanging cryptocurrencies are generally subject to income tax. Taxpayers are required to keep records of their cryptocurrency transactions. New Zealand is implementing the OECD's Crypto-Asset Reporting Framework (CARF), requiring reporting crypto-asset service providers to collect and report transaction information to Inland Revenue starting from 1 April 2026, with the first reporting due by 30 June 2027.

The FMA has issued warnings about the high-risk and speculative nature of cryptocurrency investments, advising investors to be prepared to lose all their invested money and to use platforms registered on the FSPR. The Council of Financial Regulators (CoFR), including the RBNZ, FMA, Treasury, MBIE, and Commerce Commission, has also expressed concerns about potential harm to consumers and investors. The Reserve Bank of New Zealand (RBNZ) does not consider cryptocurrencies to be legal tender but is increasing its monitoring of stablecoins and crypto-assets.

New Zealand's regulatory approach has been evolving. The inclusion of VASPs under the AML/CFT Act in 2017 (with amendments) was a significant step. While retail trading is allowed and regulated, the FMA clarifies that "Crypto is not specifically regulated in New Zealand" in the sense of a bespoke crypto-licensing regime, but rather through the application of existing, broader financial laws. The Cryptopia liquidation case, where the High Court approved partial asset distributions to account holders in late 2024, has set legal precedents for digital asset recoveries under New Zealand insolvency law.

The Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025 introduces the OECD’s Crypto-Asset Reporting Framework (CARF). According to IRD commentary, the Act is scheduled to take effect on 1 April 2026. Ian Woolford, Director of Money and Cash – Tari Moni Whai Take, of the Reserve Bank of New Zealand (RBNZ) said, “We agree with the balance of submitters that a regulatory approach isn't needed right now, but increased vigilance is.” The Council of Financial Regulators (CoFR) notes that direct exposure to cryptoassets offers limited legal protection to investors against significant financial risks, and investors can be exposed to hacking, scams or fraud. Only some parts of the ecosystem, such as New Zealand-based trading platforms, are regulated in limited ways.

Summary Points

Retail Cryptocurrency Trading in New Zealand: Regulatory Overview (2025)

1. General Regulatory Status:

  • Allowed-Regulated: Retail cryptocurrency trading (buying, selling, holding) is legally permitted.
  • Technology-Neutral Approach: Existing financial regulations apply if a cryptocurrency or crypto-asset service fits the definition of a financial product or service.
  • No Specific Crypto Licensing Regime: No bespoke licensing regime exists specifically for cryptocurrencies. Regulation is applied through existing financial laws based on the nature of the service offered.

2. Key Regulatory Bodies & Roles:

  • Financial Markets Authority (FMA):
    • Primary regulator for financial markets and services.
    • Oversees crypto-asset service providers offering financial products or services.
    • Guidance: Cryptocurrency exchanges, wallet providers, brokers, and ICOs may be considered financial services.
    • Requires a derivatives issuer licence for providers offering crypto CFDs.
    • Issues warnings about the high-risk and speculative nature of crypto investments.
  • Department of Internal Affairs (DIA):
    • Primary AML/CFT supervisor for many Virtual Asset Service Providers (VASPs).
  • New Zealand Financial Intelligence Unit (FIU):
    • Receives suspicious activity reports (SARs) and prescribed transaction reports from reporting entities. Part of the Police.
  • Inland Revenue Department (IRD):
    • Treats cryptocurrencies as property for tax purposes, not legal tender.
    • Profits from crypto transactions are generally subject to income tax.
  • Reserve Bank of New Zealand (RBNZ):
    • Does not consider cryptocurrencies to be legal tender.
    • Increasing monitoring of stablecoins and crypto-assets to understand risks and opportunities.
    • Working with other agencies to support healthy growth in the financial ecosystem.
  • Council of Financial Regulators (CoFR):
    • Includes RBNZ, FMA, Treasury, MBIE, and Commerce Commission.
    • Expressed concerns about potential harm to consumers and investors.

