14 DECEMBER
THE NEW ZEALAND GAZETTE
2275

horse in the second race shall be binding upon the Board and upon the investor.

(g) Brackets—Where no bracket is shown in the notices exhibited by the Board but a horse is required to be bracketed with another horse on the totalisator, no bracket shall be deemed to exist unless both horses come under the orders of the starter. Where such a horse is scratched from the race, the Board shall substitute in accordance with subclause (ii) (c) herein.

(iii) Method of Substitution or Cancellation—(a) Investments made by telephone may be substituted or cancelled by telephone.

(b) Investments by cash may be substituted or cancelled only in person on presentation and exchange of the original ticket issued.

(c) Investments made by post may not be substituted or cancelled at any time.

C. TRANSMISSION OR OTHER FAILURE PRIOR TO THE CLOSING OF THE TOTALISATOR

When because of failure in the means of transmission or by reason of other unforeseen circumstances part or all of the details of investments received for the doubles totalisator cannot be recorded on that totalisator on course, the following provisions shall apply:

(i) Failure Prior to the First Race of the Double—(a) If an estimated 90 percent or more of such investments can be transmitted to the totalisator they shall be so transmitted, and as to the remainder not transmitted the Board will pay, in respect of those investments on the winner of the first race of the double coupled with the winner of the second race of the double, dividends at the rate declared and paid by the totalisator in respect of that double.

Provided that if in respect of such 90 percent or more of investments there is not an investment on every starter in the first race or if transmission to the course totalisator has commenced but there is a failure at any time before verification of the total investments intended to be transmitted has been received from the Board’s representative at the totalisator, then in either such event the circumstance as set out in subparagraph (b) herein shall be deemed to apply.

(b) If it is estimated by the Board that less than 90 percent of the off-course investments on a double are available for transmission or if 90 percent or more of the total of such investments cannot be transmitted to the totalisator, the Board will hold all off-course investments on the double and will establish a separate off-course pool in respect thereof.

From all investments in the pool there shall be deducted and paid the same statutory deductions as would be due if the moneys had been invested on the totalisator, and the balance shall be available in dividends to be determined in the same manner as applies for the determination of the doubles dividend on course.

(c) For the purposes of determining the percentages referred to in subclauses (i) and (ii) the Board will classify totalisator agencies and other offices or groups of either according to the amount or proportion of investments for the doubles totalisator received therein in respect of the first race of a double at previous race meetings conducted by the club or in respect of previous race meetings in the same district.

(ii) Failure Prior to the Second Race of the Double—(a) If details of the selections for the second race of the double in respect of 90 percent or more of the investments that were on the winner of the first race are available and can be transmitted to the totalisator, such shall be transmitted, and the Board will pay on all investments on the winner of the first race coupled with the winner of the second race of the double such dividends as are declared and paid by the totalisator.

Provided that if in respect of such 90 percent or more of investments there is not a selection on every starter in the second race or if transmission to the course totalisator has commenced but there is a failure at any time before verification of the total selections intended to be transmitted has been received from the Board’s representative at the totalisator, then in either such event the circumstances as set out in subparagraph (b) herein shall be deemed to apply.

(b) If less than 90 percent of the details of the selections for the second race of the double are available for transmission or if 90 percent or more cannot be transmitted to the totalisator before it closes for the second race of the double, no dividend will be declared or paid until all details necessary for the declaration of the dividend, having regard to the provisions of this subclause and of subclause (a) herein, can be transmitted to the totalisator.

11. Closing Time for Investments

In each totalisator agency there will be displayed the closing times for acceptances of investments at that agency for all races at all race meetings in respect of which investments may be accepted.

12. Special Provisions Relating to Investments on Races Outside New Zealand

(i) Subject to the express provisions of this rule the foregoing rules and the scheme shall apply with necessary modifications and shall be deemed to be accepted by the investor in respect of any investment received at or through any totalisator agency on a race outside New Zealand.

(ii) The Board shall allot code numbers to the horses in the race. If in the race there are more than 24 horses accepted for that race then the Board will create sufficient brackets to meet the position bracketing the first horse in excess of 24 with the twenty-fourth and working up from there, but if possible shall not bracket any such horses with any horse or horses already bracketed in the Board’s notices. Irrespective of any brackets on the totalisator or elsewhere or required by any rules of racing the brackets exhibited in the Board’s notices in respect of that race shall be final and binding. Brackets so exhibited shall be deemed to be brackets for all purposes of these rules except that the horses shall not be deemed to be identifiable for the purposes of rule 4 (f) (ii).

(iii) (a) After deducting all refundable amounts and all other lawful deductions the Board shall calculate dividends on the basis of the balance of the investments notified to the Board’s principal collating centre for that race before the start of the race but excluding any investments which are received for transmission to any totalisator at any race meeting conducted by a racing club.

(b) The dividends shall be calculated in the case of horse races in accordance with the relevant rules or regulations or resolutions of the New Zealand Racing Conference and in the case of trotting races in accordance with the relevant rules or regulations or resolutions of the New Zealand Trotting Conference.

(c) As soon as practicable after the amount of the dividend calculated on the basis of the unit of investment is ascertained it shall be declared by exhibiting a notice of the amount on a public notice board at the Board’s registered office and such declaration shall be final and binding on all investors.

13. Special Provisions Relating to Special Doubles

A. GENERAL

(i) Subject to express provisions of this rule the foregoing rules and the scheme shall apply with necessary modifications and shall be deemed to be accepted by the investor in respect of any investment received at or through any totalisator agency on a special doubles investment.

(ii) (a) The net pool available for doubles dividend or dividends shall be the amount of the investments notified to the principal collating centre for the special double before the start of the first race thereof after deducting all refundable amounts and other lawful deductions. The Board will calculate the dividend or dividends payable to investors in accordance with the amounts reinvested on the horse or horses in the second race of the double, as notified to the principal collating centre for that race before the start of the second race. Any investments which are received by the Board for transmission to any totalisator at any race meeting conducted by a racing club shall be excluded from any calculation under this paragraph.

(b) The calculation of the doubles dividend or dividends will be made when the second race is a horse race in accordance with the relevant rules or regulations or resolutions of the New Zealand Racing Conference and when the second race is a trotting race in accordance with the relevant rules or regulations or resolutions of the New Zealand Trotting Conference.

(c) As soon as practicable after the amount of the doubles dividend or dividends calculated on the basis of the unit of investment is ascertained it shall be declared by exhibiting a notice of the amount on a public notice board at the Board’s registered office and such declaration shall be final and binding on all investors.

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

(iii) Every person intending to invest on a special double may be required at the time of making such investments to nominate the horse code number he selects for each race of the special double simultaneously or as the Board may decide may make separate selections in each race before the advertised times of closing for the receipt of each selection in the same way as on course in which case the investor shall be bound by the rules of racing which the Board has directed to apply to that special double or generally. In addition he must give the information as to the race meeting or meetings, amount invested and other matters required in making cash, telephone or postal investments for doubles investments on the totalisator.

(iv) Investments on special doubles may be accepted prior to the publication of acceptances for each race thereof as may be notified from time to time in totalisator agencies.

B. PROVISIONS RELATING TO THE SCRATCHING OF HORSES IN A SPECIAL DOUBLE

(i) Where a horse in the first race of a special double is scratched:

(a) If a horse, including a bracketed horse, is scratched from the first race, the investor may at his option nominate a substitute or accept a refund at the totalisator agency where the investment was made up to 15 minutes before the advertised time of closing for the receipt of investments for the special double.

(b) If a horse is scratched at any time before the first race and the investor has not substituted another horse, the investor will be entitled to a refund except in