13 SEPTEMBER

THE NEW ZEALAND GAZETTE

(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. DISPOSAL OF BALANCE IN A DEPOSIT ACCOUNT

(i) 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.

(ii) 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 totalisator
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 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 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 may be required
to be named, the investment shall be subject to the provisions
of rule 4 (d) relating to brackets except that the horses
shall not be deemed to be identifiable for the purposes of
rule 4 (d) (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) Remittances posted to the address given by the depositor
will be at the sole risk of the depositor.

(iii) Whenever requested particularly by the depositor the
Board will send a statement of account by unregistered post
to the address given by the depositor in his application form
or such other address as may be notified subsequently to the
Board by the depositor. Statements will be deemed to be
received by the depositor at the time such statement would
be delivered in the ordinary course of post.

(iv) Any claim in respect of an alleged inaccurate entry
in the depositor's statement of account must be rendered to the
totalisator agency within 4 weeks after the statement has
been received or is deemed to be received by the depositor;
otherwise the claim will not be admitted by the Board.

(v) In any case in which a depositor has not requested
particularly that a statement of account should be sent to
him the depositor is required to agree the balance of his
account with the telephone operator at the totalisator agency
at least once in every 4 weeks. No claim in respect of an
alleged incorrect balance will be admitted by the Board if the
depositor has failed to agree the balance at least once in the
4 weeks immediately preceding the claim.

(vi) If the depositor's account has not been operated for
a period of 12 months the Board may close the account and
may in its discretion retain the amount standing to the credit
of the account or remit the same to the depositor.

8. Provisions Relating to Investments by Post

A. GENERAL

(i) Investments by written instructions through the post
will be accepted if accompanied by a remittance for the amount
to be invested, but 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.

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(ii) No instructions or amendments to previous instructions
will be acted upon if received by telegram or money-order
telegram or telephone.

(iii) Remittances may be by bank draft, postal note, money
order, bank note, guaranteed cheque, cheque drawn on a
totalisator agency bank account, cheque drawn on a private
account, or such other instrument for payment of money as
the Board may determine from time to time. All cheques must
include appropriate exchange. Subject to any determination
of the Board as to any type of cheque or other instrument,
cheques and other instruments can be accepted only if there
is sufficient time to enable it to be cleared before the closing
time for acceptance of the investments for which the cheque
or other instrument is remitted.

(iv) If a remittance is received for an amount net to the
Board other than in complete units of investment, the person
on duty at the totalisator agency concerned may be 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.

(v) Investments will not be accepted before the publication
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.

(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 may be named the
investment shall be subject to the provisions of rule 4 (d)
relating to brackets, except that the horses shall not be deemed
to be identifiable for the purposes of rule 4 (d) (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 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) 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 instructions 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. Instructions
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. PAYMENT OF DIVIDENDS AND REFUNDS

(i) 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.

(ii) If in any case the Board is in doubt to whom or to
what address any dividend or refund 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.

(iii) Any investor who claims he has not received the full
dividend or refund to which he is entitled, must apply in
writing to the totalisator agency where the investment was