3. Important Legislation & Regulations:

  • Financial Markets Conduct Act 2013 (FMCA): Applies to crypto-asset services that qualify as financial products or services.
  • Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act):
    • Critical legislation for cryptocurrency-related activities.
    • VASPs are generally considered reporting entities.
  • Taxation Laws: Cryptocurrencies are treated as property and subject to income tax on profits.

4. Compliance Requirements for VASPs (under AML/CFT Act):

  • Registration: Register on the Financial Service Providers Register (FSPR).
  • Customer Due Diligence (CDD):
    • Know Your Customer (KYC) procedures, including identity verification.
  • Risk Management: Assess and manage money laundering and terrorism financing risks.
  • Reporting: Report suspicious activities and prescribed transactions to the FIU.

5. Notable Restrictions & Limitations:

  • Lack of Specific Consumer Protections: Many crypto investments may lack basic consumer protections found in other financial products.
  • High Risk: FMA warns about the high-risk and speculative nature of cryptocurrency investments.
  • Scams and Cyber-attacks: Investors are cautioned about the risks of scams and cyber-attacks.
  • Limited Legal Protection: Direct exposure to cryptoassets offers limited legal protection to investors against significant financial risks.

6. Recent Developments & Changes:

  • OECD's Crypto-Asset Reporting Framework (CARF):
    • Implemented through the Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025.
    • Requires reporting crypto-asset service providers to collect and report transaction information to Inland Revenue.
    • Effective from 1 April 2026, with the first reporting due by 30 June 2027.
  • Cryptopia Liquidation: The High Court approved partial asset distributions to account holders in late 2024, setting precedents for digital asset recoveries under insolvency law.
  • Increased Monitoring by RBNZ: RBNZ is increasing its monitoring of stablecoins and crypto-assets.

Full Analysis Report

Report on the Current Status of Retail Cryptocurrency Trading in New Zealand

Date: 2025-06-26

Topic: Retail_Trading_Status

Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).

1. Identified Current Status: Allowed-Regulated

2. Detailed Narrative Explanation:

Retail cryptocurrency trading, including buying, selling, and holding, is legally permitted in New Zealand. While there isn't a specific, standalone licensing regime for cryptocurrencies themselves, the activity is subject to several existing financial regulations, and service providers are required to comply with these. This places New Zealand in the 'Allowed-Regulated' category.

New Zealand has adopted a technology-neutral approach to financial regulation. This means that if a cryptocurrency or a crypto-asset service fits the definition of a financial product or service under existing laws, then those laws apply. The primary pieces of legislation relevant to retail crypto trading are the Financial Markets Conduct Act 2013 (FMCA) and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).

Regulatory Oversight and Key Requirements:

  • Financial Markets Authority (FMA): The FMA is the primary regulator for financial markets and services in New Zealand. It oversees crypto-asset service providers to the extent that they offer financial products or services. The FMA has issued guidance stating that activities such as cryptocurrency exchanges, wallet providers, brokers, and Initial Coin Offerings (ICOs) may be considered financial services and thus fall under its regulatory purview. The FMA emphasizes that providers offering crypto Contracts for Difference (CFDs) in New Zealand require a derivatives issuer licence from the FMA.
  • Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) Act 2009: This is a critical piece of legislation for cryptocurrency-related activities. Businesses dealing in crypto-assets, particularly Virtual Asset Service Providers (VASPs), are generally considered reporting entities under the AML/CFT Act. This means they must:
    • Register on the Financial Service Providers Register (FSPR).
    • Conduct customer due diligence (CDD), which includes Know Your Customer (KYC) procedures like identity verification.
    • Assess and manage money laundering and terrorism financing risks.
    • Report suspicious activities and prescribed transactions to the New Zealand Financial Intelligence Unit (FIU), which is part of the Police.
    • The Department of Internal Affairs (DIA) is the primary AML/CFT supervisor for many VASPs, though the FMA may supervise others depending on the specific services offered.
  • Taxation: The Inland Revenue Department (IRD) treats cryptocurrencies as a form of property for tax purposes, not as legal tender. Profits from buying, selling, trading, or exchanging cryptocurrencies are generally subject to income tax. This includes exchanging one cryptocurrency for another or using cryptocurrency to pay for goods and services. Taxpayers are required to keep records of their cryptocurrency transactions. New Zealand is also implementing the OECD's Crypto-Asset Reporting Framework (CARF), which will require reporting crypto-asset service providers to collect and report transaction information to Inland Revenue starting from 1 April 2026, with the first reporting due by 30 June 2027. This framework aims to increase transparency in crypto-asset transactions.
  • Consumer Protection and Warnings: The FMA has issued warnings about the high-risk and speculative nature of cryptocurrency investments. They advise investors to be prepared to lose all their invested money and to use platforms registered on the FSPR, which provides access to independent dispute resolution schemes. The FMA also cautions that many crypto investments may lack basic consumer protections found in other financial products and highlights the risks of scams and cyber-attacks. The Council of Financial Regulators (CoFR), which includes the RBNZ, FMA, Treasury, Ministry of Business, Innovation and Employment (MBIE), and Commerce Commission, has also expressed concerns about potential harm to consumers and investors, reiterating the FMA's advice.
  • Reserve Bank of New Zealand (RBNZ): The RBNZ does not consider cryptocurrencies to be legal tender. While it is not currently proposing a specific regulatory approach for crypto-assets, it is increasing its monitoring of stablecoins and crypto-assets to understand the risks and opportunities they present. The RBNZ acknowledges the need for caution and is working with other agencies to support healthy growth in the financial ecosystem.

