NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

powers which may be exercised pursuant to the provisions of any such Code of Practice.

(4) Any charge alleging a breach of this Rule shall be prosecuted by an Investigator. The Investigator and the party charged shall each be entitled to be represented by Counsel.

(5) A Judicial Committee, in addition to or in lieu of imposing on any person who or company or other entity which commits a breach of this Rule the penalty or penalties referred to in sub-Rule (3) of this Rule, may order such person or company or other entity to pay a sum towards the costs and expenses of and incidental to the investigation of and any inquiry into such breach (including but not limited to costs incurred in carrying out an audit of the accounts or financial or other records of a syndicate).

(6) In any case where it appears to NZTR, that there is reason to suspect that in respect of a horse owned or raced by a Syndicate (as defined in such Code of Practice), or the syndication of such a horse, all the applicable provisions of such Code of Practice have not or may not have been complied with, NZTR may direct that that horse be prohibited from being entered for or started in a Race until such steps as NZTR requires have been taken or until such events as it shall specify have occurred. Every person who or company or other entity which commits a breach of this Rule shall be liable to the penalty or penalties set out in sub-Rules (3) and (5) of this Rule.

(7) Every Syndicate Promoter, Bloodstock Company, Authorised Syndicator, Amateur Authorised Syndicator, Syndicate and person (as defined in such Code of Practice) or investor in a Syndicate or Bloodstock Company who or which in any way applies to or does participate in the syndication of thoroughbred bloodstock in New Zealand by so applying or participating shall be deemed thereby to agree that in consideration of NZTR establishing a system for the syndication of thoroughbred bloodstock in New Zealand, including it in such Code Of Practice and causing it to be set forth as an Appendix to these Rules:

(a) he or it shall not have a right to and will not make any claim or commence any legal proceedings against NZTR itself or any officer or employee or agent thereof on account of or in connection with loss or expense incurred by him or it as a result of any act or omission (including any negligence) on the part of all or any thereof which is in any way directly or indirectly connected with the approval or authorisation of a Syndicator or with the syndication of thoroughbred bloodstock in New Zealand; and

(b) the provisions of this Rule may be pleaded against him or it as a complete bar to any such proceedings.

COLOURS

433 (1) All racing colours are subject to the approval of NZTR.

(2) The Owner or lessee (as the case may be), on entering a horse for a Race, may be required to confirm the racing colours to be carried, which shall be the registered racing colours of the or an Owner or lessee (as the case may be), or the Trainer, and such racing colours must be worn by the horse’s Rider, provided that at any time the Stipendiary Stewards or NZTR may direct or give permission for alternative racing colours to be worn.

(3) If two or more persons declare the same racing colours at the time of entry, the Stipendiary Stewards shall decide which person shall have the use of such racing colours and direct or authorise the other person or persons to adopt other racing colours or, in respect of two or more horses racing in the colours of the same Owner or Trainer, a different coloured skull cap.

434 (1) A register of racing colours shall be kept by NZTR.

(2) Any person who wishes to apply for the registration of his racing colours shall apply in accordance with the Racing Colours Policy on the prescribed form to NZTR. The application must be accompanied by the applicable fee set by NZTR, from time to time.

(3) Subject to this Rule, registration entitles the person registering to exclusive use of the racing colours during the period covered by such registration.

(4) Registration of racing colours may be renewed on or before the expiry of the applicable registration period (which shall be no longer than five years). If application is not made