3436 NEW ZEALAND GAZETTE, No. 144 30 SEPTEMBER 2009

(iii) shall produce any such paper, document, record or thing.

A breach of this Rule without sufficient cause is a Serious Racing Offence.

9
(9) The informant and defendant shall be entitled to be present at the hearing of any proceeding unless either such person so unreasonably interrupts the hearing as to render its continuance in that person’s presence impractical or that person absents himself without the leave of the Judicial Committee or the Judicial Committee believes there is good reason to continue to proceed in that person’s absence in which case the hearing may continue in his absence.

(10) The Judicial Committee may permit the informant and defendant to be out of the hearing during the whole or any part of the hearing on such terms as it thinks fit.

916
(1) Subject to sub-Rules (2) and (3) of this Rule, a person shall not be represented by Counsel or a lay advocate at any hearing held by a Judicial Committee in respect of a matter which arises on a Race day and which is held on that day.

(2) When an information has been filed against a Rider holding a Class B rider’s licence or a minor, or a horse ridden by a Rider holding a Class B rider’s licence or a minor, then such Rider or minor is entitled to have his employer, parent or guardian or such other person as the Tribunal may nominate, present for the purpose of assisting and safeguarding his interests.

(3) Subject to Rule 901(3), if a Judicial Committee is conducting a hearing at a Racecourse in the course of a Race day and a defendant is unavoidably absent from the Racecourse such person as is permitted by the Judicial Committee to appear as his duly authorised representative, together with the informant, shall have the right to be present while the whole of the evidence is being given.

(4) At a hearing held by a Judicial Committee which is heard other than in the course of a Race day each person against whom and/or against whose horse an information has been filed may represent himself or be represented by Counsel or a lay advocate.

917
If a defendant wishes to raise an affirmative defence in respect of an information to be heard otherwise than on a Race day, he must give written notice of that defence to the informant and the Judicial Committee at least seven days prior to the hearing of that information.

RULINGS

918
(1) The following persons may file an information to which there is no defendant but which seeks a ruling from the Judicial Committee on a matter referred to in the information:

(a) a Stipendiary Steward;

(b) an Investigator; or

(c) any person with the leave of the Judicial Committee. Such person shall unless exempted by the Judicial Committee prior to filing an information lodge with the Judicial Committee a filing fee the amount of which shall be set from time to time by NZTR, provided that the Judicial Committee may accept in lieu of such fee a written undertaking by the informant to pay such fee within seven days.

(2) Any such information shall be served on such persons, bodies, Clubs or other entities (if any) as the Judicial Committee or the Chairperson thereof directs.

(3) In dealing with any such information the Judicial Committee shall adopt such procedure as it thinks fit.

ORDER FOR TAKING EVIDENCE OF PERSONS ABOUT TO LEAVE THE COUNTRY

919
(1) A member of the Judicial Committee may, on the application of the informant or the defendant before the hearing, make an order for the taking of the evidence of any person, if he is satisfied that the person intends to depart from New Zealand before the hearing and that it is desirable or expedient that such evidence should be so taken.

(2) The evidence shall be taken before a member of the Judicial Committee and recorded in such manner as directed by that member.

(3) Evidence taken in accordance with this Rule may be tendered at the hearing as if it were given in the course thereof.