Historical Context and Nuance:

New Zealand's regulatory approach has been evolving. Initially, like many countries, there was less specific guidance. However, as the crypto market has grown, regulators have increasingly clarified how existing laws apply and have taken steps to address risks, particularly concerning money laundering and consumer protection. The inclusion of VASPs under the AML/CFT Act in 2017 (with amendments) was a significant step. The ongoing work towards implementing CARF indicates a continued move towards greater regulatory clarity and international cooperation.

While retail trading is allowed and regulated, the FMA clearly states that "Crypto is not specifically regulated in New Zealand" in the sense of a bespoke crypto-licensing regime, but rather through the application of existing, broader financial laws. This distinction is important. The emphasis is on the nature of the service offered rather than the cryptocurrency itself determining the regulatory obligations.

The Cryptopia liquidation case, where the High Court approved partial asset distributions to account holders in late 2024, has also set important legal precedents for digital asset recoveries under New Zealand insolvency law.

In summary, New Zealand permits retail cryptocurrency trading but has established a regulatory framework that brings service providers under AML/CFT obligations, financial services laws (where applicable), and specific tax rules. Regulators actively warn consumers about the risks involved.

3. Specific, Relevant Text Excerpts:

  • Financial Markets Authority (FMA): "Crypto is not specifically regulated in New Zealand and international laws and regulations vary widely from country to country. This means that many crypto investments are unlikely to have some of the basic consumer protections you might expect from other financial products. If you want to buy, sell or trade cryptocurrencies, use platforms or other service providers that are registered on New Zealand's Financial Service Providers Register (FSPR)."
  • Financial Markets Authority (FMA) on AML/CFT: "Virtual asset service providers (VASPs) who provide financial services fall within the definition of financial institution in the AML/CFT Act."
  • LegalTrek (summarizing the regulatory environment): "Cryptocurrency regulation in New Zealand is evolving, and businesses dealing with crypto must comply with laws including anti-money laundering (AML) and financial services regulations." "For tax purposes, IRD treats cryptocurrencies as property, not currency, and does not see them as legal tender."
  • Inland Revenue Department (IRD) via Koinly: "The Inland Revenue Department (IRD) is clear that cryptocurrency is subject to Income Tax."
  • Department of Internal Affairs (DIA) (supervisor for many VASPs): "In accordance with the Financial Action Task Force's (FATF) recommendations for the regulation of virtual assets and VASPs, VASPs are captured by the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) as reporting entities." "VASPs must conduct customer due diligence on all customers, which includes verifying their customers' identity."
  • Chambers and Partners (on recent developments): "A notable development is the introduction of the Organisation for Economic Co-operation and Development’s (OECD) Crypto-Asset Reporting Framework (CARF) through the Taxation (Annual Rates for 2024–25, Emergency Response, and Remedial Measures) Act 2025. According to IRD commentary, the Act is scheduled to take effect on 1 April 2026."
  • Reserve Bank of New Zealand (RBNZ): “We agree with the balance of submitters that a regulatory approach isn't needed right now, but increased vigilance is,” said Ian Woolford, Director of Money and Cash – Tari Moni Whai Take."
  • Council of Financial Regulators (CoFR): "Direct exposure to cryptoassets offers limited legal protection to investors against significant financial risks, and investors can be exposed to hacking, scams or fraud. Only some parts of the ecosystem, such as New Zealand-based trading platforms, are regulated in limited ways."

