30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3443

(d) exercise any power that the Tribunal whose decision is appealed against might have exercised;

(e) where a penalty was not imposed, impose such penalty as is permitted by these Rules; and/or

(f) refer any matter back to the original Tribunal for further hearing or consideration or for rehearing.

(3) The Appeals Tribunal may order that all or any of the costs and expenses of any party to the appeal, any other person granted permission to be heard at the hearing by direction of the Chairperson of the Appeals Tribunal, NZTR and/or any employee or officer thereof, the Judicial Control Authority and the Appeals Tribunal be paid by such person or body as it thinks fit. Such amount if unpaid within 14 days after and exclusive of the date on which that amount was ordered to be paid, shall be deemed Arrears and may be placed on the Arrears List. The Appeals Tribunal 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.

(4) The Appeals Tribunal may, if it thinks fit, reserve its decision and in that case may give it at any adjourned or subsequent sitting of the Appeals Tribunal or may draw up its decision in writing and have it signed by the Chairperson.

(5) A decision of the Appeals Tribunal (whether reserved or not) shall be committed to writing and signed by the Chairperson.

(6) The Appeals Tribunal shall give notice of the written decision to the parties to the appeal, any other body or person whom the Chairperson of the Appeals Tribunal had directed was to be given notice of the hearing of the appeal, any other person or body whom the Chairperson had directed was permitted to be heard at the hearing of the appeal, NZTR and the Judicial Control Authority.

(7) A decision of an Appeals Tribunal shall be notified in the Thoroughbred Racing Monthly.

1008 If a decision of a Judicial Committee is held by an Appeals Tribunal to be invalid or void on the ground that one or more of the Judicial Committee’s members ought not to have sat as a member thereof in the determination of a matter in which he was in some manner interested, the Appeals Tribunal shall also decide whether the matter in question shall be heard and determined by the remaining members of that Judicial Committee or by those members plus a newly appointed member who shall sit in the place of the member who ought not to have sat or by a newly appointed Judicial Committee.

1009 The Appeals Tribunal may permit any party to the appeal to be out of the hearing during the whole or any part of the hearing on such terms as it thinks fit.

1010 (1) An information, penalty, decision, order, document, process or proceeding shall not be quashed, set aside or held invalid by an Appeals Tribunal by reason only of any defect, irregularity, omission or want of form unless the Appeals Tribunal is satisfied that there has been a miscarriage of justice.

(2) The decision of the Appeals Tribunal shall be final, shall bind all bodies and persons and shall not be subject to any appeal under these Rules.

1011 The filing fee deposited with the notice of appeal shall be disposed of in such manner as the Appeals Tribunal may direct and in the absence of any direction shall be forfeited to NZTR.

1012 Subject to the provisions of these Rules the Appeals Tribunal may determine its procedure as it thinks fit.

1013 Where a decision imposing a term of disqualification or suspension is stayed pending determination of an appeal and that appeal is subsequently dismissed or with leave of the Appeals Tribunal is withdrawn then, in exercising its powers under Rule 1007, the Appeals Tribunal shall impose a term of disqualification or suspension commensurate with that originally imposed or so much of it as has not been served and if, in the opinion of the Appeals Tribunal the appeal is frivolous and/or was lodged for the principal purpose of delaying the commencement of a term of disqualification or suspension, the Appeals Tribunal may increase the term of disqualification or suspension or impose a fine not exceeding $5,000 in addition to the disqualification or suspension.