30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3437

DECISIONS OF THE JUDICIAL COMMITTEE

920 (1) The Judicial Committee, having heard what the informant and any other party entitled to be heard has to say and the evidence adduced may find any breach alleged in the information proved or dismiss the information, either on the merits or without prejudice to its again being laid, or make such other order as it thinks fit.

(2) On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:

(a) the status of the Race;

(b) the stake payable in respect of the Race;

(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or

(d) the need to maintain integrity and public confidence in racing.

(3) The Judicial Committee may order that all or any of the costs and expenses of:

(a) any party to the hearing;

(b) any other person granted permission to be heard at the hearing by direction of the Judicial Committee;

(c) NZTR and/or any employee or officer thereof, or

(d) the Judicial Control Authority and the Judicial Committee,

be paid by such person or body as it thinks fit. Such amount if unpaid for 28 days shall be deemed Arrears and may be placed on the Arrears List. The Judicial Committee may in addition to or substitution of any other order or penalty, order that a Rider’s riding fee or any part thereof be paid to the Rider or such other person as it thinks fit or be repaid to the Owner or lessee (as the case may be).

(4) The decision of the Judicial Committee shall:

(a) be committed to writing and signed by the Chairperson;

(b) state the specific Rule or Rules under which any person or horse is penalised; and

(c) if it involves any penalty, be communicated to each person penalised and NZTR as soon as practicable and published by the Judicial Control Authority on its website, unless the Chairperson of the Judicial Committee otherwise directs.

(5) The Judicial Committee may, if it thinks fit, reserve its decision and in that case may give it at any adjourned or subsequent sitting of the Judicial Committee or may draw up its decision in writing and have it signed by the Chairperson. Nothing in this Rule shall authorise an adjournment in breach of Rule 915(2).

(6) The written decision shall be delivered in such manner as the Chairperson directs or, failing any such direction, as he thinks fit.

(7) When a Judicial Committee disqualifies a horse which started in a Race and was placed by the Judge in a stake bearing place in the Judge’s Report, or places such a horse after a horse or horses with the chances of which the first-mentioned horse interfered, it shall amend the placings of that horse and those which finished behind it and, if the stakes have not already been paid or handed over, direct that they be paid or handed over in accordance with the amended placings. If the stakes have already been paid or handed over before a horse is disqualified the position shall be governed by Rule 909 of these Rules.

(8) Subject to Rule 703, where the Official Result of Placings has not been declared for a Race and when on the determination of an information the Judicial Committee amends the placing of any horse in a stake-bearing place, the Judicial Committee shall order the Stipendiary Steward to counter-sign the Judge’s Report and declare the Official Result of Placings in accord with its decision, and that shall be deemed to be the Official Result of Placings for the purpose of Rule 703.

(9) Where any person has pursuant to Rule 903 or Rule 918 lodged a filing fee the Judicial Committee may order that such fee be returned or refunded to such person. Where the Judicial Committee refuses or fails to make such order, the filing fee lodged shall forfeit to NZTR.