4. Direct, Accessible URL Links to Specific Sources:

  1. Financial Markets Authority (FMA) - Cryptocurrencies: https://www.fma.govt.nz/consumers/investing/types-of-investments/cryptocurrencies/
  2. LegalTrek - Is Cryptocurrency Legal In New Zealand?: https://legaltrek.com/blog/2023/07/is-cryptocurrency-legal-in-new-zealand/ (Note: While the article is from 2023, the search results indicate the general legal stance and AML/tax rules remain consistent, with recent updates focusing on reporting frameworks like CARF).
  3. PILnet - Legal regulation of cryptocurrency and NFTs – New Zealand: (Provides general overview, though focused on charities, it touches on broader legal status and AML/CFT). https://www.pilnet.org/resource/legal-regulation-of-cryptocurrency-and-nfts-new-zealand/
  4. Russell McVeagh - Virtual Currency Regulation | New Zealand (via Lexology): https://www.lexology.com/library/detail.aspx?g=e15c4f71-699a-4e4a-8f0a-0e783e74c86b (Provides legal firm analysis).
  5. SBSB Fintech Lawyers - New Zealand Crypto license Cost and requirement: https://sb-sb.com/crypto-license-new-zealand/ (Commercial site, but reflects regulatory requirements).
  6. Koinly - New Zealand Crypto Tax Guide 2025: https://koinly.io/guides/crypto-tax-new-zealand/
  7. Cointelegraph - An overview of the cryptocurrency regulations in New Zealand: https://cointelegraph.com/learn/an-overview-of-the-cryptocurrency-regulations-in-new-zealand
  8. Kryptos.io - New Zealand Crypto Tax Guide 2025: https://kryptos.io/guides/new-zealand-crypto-tax-guide
  9. Dentons - New Zealand - Government introduces crypto-asset reporting rules: https://www.dentons.com/en/insights/alerts/2024/september/8/new-zealand-government-introduces-crypto-asset-reporting-rules
  10. MinterEllisonRuddWatts - New Zealand: Crypto-asset regulation: https://www.minterellison.co.nz/our-view/new-zealand-crypto-asset-regulation
  11. Freeman Law - New Zealand and Cryptocurrency: https://freemanlaw.com/new-zealand-and-cryptocurrency/
  12. Gallaway Cook Allan (via Otago Daily Times) - FMA moving to clarify the regulatory status of cryptocurrencies: https://www.odt.co.nz/business/fma-moving-clarify-regulatory-status-cryptocurrencies (Older article from 2017 but shows early regulatory thinking).
  13. Inland Revenue - Tax Policy - Regulatory Impact Statement: Crypto-asset Reporting Framework: https://taxpolicy.ird.govt.nz/publications/2024/2024-ris-armt-bill/crypto-asset-reporting-framework
  14. Blockchain NZ (summarizing DIA guidance) - AML/CFT Act minimum standards for VASPs: https://blockchain.org.nz/2022/08/10/aml-cft-act-minimum-standards-for-vasps/
  15. CoinLedger - Crypto Tax in New Zealand: The Ultimate Guide (2025): https://coinledger.io/guides/crypto-tax-new-zealand
  16. Otago Daily Times - FMA moving to clarify the regulatory status of cryptocurrencies: https://www.odt.co.nz/business/fma-moving-clarify-regulatory-status-cryptocurrencies
  17. Andersen NZ - Cryptoasset Taxation in New Zealand: What SMEs Need to Know: https://www.andersen.com/nz/insights/cryptoasset-taxation-in-new-zealand-what-smes-need-to-know/
  18. Chambers and Partners - Blockchain 2025 - New Zealand: https://chambers.com/content/item/1274001
