6 OCTOBER 2005

NEW ZEALAND GAZETTE, No. 172

4329

General Section

New Zealand Thoroughbred Racing Incorporated

Racing Act 2003

Amendment to the New Zealand Rules of Racing

Pursuant to sections 29 to 34 of the Racing Act 2003, notice is given that the following New Zealand Rules of Racing have been amended:

“403 (9) The separate rules made, pursuant to section 34 of the Racing Act 2003, to control or prohibit the admission of persons to racecourses are set out at the Ninth Schedule and form part of these rules.”

“Ninth Schedule
(Rule 403 (9))

1. Interpretation—In this Schedule:
   (a) racecourse, racing rules, racing code and racing betting each has the same meaning ascribed to it in section 5 of the Racing Act 2003;
   (b) bookmaker has the same meaning ascribed to it in section 4 of the Gambling Act 2003;
   (c) Exemptions Committee means a committee comprising of the chief executive or general manager of each racing code and a chairman appointed by the racing codes;
   (d) references to any Act include references to any subsequent Act consolidating or in substitution of it.

2. Prohibited persons—For the purpose of maintaining public confidence in the conduct of racing and the integrity of racing betting:
   (a) persons (other than eligible individuals under the Criminal Records (Clean Slate) Act 2004 and those persons to which 2 (b) applies) of the classes described in Category 1 are excluded absolutely from entering any racecourse to which section 34 of the Racing Act 2003 applies;
   (b) persons (other than eligible individuals under the Criminal Records (Clean Slate) Act 2004) of the classes described in Category 2 are excluded for a period of 2 years from the date of conviction from entering any racecourse to which section 34 of the Racing Act 2003 applies.

3. Exemptions—
   (a) Any person excluded under rule 2 hereof from entering a racecourse may apply in writing to the Exemptions Committee to be exempted wholly or in part from that prohibition.
   (b) The Exemptions Committee may grant an exemption in whole or in part if it is satisfied that, having regard to the exceptional circumstances of the particular individual, doing so will not compromise the maintenance of public confidence in the conduct of racing and the integrity of racing betting.

Category 1

Classes of person excluded absolutely from entering any racecourse under rule 2(a) -

Racing Disqualifications

(a) Disqualified persons under the racing rules made by racing codes;

(b) Persons who are disqualified or prohibited by racing authorities in any country outside New Zealand having reciprocal agreements with one or more of the racing codes;

Bookmaking, Betting and Racing

(c) Bookmakers and persons acting as bookmakers agents but not persons lawfully acting as bookmakers or bookmakers agents in any country outside New Zealand;

(d) Persons convicted (whether before or after the commencement of these rules) of any offence or infringement offence under the Gambling Act 2003, the Gaming Act 1908 or under Part II of the Gaming and Lotteries Act 1977;

(e) Persons convicted (whether before or after the commencement of these rules) of any offence under the Racing Act 2003 or the Racing Act 1971;

Offences

(f) Persons convicted (whether before or after the commencement of these rules) of the following offences:
(i) endangering safety under section 12 or 13 of the Summary Offences Act 1981;
(ii) possession of weapons, firearms or imitation firearms in a public place; or
(iii) any offence under the Gaming and Lotteries Act 1977 (other than Part II which relates to Bookmakers and Betting);

Crimes

(g) Persons convicted (whether before or after the commencement of these rules) of any of the following crimes or offences, or of being a party to any such crime or offence, or of conspiring or attempting to commit any such crime or offence:
(i) crimes or offences involving dishonesty, fraud, forgery, bribery, corruption or deceit;
(ii) violent crimes or offences, sexual crimes or offences; indecent acts or arson;
(iii) crimes involving importing, manufacturing, cultivation or dealing in a controlled drug (as defined in the Misuse of Drugs Act 1975);
(iv) burglary, receiving, robbery or conversion; or
(v) participation in an organised criminal group under section 98A of the Crimes Act 1961;

Overseas Convictions

(h) Persons convicted (whether before or after the commencement of these rules) in countries outside New Zealand of offences or crimes corresponding to those mentioned in paragraphs (d), (e), (f) and (g) of these rules.

Category 2

Classes of person excluded from entering any racecourse for the period referred to in Rule 2(b):

(a) Persons convicted (whether before or after the commencement of these rules) of assault except those persons whose sentence or cumulative sentence (in the case of multiple convictions) in any such case is a fine