30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3373

(c) that the horse has or may have had administered to it a Prohibited Substance;

(d) that the horse has had, or is to have, or may have had used on or in relation to it, any gear, appliance or device not previously approved by NZTR;

(e) that the horse is to race with any gear, appliance, device or equipment which is faulty or unsafe and cannot immediately be replaced by the Trainer or Rider; or

(f) that the brands and/or markings of the horse are incorrect or that the identity of the horse is not able to be established.

(2) A dispute as to the exercise or proposed exercise of a Stipendiary Steward’s or Investigator’s power pursuant to sub-Rule (1) hereof may be referred to the Judicial Committee for final determination provided:

(a) NZRB or any Authorised Wagering Operator has not been notified of the outcome of that exercise or proposed exercise of power; and

(b) it is not within ten minutes of the official start time of the Race determined by NZRB (as amended by NZTR from time to time).

210 (1) From any time at which withdrawals close for any Race Meeting and during any Race Meeting Stipendiary Stewards and Investigators have power where any horse has been entered for or has run in any Race, to order:

(a) that any person take and maintain possession of any horse at any place for such period and under such conditions as the Stipendiary Stewards or Investigators specify; and/or

(b) that the horse be examined and/or tested and/or have any sample taken therefrom (including a sample of its urine and/or blood). Any such sample ordered to be taken shall as far as practicable be taken in accordance with the swabbing instructions or other direction (if any) from NZTR in force at the time of the order.

(2) Neither a Stipendiary Steward nor an Investigator nor NZTR nor any person authorised by any of them to act under these Rules, nor any employee nor agent of any of them shall be liable for damages to the Owner or lessee (as the case may be), or Trainer of such horse or to any other person subject to these Rules at any time when the alleged cause of action arose by reason of the exercise of the powers conferred hereby or by any other Rule.

211 For the purposes of these Rules, where applicable, Stipendiary Stewards and Investigators shall be deemed to be duly authorised officers or agents of the Club and the Club Committee at every Race Meeting.

212 Stipendiary Stewards and Investigators shall have the duty and power to:

(a) exclude and/or remove from any Racecourse any person excluded or prohibited from having admission or entry thereto under these Rules or by any Rules made pursuant to section 34 of the Racing Act 2003; and

(b) take such steps as may be reasonably practicable to prevent undesirable persons from having any connection with or influence on:

(i) racing;

(ii) Race Meetings; and

(iii) any Licensed Person.

APPOINTMENT, FUNCTIONS AND DUTIES OF HANDICAPPERS

213 NZTR may appoint Handicappers.

214 The duties of a Handicapper shall be to frame the handicaps for all Races run under these Rules and to allot the weights for individual horses in accordance with any system determined by NZTR for handicapping for the time being in force (if any), having regard in the case of a particular Race to the special conditions (if any) approved for that Race.

215 A person shall not attempt to improperly influence the Handicapper in any matter of the handicapping and/or the rating of any horse, but any Owner or lessee (as the case may be) or Trainer may apply in writing to NZTR for an explanation of the handicapping by the Handicapper of any horse owned, leased, or trained by that Owner or lessee or Trainer (as applicable).