  19. KoinX - Crypto Taxes In New Zealand – Ultimate Tax Guide: https://koinx.com/blog/crypto-tax-new-zealand/
  20. EY - New Zealand enacts generic emergency response tax relief measures and other changes: https://www.ey.com/en_gl/tax-alerts/new-zealand-enacts-generic-emergency-response-tax-relief-measures-and-other-changes
  21. NZ Herald - 'Caution is needed' - RBNZ ramps up crypto watch: https://www.nzherald.co.nz/business/reserve-bank-of-new-zealand-ramps-up-monitoring-of-stablecoins-and-crypto-assets/LS3JAFDJJFEJZFJ4P7WJSLH2ZA/
  22. Department of Internal Affairs (DIA) - Factsheet - Virtual Asset Service Providers: https://www.dia.govt.nz/Spam-Prevention-AML-CFT-AML-CFT-Legislation-Resources-AML-CFT-VASP-Factsheet (Actual document likely a PDF linked from a similar page, direct link to .docx found in search).
  23. K3 Legal - Cryptocurrency in New Zealand: https://k3.co.nz/articles/cryptocurrency-in-new-zealand/
  24. Manukau Accountants - Crypto Tax Obligations in New Zealand: What You Need to Know: https://www.manukau.accountants/insights/crypto-tax-obligations-in-new-zealand-what-you-need-to-know/
  25. TheStreet - The Legality and Popularity of Crypto in New Zealand: https://www.thestreet.com/cryptocurrency/news/the-legality-and-popularity-of-crypto-in-new-zealand
  26. Reserve Bank of New Zealand (RBNZ) - RBNZ ramps up monitoring of stablecoins and cryptoassets: https://www.rbnz.govt.nz/hub/news/2023/06/rbnz-ramps-up-monitoring-of-stablecoins-and-cryptoassets
  27. Council of Financial Regulators (CoFR) - Cryptoassets: a statement from the Council of Financial Regulators – September 2022: https://www.cofr.govt.nz/news-and-publications/cryptoassets-a-statement-from-the-council-of-financial-regulators-september-2022.html
  28. Thomson Reuters - Cryptocurrency - Global Regulatory Updates: https://tax.thomsonreuters.com/blog/cryptocurrency-global-regulatory-updates/ (Provides international context).
  29. Pay It Now (PIN) - How to Buy Crypto in NZ: The Complete Beginner's Guide for 2025: https://payitnow.co.nz/blog/how-to-buy-crypto-in-nz/ (Commercial site, but mentions AML compliance).
  30. Cryptocurrency NZ - How to Sell Cryptocurrency in NZ - Crypto Guide: https://cryptocurrency.org.nz/guides/how-to-sell-cryptocurrency-nz/ (Community site, mentions AML for exchanges).
  31. Reserve Bank of New Zealand (RBNZ) - Trans-Tasman Council on Banking Supervision 2022 Statement Release: https://www.rbnz.govt.nz/hub/news/2022/12/trans-tasman-council-on-banking-supervision-2022-statement-release (Mentions crypto assets in broader supervisory discussions).

Web Sources (31)

Sources discovered via web search grounding

Search queries used (8)
  • Retail cryptocurrency trading regulations New Zealand 2025
  • Financial Markets Authority New Zealand cryptocurrency guidance
  • Reserve Bank of New Zealand cryptocurrency statement
  • New Zealand AML/CFT laws cryptocurrency
  • Taxation of cryptocurrency New Zealand retail investors
  • Is cryptocurrency legal in New Zealand for individuals?
  • Regulation of crypto exchanges New Zealand
  • Recent changes to New Zealand crypto regulation 2024 2025
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