✨ Appeals Tribunal Rules
NEW ZEALAND GAZETTE, No. 144
30 SEPTEMBER 2009
PART X
APPEALS TRIBUNAL AND APPEALS
APPEALS
1001 (1) An appeal may lie against any decision of the Judicial Committee except:
(a) any decision made by a Judicial Committee during the currency of a Race day or Race Meeting that a horse should or should not be disqualified or placed after another horse on account of something which happened during the running of a Race and any findings relating thereto;
(b) any decision made by the Judicial Committee to which Rule 642 of these Rules apply; or
(c) any decision of the Judicial Committee with respect to any matter of fact in connection with weighing, a start in front of the post or on the wrong course, or before the appointed time, or in connection with the running of a Race over the wrong distance.
(2) Nothing in this Rule shall prevent an appeal being brought against a decision of a Judicial Committee:
(a) disqualifying or refusing to disqualify any horse on account of or in connection with a Prohibited Substance having allegedly been administered to that horse; or
(b) a horse allegedly having been ineligible to be entered for or started in the Race concerned; or
(c) ordering that any money or other prize or trophy which has been paid or handed over in respect of a horse, which was placed in the Official Result of Placings for a Race, or was placed as a result of an amendment to the placings in accordance with these Rules following the declaration of the Official Result of Placings, and which was subsequently disqualified should be paid or returned.
(3) Subject to sub-Rule (1) hereof:
(a) Where on the determination of an information by the Judicial Committee, the Judicial Committee in its decision:
(i) finds, or does not find, a breach of these Rules proved;
(ii) makes an order or declines to make an order; or
(iii) imposes any penalty or declines to impose any penalty,
the informant or the defendant may appeal to the Appeals Tribunal against the decision, finding, order or penalty of the Judicial Committee.
(b) The appeal may be against:
(i) the findings of the Judicial Committee;
(ii) if applicable, the order for or the penalty ordered, or both; and/or
(iii) if applicable, the order or the amount of the costs ordered to be paid, or both.
(c) An appeal against a finding shall not be lodged until the Judicial Committee’s decision in respect of penalty has been given.
TIME FOR FILING APPEAL
1002 (1) A person who or body which wishes to appeal against a decision of a Judicial Committee in respect of any matter which arose on the day of the relevant Race Meeting (whether or not it was finally concluded on that day) must, not later than 4.00 pm on the third working day after and exclusive of the date on which the decision of the Judicial Committee was given in writing, file with the Appeals Tribunal a notice of appeal in the appropriate form determined by NZTR and a filing fee the amount of which shall be set, from time to time, by NZTR. The notice and the filing fee must both reach the Appeals Tribunal by that time.
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NZ Gazette 2009, No 144
✨ LLM interpretation of page content
⚖️
Rehearing of Proceedings by Judicial Committee
(continued from previous page)
⚖️ Justice & Law EnforcementJudicial Committee, Rehearing, Rules, Procedures, Appeals
⚖️ Appeals Against Judicial Committee Decisions
⚖️ Justice & Law EnforcementAppeals, Judicial Committee, Racing, Disqualification, Prohibited Substances