NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

Substance to a horse unless that person shall have first obtained the permission of the Stipendiary Steward or Investigator to be in possession or satisfies them that such possession is for his lawful use.

(5) A person, except for a Veterinarian who is an official, shall not, during a day of racing, administer by injection, nasal gastric tube, gastric tube, ventilator or nebulizer to a horse entered in a Race on that day of racing any substance whatsoever, unless such administration occurred after the horse has raced or under the direction of a Stipendiary Steward or Investigator. For the purposes of this sub-Rule the day of racing is deemed to commence at 12.01 am and to conclude after the last Race.

(6) A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be liable to:

(a) be disqualified for a period not exceeding five years; and/or

(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

(c) a fine not exceeding $25,000.

(7) Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.

(8) If, in a proceeding in which any breach of this Rule or of Rule 801(1)(n) is alleged, it is proved that:

(a) a horse has had administered to it an article, substance or liquid; or

(b) before being administered to the horse the article, substance or liquid was contained in a bottle or other container it shall be presumed until the contrary is shown that the article, substance or liquid contained, at the time of administration, as a minimum those ingredients specified in any label which it is proved:

(i) was at the time of administration on the bottle or other container; or

(ii) was at the time of sale usually on the bottle or other container in which that article, substance or liquid was customarily sold.

Nothing in this sub-Rule (8) shall prevent a party to a proceeding calling evidence concerning:

(c) whether an article, substance, liquid or Prohibited Substance was administered to a horse;

(d) the ingredients of an article, substance, liquid or Prohibited Substance so administered; and/or

(e) ingredients additional to or different from those so specified as having been contained in an article, substance, liquid or Prohibited Substance so administered.

GENERAL PROVISIONS

805 Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the breach in these Rules, may be proved by the defendant but need not be negated in the information and, whether or not it is so negated, no proof in relation to the matter shall be required on the part of the informant.

806 At a hearing under these Rules a person shall not, without the leave of a Tribunal, adduce evidence that he was not the Owner or lessee (as the case may be), Trainer, Rider or person in charge of the horse unless, before the hearing commenced, he gave written notice to the Registrar for the Judicial Committee and the informant of his intention to raise such a defence and the details of the person who he states is or was at the material time the Owner or lessee (as the case may be), Trainer, Rider or person in charge of the horse (as the case may be). Where a hearing is to take place other than during a Race Meeting the defendant shall give such notice within two days after and exclusive of the date of service of the information.