30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3433

not furnished to its satisfaction, disqualify the horse for the Race and direct the Clerk of the Scales to refuse to weigh out any Rider for it.

907 (1) Save in the case of fraud, an information against a horse on the ground of misdescription or of any error or omission in any entry shall not be filed or received after a Race has been run.

(2) An information against a horse on the ground of:

(a) a cross or jostle or other act on the part of its Rider during the Race;

(b) its not having run the proper course;

(c) the Race having been started in front of the starting post, or before the time appointed for the start, or run on a wrong course; or

(d) any other act or thing occurring during the running of the Race or after the horses placed by the Judge have passed the post,

shall, subject to Rule 903(2)(b), be filed before the Official Result of Placings has been declared.

908 If any information against a horse in a Race is duly filed any money or other prize to which the horse would otherwise have been entitled shall, if not already paid or handed over, be withheld until such information has been determined or, by leave of the Judicial Committee, withdrawn.

909 (1) Where, before an information is duly filed, any money or other prize has been paid over the Club or NZTR on behalf of the Club, as applicable, shall not be responsible for such payment to any other person found to be entitled to such money or other prize unless it recovers the amount from a person who has been directed to refund the same, whose name in the case of failure to pay shall be placed in the Arrears List.

(2) Where any money or other prize has been paid or handed over in respect of a horse and subsequently it is determined that the horse was ineligible to be entered for or started in the Race concerned or that it be disqualified for such Race, the Tribunal making such determination as aforesaid, whether or not it imposes any penalty authorised by these Rules, may direct:

(a) that the gross stake credited to the horse or any other sum credited to the horse or paid to its Owner or lessee (as the case may be) or the Racing Manager on the Owner or lessee’s behalf and any goods and services tax paid by NZTR on behalf of the Club to the Owner or lessee (as the case may be) or the Racing Manager in respect of such stake or other prize be paid by the Owner or lessee (as the case may be) or the Racing Manager to NZTR to be held and disposed of as NZTR shall direct; and/or

(b) that such prize so handed over or the money equivalent to the value thereof at the time of such handing over be returned or paid to the Club or NZTR on its behalf, as the case may be;

and in the event of the Owner or lessee, as the case may be, (or its Racing Manager on its behalf) failing to carry out any such direction as aforesaid he shall, in addition to any other penalty which may be imposed, be deemed to be in Arrears and his name shall be placed in the Arrears List.

(3) A direction made by NZTR pursuant to this Rule shall be published by NZTR.

NOTICE OF HEARING

910 (1) Subject to sub-Rule (2) hereof a defendant shall be served with a copy of the information and shall be advised by the Registrar of the date, time and place of hearing.

(2) Where the hearing of an information is to take place during a Race Meeting, and the decision of the Judicial Committee may affect the placings of a horse, the following shall apply:

(a) where in respect of any proceedings the defendant is not present, he shall be deemed to have been served when service of the information and advice of the date, time and place of hearing is effected upon the person in apparent control of a horse named in the information; and

(b) the defendant or person upon whom service may be effected shall be deemed to have been served with a copy of the information and advised of the date, time and