NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

(8) If NZTR approves the lease of a horse for registration, notification of registration shall be given to the Owner(s) and lessee(s) of the horse and be published in the Thoroughbred Racing Monthly.

(9) If a lessee of a horse is required to nominate a Racing Manager in accordance with Rule 422(1)(d), then the Racing Manager nominated by such lessee is the Racing Manager of that horse for the purpose of racing in place of any Racing Manager nominated by the Owner(s) of the horse.

CHANGE OF OWNER(S) OR LESSEE(S)

423 (1) Notice of any change in the legal or beneficial Ownership of a horse or in the lessees of a horse (including, for the avoidance of doubt, any change in the percentage interest held by any Owner or lessee of the horse) must be given to NZTR within seven days after any such change takes place, and before the horse is started in any Race, provided that where any such change takes place:

(a) during a Race Meeting; or

(b) within the period of seventy-two hours immediately preceding the commencement of a Race Meeting at which the horse has been accepted for a start,

such notice must be given as soon as possible to NZTR, and when so given and acknowledged by NZTR during that Race Meeting it shall be deemed, only for the purposes of such Race Meeting, to have been accepted by NZTR.

(2) The notice of a change in the Ownership of a horse or in the lessees of a horse must be submitted by the Owner(s), lessee(s) or Racing Manager (as the case may be) on the prescribed form to NZTR, with such further information as NZTR may require in its absolute discretion, and must:

(a) be accompanied by payment of the applicable fee set by NZTR, from time to time;

(b) state the full name(s) of:

(i) each person who is selling, transferring or otherwise disposing of all or any part of any interest he or it has in that horse (whether as Owner, lessee or otherwise);

(ii) each person who is acquiring any interest in that horse (whether as Owner, lessee or otherwise); and

(iii) if any person referred to in Rule 423(2)(b)(ii) is a Legal Ownership Entity, the full name of every person who:

(A) has a legal or beneficial interest in that Legal Ownership Entity (whether as a shareholder or otherwise);

(B) is a member of the board of directors or other governing body of that Legal Ownership Entity;

(c) be signed by each person:

(i) referred to in Rules 423(b)(i) and (ii) above;

(ii) named as an Owner of the horse on the register kept by NZTR in accordance with Rule 410; and

(iii) named as a lessee of the horse on the register kept by NZTR in accordance with Rule 410, where the interest being acquired is an interest as lessee in an existing registered lease,

except:

(iv) in cases of death or incapacity;

(v) where such person has been absent from New Zealand for more than one month and is unable to be located, in which event the remaining persons comprising Owner(s) or lessee(s), as applicable, agree to indemnify NZTR from and in connection with any loss, claim or damage that may arise from their failing to obtain the absent person’s signature on notice of any change in the legal or beneficial Ownership of a horse or in the lessees of a horse; or