NEW ZEALAND GAZETTE, No. 144

30 SEPTEMBER 2009

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(1) Subject to any right of appeal pursuant to these Rules the decision of the Judicial Committee shall bind all bodies and persons.

(2) Every body which and person who is affected by such decision shall forthwith do all that it is necessary for it or him to do for the purpose of giving full effect to such decision.

(3) A person who or body which wilfully fails forthwith to do all that it is necessary for him or it to do for the purpose of giving full effect to a decision of a Tribunal commits a breach of these Rules and, in addition to being liable to the penalty which may be imposed for that breach under any other Rule shall, unless the Tribunal determines otherwise, be disqualified for life. Such disqualification shall be notified in the List of Disqualifications.

(4) It shall be the duty of all bodies or persons subject to these Rules to investigate and report to the Board upon all matters which a Judicial Committee indicates in its decision are proper subjects for investigation by any such body or person.

(5) Any stakes already paid or prize awarded in respect of a disqualified horse shall if directed by the Judicial Committee be repaid to NZTR, on behalf of the Club, or returned to the Club (as applicable) immediately. Where any stake has been paid or handed over, NZTR, on behalf of the Club, shall not be responsible for the payment thereof and/or the handing over of any stake or prize to the person ultimately found to be entitled thereto unless it recovers the stake or prize from the person to whom the same was paid and/or handed over.

(6) A person who fails to repay and/or return the stake shall be placed on the Arrears List for the amount unpaid and/or the value of any prize not returned. NZTR, on behalf of a Club, may commence and continue in any Court of competent jurisdiction an action for the return of the stake which has been paid or handed over to any person who is, as a result of a decision of the Judicial Committee, not entitled thereto.

POWER TO AMEND DEFECTIVE DECISIONS

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(1) If, after a breach of these Rules has been found proved, the Judicial Committee imposes a penalty or makes an order that it was not within the jurisdiction of the Judicial Committee to impose or make, or does not impose a penalty or make an order that it was required by these Rules to impose or make, then, at any time thereafter, unless an appeal in relation to the finding is pending before the Appeals Tribunal, the Judicial Committee may set aside any penalty or order imposed or made and impose a penalty and make any order that it is within the jurisdiction of the Judicial Committee or that the Judicial Committee is required by these Rules to impose or make.

(2) Except to the extent that they are amended in accordance with these Rules before a Stipendiary Steward declares the Official Result of Placings, the Judge’s placings shall, for all purposes relating to Judge’s Report and the Official Result of Placings, be deemed to be final.

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(1) Subject to sub-Rule (3) of this Rule, a Judicial Committee may rehear any proceeding already determined by a Judicial Committee if:

(a) a Judicial Committee in its decision at the original hearing:

(i) found, or did not find, a breach of these Rules proved;

(ii) made an order or declined to make an order; or

(iii) imposed any penalty and/or awarded any costs or declined to impose any penalty and/or award costs;

(b) not later than the time prescribed in sub-Rule (2) of this Rule any party to the proceeding files with the Chairperson of a Judicial Committee a written application for a rehearing; and

(c) that Judicial Committee is satisfied that a miscarriage of justice might otherwise result because of:

(i) a material mistake or omission in the conduct of the original hearing;

(ii) a material mistake or omission in the determination of the proceeding;

(iii) a material mistake or omission in the presentation of evidence and/or submissions at the original hearing; or