2276
THE NEW ZEALAND GAZETTE
No. 90

is omitted, the Board in its sole discretion may, if it is
satisfied that such record or omission is an error and it
is manifest that the investment was intended for a particular
meeting, treat the investment as intended for that meeting
and the investment shall be deemed to be made accordingly.
(g) (i) Subject to the following provisions of this clause
the investor shall be deemed to accept the ticket issued to
him unless he applies forthwith after issue thereof to have
any error or omission rectified.
(ii) Subject to the provisions of the next succeeding sub-
clause (iii) herein, if the investment as indicated on the
ticket is one which cannot be recorded on the totalisator
or is one for which notices are not exhibited at the agency
in accordance with clause (f) herein at the time the ticket
is issued, the investor shall be entitled only to a refund.
(iii) Where the ticket is issued for a doubles investment
and in respect of the second race of such double there is
either no horse code number recorded or the number recorded
is not one included on the totalisator, the investor shall be
deemed to accept the ticket as issued and in the event of
the horse selected winning the first race of the double the
Board will place the investment in the second race of the
double on the favourite as would be determined in accord-
ance with the provisions of rule 10B (ii) and the investor
shall be entitled only to such dividend if any as may be
derived therefrom.
(iv) Subject to the provisions of the last preceding sub-
clause (iii) and rule 5 (f) (iii), where the ticket is incom-
plete as to any of the required particulars or the ticket or
any of the required particulars thereon are in the opinion
of the Board ambiguous, the investor shall be entitled only
to a refund.
(v) If the ticket is issued and the details of amounts of
individual investments recorded thereon do not agree with
the recorded total of the amounts on the ticket, the details
shall prevail and the ticket shall be treated accordingly.
(h) Any ticket, when presented for a dividend or refund
or for the correction of an alleged error, may be rejected
without any payment made thereon if it has been altered
or defaced.

6. Payment of Dividends and Refunds in Respect of Cash
   Investments

(a) No dividends will be paid on the day of the race con-
cerned.
Refunds may be paid at any time when the totalisator
agency at which the investment was made is open for busi-
ness, but the person in charge of such agency may declare at
any time that refunds due in respect of any race meeting or
race shall be payable at the same time as when dividends for
such meeting or race are payable.
(b) There shall be displayed in every totalisator agency
from time to time the earliest date and the hours when divi-
dends and refunds will be payable.
Thereafter dividends will be payable at the totalisator
agency from which the ticket was issued during the notified
hours for a period of four weeks from the date of the meet-
ing concerned.
(c) Payment will be made on production of the ticket and
will be in cash or may at the option of the Board be by
cheque.
(d) Dividends and refunds not claimed or paid within the
period of four weeks as aforesaid may be claimed on pro-
duction at the totalisator agency where the investment was
made of the ticket in respect of which the payment is due
and the completion by the claimant of such written form of
application as the Board may require.
Dividends and refunds not claimed within six months from
the date of the meeting concerned shall be deemed to be
forfeited to the Board.

7. Provisions Relating to Investments by Telephone
   A. GENERAL

(i) Investments by telephone will be accepted at such
totalisator agencies as may be nominated by the Board for
that purpose and only against a deposit previously established
at such agency or against dividends due to the credit of an
investor’s account.
(ii) Depositors will use only the telephone numbers notified
to them.
(iii) The person in charge may refuse to accept any deposit
or, having accepted such, may refund the deposit or any
balance thereof at his discretion and without giving any
reason therefor. He may restrict acceptance of deposits or
telephone instructions to those received from persons con-
nected to particular telephone exchanges.
(iv) Subject to the special provisions relating to doubles
investments, investments or the cancellation of investments
may be made by telephone at any time during the business
hours of the totalisator agency up to the closing time of that
agency for the race concerned.
(v) A separate record will be kept of each deposit account
and of the investments made against it.
(vi) Dividends and refunds will be credited to depositors’
accounts as soon as practicable on the day of the race con-
cerned or thereafter.
(vii) No instructions or amendments to previous instruc-
tions will be acted upon unless received by telephone.

