NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

PART IX

JUDICIAL COMMITTEE

FUNCTIONS AND DUTIES OF JUDICIAL COMMITTEE

901

(1) A member of the Judicial Committee shall not sit as a member thereof in the determination of any matter, information or proceeding in which he is in any manner interested.

(2) The Judicial Committee may decide to hold a hearing, or any part of a hearing, in private, otherwise all hearings shall be open to the public.

(3) The Judicial Committee may, subject to the provisions of these Rules, determine the procedure and conduct of any hearing as it thinks fit.

(4) The Judicial Control Authority shall appoint one of the members of a Judicial Committee to act as the Chairperson of that Judicial Committee. In any case where the appointed Chairperson of the Judicial Committee is unable or unwilling to act in relation to a particular matter the Judicial Committee shall appoint another of its members to act as Chairperson in relation to that matter.

(5) Subject to the preceding sub-Rules of this Rule all appointed members of a Judicial Committee shall, if practicable, determine any matter, information or proceeding submitted for the determination of that Committee but one member shall constitute a quorum.

902

(1) The Judicial Committee shall have jurisdiction to hear and determine all proceedings commenced pursuant to these Rules, which are not expressly stated by any of these Rules to be within the jurisdiction of any other person or body.

(2) The functions of a Judicial Committee shall be:

(a) from the commencement of the first proceeding which it commences to deal with on any day of a Race Meeting or one hour prior to the starting time of the first Race of that day until after the conclusion of the last proceeding which it commences to deal with on that day, or thirty minutes after the last Race run on that day (whichever is the later) to:

(i) hear all matters of a judicial nature which arise during and in relation to that day of racing and are submitted to it;

(ii) determine any question as to whether that day of racing or any part thereof should be postponed, abandoned or cancelled;

(iii) declare a Race null and void and if it thinks expedient order that such Race be run again; and

(iv) exercise the powers, duties and functions conferred or imposed on Judicial Committees by these Rules and the Racing Act 2003;

(b) to consider and determine the following matters in connection with racing:

(i) all information and proceedings in relation thereto;

(ii) any matter in connection with the riding or running of a horse which has become the subject of a proceeding;

(iii) all questions of application or interpretation of these Rules which arise in the course of the hearing and determination of a proceeding;

(iv) all questions of qualification of persons or horses which so arise;

(v) all questions of liability of persons in respect of payments under these Rules which so arise;

(vi) all matters submitted to it by a Stipendiary Steward or Investigator;

(vii) any dispute concerning the exercise or proposed exercise by a Stipendiary Steward or Investigator of any of his powers, duties or functions under these Rules;

(viii) all matters submitted to it for judicial determination or for a ruling under these Rules;