1754
THE NEW ZEALAND GAZETTE
[No. 67

“ (b) Where the Error Results in no Investment Being Made—

“ If no debit has been recorded against the investor’s deposit, the investor will have no claim upon the Board.

“ If the debit has been recorded against the investor’s deposit and the Board is satisfied that the amount has not been included in the total transmitted to the district office for the race concerned, the investor will be entitled to a refund but to no other payment unless the Board, at its sole discretion, shall direct payment to the investor of part or all of the dividend which would have been due but for the error.”

9. Special Conditions Applicable to Telephone Investments

   (a) Neither the Board nor any servant or agent of the Board shall be responsible for any loss arising from the unauthorized use of a depositor’s account.

   (b) The Board may refuse to accept any deposit, or having accepted a deposit, may refund the same at its discretion and without giving any reason therefor.

   (c) The delivery of cheques to the address given by the depositor will be at the sole risk of the depositor.

   (d) Any claim in respect of an alleged inaccurate entry in the depositor’s statement of account must be rendered to the totalizator agency within four weeks after the statement has been received or is deemed to be received by the depositor.

   (e) Statements of account will be sent by unregistered post to the address as given by the depositor in his application form and will be deemed to be received by him at the time such statement would be delivered in the ordinary course of post.

10. Provisions Relating to Investments by Post

    A. General

     (i) Investments and deposits for future investments will be accepted only at such totalizator agencies as the Board may from time to time nominate, and the Board may at any time direct that investments posted from any particular area, district, or locality shall be addressed to a particular totalizator agency, and the Board may also at any time close any totalizator agency for the receipt of investments by post.
    
     (ii) Investments will be accepted only in respect of such race meetings as the Board shall from time to time advertise.
    
     (iii) No instructions nor amendments to previous instructions will be acted upon if received by telegram or money-order telegram or telephone, whether or not such instruction relates to a previous deposit or remittance.
    
     (iv) All remittances must be by bank draft, postal note, money-order, or bank-note. Cheques will not be accepted, except by way of deposit for future investments, provided sufficient time elapses before investment against such deposit to enable cheque to be cleared.
    
     (v) If a remittance, other than a deposit, is received for an amount net to the Board other than in complete units of investment, the senior officer on duty at the totalizator agency concerned may in his sole discretion either reject the investment altogether or accept it up to the multiple next below the net amount so received by the Board. The amount due to the investor in accordance with the exercise of the discretion as aforesaid shall be refunded to the investor by the Board, less exchange or poundage.
    
     (vi) In respect of remittances or correspondence passing to and from the Board and an investor, the investor shall accept all risks, losses, delays, errors, or omissions which may occur in the ordinary course of post. The Board shall be under no obligation to send any remittance by registered post.
    
     (vii) No investment will be accepted before the publication of acceptances for the race meeting concerned or after the advertised time for receipt of such investments.

    B. Method of Investing

     (i) Instructions must be in writing and be accompanied by a remittance sufficient, and no more, for the investment or investments required. Instructions relating to investments against deposits must also be in writing signed by the depositor.
    
     (ii) The instructions as to investments must record clearly—
    
         (a) The surname, initials, and postal address of the investor in block letters:
    
         (b) The race meeting, the race at that race meeting, and the name or totalizator number of the horse or horses in respect of which the investment, including an investment on a doubles totalizator, is made:
    
         (c) The amount to be invested on each separate investment and the total amount enclosed:
    
         (d) Whether the investment is for win, place, or doubles:
    
         (e) The usual signature of the investor.
    
     Instructions will not be accepted for alternative investments to be made in the event of a nominated horse being scratched. The investor shall be bound by the particulars and instructions supplied by him.

    (iii) Where instructions are incomplete or ambiguous, the senior officer of the Board present, when such instructions are received, may at his discretion reject the investment or accept the investment according to what he believes to be the intention of the investor. The investor shall be bound by such interpretation.

    (iv) No instructions will be accepted for an investment against dividends payable on previous investments.

    (v) The officers of the Board may accept part of any investment instructions where the acceptance of the whole is not permitted under these rules.

    (vi) The Board shall advertise from time to time the latest day and time up to which investments will be accepted. Instructions received by the Board at any time later will not be accepted unless the senior officer on duty at the totalizator agency concerned in his discretion accepts the instructions.

    (vii) The Board shall not be bound to acknowledge receipt of or compliance with instructions for an investment.

    C. Payment of Dividends and Refunds

     (i) Dividends, refunds, and remittances in respect of depositors’ accounts will be paid at the option of the Board by cheque, bank draft, bank transfer, bank-note, postal note, or money-order posted to the address given on the original instructions relating to the investment or deposit in respect of which the dividend or refund or remittance is payable. Posting the remittance shall be deemed delivery to the investor.
    
     (ii) All exchange or poundage will be payable by the investor.
    
     (iii) Remittances will be posted on the earliest convenient day next after the day on which the race in respect of which the dividend is payable has been run, except in respect of remittances in respect of depositors’ accounts.
    
     (iv) The Board shall not be bound to submit a statement of account when forwarding any remittance.
    
     (v) If in any case the Board is in doubt to whom or to what address any refund or other remittance from the Board should be sent, the Board shall retain the amount payable and the person who claims to be entitled thereto must apply in writing or, if so required, in person to the totalizator agency to which the investment was sent and submit proof to the satisfaction of the Board of his right to the amount held by the Board.
    
     (vi) Any investor or depositor who claims that he has not received the full dividend to which he is entitled, or who alleges that there is an inaccurate entry in his deposit statement, must apply in writing to the totalizator agency where the investment was made within four weeks of the day on which the race concerned was run, and the application must be accompanied by all relevant information supporting the claim. The senior officer on duty at the totalizator agency will then notify the investor of the decision regarding the claim. If the investor is dissatisfied with the decision, he may within four weeks of receiving the decision of the senior officer submit his claim in writing to the Head Office of the Board with all relevant information supporting it. The decision of the Board shall be final.
    
     (vii) Where an investment or deposit has not been accepted, a refund of the amount of the remittance may be effected at the discretion of the Board by return of the remittance instrument enclosed by the investor.

    D. Additional Provisions Relating to Deposits for Postal Investments

     (i) The minimum deposit is £10.
    
     (ii) In the absence of written instructions as to the balance to be retained to the credit of the depositor, settlement of the amount due to the depositor, including any balance of his original deposit, will be retained pending receipt of written instructions or remitted to the depositor at the discretion of the senior officer in charge.
    
     (iii) Neither the Board nor any servant or agent of the Board shall be responsible for any loss arising from the unauthorized use of a depositor’s account.
    
     (iv) Dividends and refunds will be credited to depositors’ accounts as soon as practicable after the results are known. Investments for subsequent race meetings requiring the use of dividends or refunds from previous race meetings will be accepted, provided the dividends from such previous race meetings have been credited before the advertised closing time for the acceptance of postal investments for such subsequent race meetings.

11. Special Provisions Relating to Doubles Betting

    A. General

     (i) Any person making an investment at or with a totalizator agency shall be deemed to accept, subject to any necessary modification in regard to investments off the course, the regulations for the operations of the doubles totalizator on the course adopted by the New Zealand Racing Conference and the New Zealand Trotting Conference respectively and for the time being in force.
    
     (ii) Every person intending to invest on the doubles totalizator is required, at the time of making such investment, to nominate the starter he selects for both the first and the second race of the prescribed double. In addition, he must give the information as to the race meeting, amount invested, and other matters required in making cash, telephone or postal investments for win or place.