B. PROCEDURE FOR OPENING OR RENEWING A DEPOSIT
ACCOUNT

(i) Application to open a deposit account must be in
writing giving the information required in the form required
by the Board and must be signed by the applicant.
(ii) The application must be accompanied by a deposit of
at least £2.
(iii) Where cheques are received as a deposit, no invest-
ment against that deposit will be accepted until the cheque
is cleared.
(iv) The depositor will be given a receipt for the amount
deposited.
(v) The depositor is required to nominate four codes, each
of four figures, and to give instructions as to the balance, if
any, to be carried forward in his account from time to time.
(vi) Any depositor desiring to renew or increase his deposit
may do so by forwarding or paying the additional amount to
the totalisator agency concerned or so authorised and by
advising his account number and name.
(vii) At the option of the Board any depositor may be
required to submit a further application amending any or all
of the particulars required to be given. The depositor may
also revoke the original application and replace it by a new
one on satisfying the Board that there is reasonable need of
it for his own protection. In either case any amounts stand-
ing to the credit of the depositor will be transferred to his
credit in the new account.

C. PROCEDURE FOR INVESTING AGAINST DEPOSITS

(i) The depositor must state his account number and one
or more of his four codes as required by the operator.
(ii) The depositor is required to supply the following
information—the race meeting, the race at that meeting and
the name or code number of the horse, the amount of the
investment, and whether for win, place, or doubles, and/or
such other information as may be required to identify the
investment to be made.
(iii) On receipt of the instructions the operator will read
back the message unless the depositor states he does not
require the instructions repeated.

D. CREDITING AND PAYMENT OF DIVIDENDS

(i) All dividends will be credited to the depositor’s account.
(ii) The amount standing to the credit of the account of
a depositor at any time shall be disposed of in accordance
with the instructions of the depositor. The instructions shall
be in such form as the Board from time to time may
require.
In the absence of such instructions the amount may be
retained pending receipt of instructions or the whole or
part of the amount may be remitted to the depositor at any
time at the discretion of the person in charge at the totalisa-
tor agency at which the deposit account is held.

E. PROVISIONS APPLICABLE WHERE ERROR IS MADE IN THE
GIVING OR RECORDING OF TELEPHONE INVESTMENTS

(i) Where the Error Results in an Incorrect Investment Being
Made

Prima facie the investment will be deemed to be that
which is recorded so that the investor shall suffer the loss or
receive the benefit as the case may be.
Where, however, the error results in a loss to the investor
who alleges that the error was due to the mistake or other
default of any servant of the Board, or of any agent or of
any servant of any agent, the Board will inquire into the cir-
cumstances and if in its sole discretion the Board is satisfied
that such error was due either to the wilful default or to the
negligence of such servant or agent, the Board will refund
the amount invested but shall not be liable to any dividend
which would have been payable had the correct investment
been made. Application for a refund must be made promptly
after notice of the error is received or deemed to be received
by the investor. Notwithstanding the foregoing, the Board
shall have a discretion to pay part or all of the dividend
which would have been due but for the error.

(ii) Where the Error Results in no Investment Being Made on
the Totalisator

If at the totalisator agency where the deposit lies there is a
record in writing of an investment having been made, the
Board will accept it as such even if the investment has not
been transmitted to the totalisator.

F. BRACKETS

Notwithstanding that the selected horses are required to be
named, the investment shall be subject to the provisions of
rule 4 (f) relating to brackets except that the horses shall
not be deemed to be identifiable for the purposes of rule 4
(f) (ii).

G. SPECIAL CONDITIONS APPLICABLE TO TELEPHONE
INVESTMENTS

(i) Neither the Board nor any servant or agent of the
Board shall be responsible for any loss arising from the
unauthorised use of a depositor’s account.
(ii) The delivery of cheques to the address given by the
depositor will be at the sole risk of the depositor.