NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

value of any awards or rights) credited to the horse while trained by such Trainer and any goods and services tax applicable thereto.

(5) The sum payable (if any) by the Owner or lessee (as the case may be) to a Trainer pursuant to sub-Rule (4) of this Rule shall be deducted from the stake otherwise payable to the Owner or lessee (as the case may be) by NZTR, on behalf of a Club, at the Race Meeting at which the stake was credited and is payable by NZTR, on behalf of a Club, to such Trainer. NZTR, on behalf of a Club, shall pay such sum (less any amount which NZTR, on behalf of a Club, is legally obliged to deduct therefrom for tax) within 45 days after the conclusion of that Race Meeting except that where the sum of money or any part thereof is in doubt by reason of an inquiry held or pending, payment of the sum or such part thereof as is in doubt shall be withheld until the inquiry and any appeals have been concluded. For the purposes of this Rule an inquiry shall be deemed to be held or to be pending when any test in relation to a horse placed by the Judge in a stake-bearing place is made pursuant to any other authority in these Rules relating to the administration to a horse of any drug and in such event NZTR, on behalf of the Club, shall withhold payment of the sum in the same manner and for the same time as is provided by Rule 505(4) in respect of winnings.

(6) In the event of a payment being made by NZTR, on behalf of a Club, to a person who is not entitled to it such person shall immediately return the amount of that payment to NZTR, on behalf of the Club. Any failure to do so is a Serious Racing Offence.

(7) NZTR, on behalf of, and in the name of, the Club, shall issue any tax invoice, credit note or debit note required under the Goods and Services Tax Act 1985 and a Trainer who is a person registered under the Goods and Services Tax Act 1985 shall not issue any such tax invoice, credit note or debit note in respect of any amount payable to him pursuant to Rule 326(5) of these Rules as a result of a stake credited. NZTR, on behalf of a Club, shall be deemed to agree that a Trainer shall not issue any such tax invoice, credit note or debit note to it in respect of any such amount.

327

(1) A Trainer shall not, without the previous written consent of NZTR, employ or otherwise permit to work or to assist in any capacity in connection with the care, control or training of any horse:

(a) any person whose last application for a Trainer’s or Rider’s or Rider’s Agent Licence has been refused, or whose last licence as a Trainer or Rider or Rider’s Agent was cancelled, withdrawn or revoked;

(b) any unlicensed person;

(c) any person who is excluded from entering a Racecourse pursuant to Rules made under section 34 of the Racing Act 2003; or

(d) any person prohibited by NZTR from being employed in or about any Trainer’s Premises.

(2) NZTR may issue to any person a notice prohibiting him from being employed in or about any Trainer’s Premises and such notice shall be published by NZTR warning Trainers not to employ any such person in any capacity in or about a Trainer’s Premises.

328

A Trainer who is also a Rider shall not, in any Race in which there runs any horse trained by him, ride a horse which is not trained by him.

TRAINERS – GOODS AND SERVICES TAX

329

(1) Every Trainer who is a person registered under the Goods and Services Tax Act 1985, shall within three days after becoming so registered notify NZTR of such registration and of his Goods and Services Tax registration number.

(2) Every Trainer who, having been a person registered under the Goods and Services Tax Act 1985, ceases to be so registered shall within three days of ceasing to be so registered notify NZTR of such cessation.

RIDERS

330

(1) An Apprentice Jockey may only be engaged to ride a horse at a Race Meeting with the prior permission of his employer or his employer’s Rider’s Agent.

(2) Any dispute with reference to the engagement or engagements of a Rider to ride at a particular Race Meeting or Race Meetings shall be determined by a Judicial Committee at the request of a Stipendiary Steward or any of the parties to the dispute.