5 DECEMBER
THE NEW ZEALAND GAZETTE
2277

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

(iv) Unless instructed to the contrary by the depositor,
statements of account will be sent by unregistered post to
the address given by the depositor in his application form
or such other address as may be subsequently notified to the
Board by the depositor. Statements will be deemed to be
received by him at the time such statement would be
delivered in the ordinary course of post.

8. Provisions Relating to Investments by Post

A. GENERAL

(i) Investments by post may be made as follows:
(a) By written instructions accompanied by a remittance
for the amount to be invested; or
(b) By written instructions against a deposit previously
established or dividends or refunds credited to such
deposit. The minimum deposit shall be £10.

(ii) Investments by post and the lodging of instructions by
post against deposits will be accepted only at such totalisator
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 totalisator agency. The Board may
also at any time close any totalisator agency for the receipt
of investments by post.

(iii) No instructions nor amendments to previous instruc-
tions will be acted upon if received by telegram or money-
order telegram or telephone. Where a postal deposit account
has been established, investments may also be made by tele-
phone provided the procedures set out in rule 7 hereof are
followed.

(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 such cheques to be cleared. All cheques must include
exchange.

(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 person on duty at the totalisator agency con-
cerned 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) Investments will not be accepted before the publica-
tion of acceptances for the race meeting concerned.

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 code number of the horse or horses
in respect of which the investment is required and
whether for win, place, or double, and/or such
other information as may be required to identify
the investment to be 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.

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).

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 instruc-
tions 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 inten-
tion of the investor. The investor shall be bound by such
interpretation.

(iv) Subject to the provisions of clause C (i) of this rule,
investments against dividends or refunds payable or to
become payable on previous investments will not be accepted.

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

(vi) The Board will accept investments up to 6 p.m. on
the working day preceding the race day concerned. Instruc-
tions received by the Board at any time later will not be
accepted unless the senior officer on duty at the totalisator
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. CREDITING AND PAYMENT OF DIVIDENDS AND REFUNDS

(i) In the case of deposits to be operated against by written
postal instructions dividends and refunds will be credited to
the depositor’s account as soon as is practicable after results
are known. Investments against dividends or refunds so
credited or known to be due will be accepted. 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 officer in
charge.

(ii) In respect of investments by post dividends and refunds
due will be posted on the earliest convenient day next after
the day of the race meeting concerned.

(iii) 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 totalisator 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.

(iv) Any investor or depositor who claims he has not
received the full dividend or refund to which he is entitled,
or who alleges that there is an inaccurate entry in his deposit
statement, must apply in writing to the totalisator agency
where the investment was made within four weeks of the
day on which the race concerned was run, and the applica-
tion must be accompanied by all relevant information sup-
porting the claim. The senior officer on duty at the totalisator
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.

(v) Where an investment or deposit has not be 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.

9. General Provisions Relating to Telephone and Postal
   Investments

(i) Remittances in respect of dividends, refunds, or of any
balance of a deposit account 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) 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.

(iv) The Board shall not be bound to submit a statement
of account when forwarding any remittance.

(v) 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.

10. Special Provisions Relating to Doubles

A. GENERAL

(i) Any person making an investment at or through a
totalisator agency shall be deemed to accept, subject to any
necessary modification in regard to investments off the course,
the regulations for the operation of the doubles totalisator 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 totali-
sator is required, at the time of making such investment, to
nominate the horse code numbers he selects for each race of
the prescribed double. In addition he must give the informa-
tion as to the race meeting, amount invested, and other
matters required in making cash, telephone, or postal invest-
ments for win or place.

(iii) Dividends will be paid or credited to the investor in the
same manner as dividends in respect of other investments by
cash, by telephone, or by post.

(iv) Investments on the doubles totalisator will not be
accepted prior to the publication of acceptances.