30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3387

CANCELLATION OF REGISTRATION OF HORSES

411 The registration of a horse, or the registration of a lease in respect of a horse may be cancelled by NZTR at any time in its absolute discretion if:

(a) a person has, or has acquired:

(i) an Ownership interest in, or an interest as lessee of, that horse which has not been notified to and registered by NZTR; or

(ii) a legal or beneficial interest in that horse or a legal or beneficial interest (directly or indirectly) in a Legal Ownership Entity which:

(A) has an Ownership interest in;

(B) has an interest as lessee of; or

(C) otherwise has a legal or beneficial interest in,

that horse without such interest having been notified to NZTR, in accordance with these Rules.

(b) an Owner, lessee, or the Racing Manager of, or any person who otherwise has a legal or beneficial interest in, the horse, or a shareholder or person who otherwise has a legal or beneficial interest (directly or indirectly) in a Legal Ownership Entity which has an Ownership interest in, or an interest as lessee of or has a legal or beneficial interest in, the horse:

(i) is a disqualified person in accordance with these Rules or the official rules of Another Racing Authority;

(ii) is named for the time being in the Arrears List or in the Thoroughbred Racing Monthly in respect of any entry in such list, or in the list of arrears or other similar list of Another Racing Authority;

(iii) who is or has been an illegal bookmaker or an illegal bookmaker’s clerk or agent;

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

(v) commits a Serious Racing Offence; and/or

(vi) is declared bankrupt (in the case of a natural person) or is being wound up or a liquidator or provisional liquidator or a receiver or statutory manager has been appointed in respect of it (in the case of a Legal Ownership Entity);

(c) any information or evidence requested by NZTR under Rule 406(d) or Rule 428, 430 has not been provided to NZTR by the time fixed by it;

(d) requested to do so by an Owner who is no longer intending to use that horse for the purpose of racing or breeding in accordance with the Rules.

412 Notification of:

(a) the cancellation of registration, or disqualification, of a horse; or

(b) the cancellation of registration of a lease of a horse,

shall be given to the Owner(s) and lessee(s) (if any), together with the reasons for such cancellation or disqualification, and be published by NZTR from time to time. NZTR may, on being satisfied in its absolute discretion that the reasons for any such cancellation no longer exist, direct that such horse or the lease of it (as the case may be) be again registered under these Rules.

413 The Owner, lessee, or Racing Manager (as applicable), of a horse must notify NZTR in writing if and as soon as any of the events set out in Rules 411(a) and (b) occur and must ensure that the relevant horse is not trained on a Racecourse or Training Facility, or entered for or started in a Race or a trial (including a jump-out or test for certification purposes), while any such event continues.

414 In any case where the registration of a horse, or the registration of a lease of a horse, has been cancelled under Rule 411 because an event described in Rule 411(b)(vi) has occurred, NZTR may, in its absolute discretion and on such conditions (if any) as it thinks fit, on the application of the liquidator, provisional liquidator, receiver, statutory manager or official assignee (as the case may be) reinstate the registration of that horse or the lease of it.