14 DECEMBER
THE NEW ZEALAND GAZETTE
2269

(iii) Such rules will be exhibited in all totalisator agencies
and will also be published in the New Zealand Gazette to ensure that all reasonable steps are
taken that all persons making investments by any
of the methods permitted by clause (3) of this
Part have or are deemed to have notice of the rules.

(b) The times when any totalisator agency will be open
for business and the latest times up to which investments for
any race or at any race meeting will be accepted at any such
agency will be decided by the Board or by such executive
officer as the Board may direct. The latest times for accepting
investments may vary at individual totalisator agencies having
regard to the method of investment and the problems of any
particular totalisator agency.

(c) The unit of investment shall be 50 cents or such multiple
thereof as the Board, from time to time, may determine
irrespective of what may be the unit of investment on the
course.

(d) It is the aim of the Board to provide a service off course
in respect of all race meetings, but this would not be possible
at all times or in respect of all methods of investing.

(e) The senior officer on duty, or, as the case may be, the
agent at any totalisator agency, unless otherwise directed by
the Board or the general manager, shall be entitled to reject
at any time and without giving any reason therefor part or all
of any investment.

(5) Transmission of Investments Received at Totalisator
Agencies

Details of investments at all totalisator agencies for each
race meeting and race will be collated at head office and
from there transmitted to the totalisator on the course unless
special circumstances otherwise require or as provided in
clause (10) and clauses (11) and (12) of this Part.

Facilities at present available make the telephone system
the most suitable means of communication between totalisator
agencies, offices, and the head office, and from there to the
course.

It will be the policy of the Board to take all steps reasonably available to ensure simplicity of procedure and accuracy
of transmission, and for these purposes changes in present
methods may be made from time to time.

While in general the intention will be to have investments
off course registered and exhibited on the totalisator on the
course when it opens, it is recognised that delays in collation
and transmission or any special problems of the club conducting the meeting will make this not always possible.

(6) Dividends

Except as is otherwise provided in clause (10) and clauses
(11) and (12) of this Part, dividends shall be payable at the
same rates as those paid by the totalisator on the course.

Dividends on cash investments may be paid by cash or by
cheque; on telephone or postal investments by cheque, money
order, postal note, bank draft or bank transfer.

In respect of payments of dividends by the Board otherwise
than by cash the investor may be required to pay any
exchange and stamp duty payable on cheques, bank drafts
and bank transfers or commission on money orders or postal
notes as the Board may decide.

Times for Payment of Dividends

(a) Cash Investments: No dividends for cash investments
will be paid at any totalisator agency on the same day as the
race in respect of which the dividend is due is run. They will
be paid on the first convenient working day after such race
day. There will be facilities at agencies for payment of late
dividends. The period during which dividends in respect of any
or all race meetings are payable at totalisator agencies or
offices may be limited by the Board as it thinks fit and
reasonable.

(b) Telephone Investments: Dividends will be credited to
the depositor’s account. The Board will dispose of the
amount standing to the credit of the account of a depositor
in accordance with his instructions. In the absence or pending
the receipt of such instructions the whole or part of the
amount due may be retained or remitted to the depositor
at any time at the discretion of the person in charge at the
totalisator agency at which the account is held.

(c) Postal Investments: Dividends shall be posted to the
investor as soon as conveniently possible.

(7) Office Hours of Totalisator Agencies

Totalisator agencies shall open for business at such times
and for such periods reasonably convenient to the public as
the Board, from time to time, directs.

(8) Refund of Investments

(a) Scratchings: Generally where win and place investments
on a horse which is scratched or withdrawn from a race are
refunded to the Board, or cannot be invested by the Board
on account of such scratching or withdrawal, then such investments shall be refunded to the investor except in so far as is
otherwise provided in the rules of the Board.

In general the foregoing will apply to investments on the
doubles totalisator but subject to the provisions of clause (9)
of this Part and to any rules relating specifically to that type
of investment.

(b) Errors—(i) Cash Investments: The off-course investor
will be in the same position as if an error was made in the
issue of a ticket from the totalisator on course, that is, unless
he rectifies the error at once he is deemed to accept the ticket
issued to him.

(ii) Telephone Investments—

(a) Where the error results in the 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 fault of any servant of the
Board, or of an agent or of any servant of the
agent, the Board will inquire into the circumstances,
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 for 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. Further particulars will be
the subject of rules of the Board.

Notwithstanding the foregoing the Board shall have
a discretion to pay part, or all, of the dividends
which would have been due but for the error.

(b) Where the error results in no investment being made:
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.

(iii) Postal Investments—In respect of investments by post
the investor will be bound by his written instructions but
subject to the right of the Board to reject the investment or
interpret the intention of the investor where the instructions
are incomplete or ambiguous.

(9) Investments at Doubles Totalisator

Primarily off-course investments on the doubles totalisator
must be subject to such regulations prescribed for the operation of that totalisator as are made from time to time by the
conferences or either of them. While recognising this, it is
appreciated that in practice it is not possible to afford the
investor off course the same facilities in the nomination of
his double or in the replacement of a scratched horse as are
available to the investor on course. The off-course investor
will be required to nominate his selections in both the first
and second race of the double. Having regard to the time
available provision will be made in the rules of the Board
for the investor to withdraw the investment if a selected horse
is scratched or withdrawn from either race of the double.

Where an investment is not withdrawn by the investor in
respect of a horse scratched from the first race of the double,
the investment will be subject to the provisions of clause (8)
governing refunds of investments.

Where an investment is not withdrawn by the investor in
respect of a horse scratched from the second race of the double and the horse selected in the first race of the double
is the winner of that race, the Board will arrange for the
investment to be made in the second race of the double on
a substitute horse in such manner as is provided in the rules
of the Board.

In order to avoid unnecessary administrative difficulties and
to reduce the risk of error at the totalisator, the Board
will not transmit to the totalisator details of the investments
on the second race of the double at the time the details of
the investments on the first race of the double are transmitted. These will be withheld by the Board until after the
result of the first race of the double is known, following
which only details of those investments which have qualified
for the second race will be transmitted.

(10) Transmission or Other Failure Prior to the Closing of the
Totalisator

(a) There may be occasions when part or all of the investments received for any race or for a double cannot be
recorded on the totalisator because of failure in the means of
transmission or by reason of other similar unforeseen circumstances. In any such event the policy of the Board will be to
recognise every such investment as qualifying for a dividend
depending upon the result of the race concerned and subject
to the decision of the appropriate officers of the club concerned.

It is recognised that the adoption of this policy ought
to include, so far as is reasonably possible, the payment
off course of the same dividend as is declared on course.
There is, however, the practical requirement that the Board
ought not to be in the position of incurring a heavy loss
or making a substantial gain. In respect of win or place
investments this is unlikely to result, and accordingly, as
to any such investment unable to be recorded on the
totalisator, it is intended to pay the same dividend as is
declared on the totalisator.

In respect of investments on the doubles totalisator there
is a real possibility of heavy loss or a substantial gain unless
a large proportion of the investments received are recorded
on the totalisator. It is intended, therefore, under the circumstances set out hereunder, either to pay in respect of
these investments the same dividend as is declared on the
totalisator or to establish a separate pool off course and to
calculate the dividend accordingly.

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