3444 NEW ZEALAND GAZETTE, No. 144 30 SEPTEMBER 2009

1014 (1) The Appeals Tribunal, of its own motion or on the application of any party to any appeal, shall have the power to require (by way of summons signed by the Chairperson or other member thereof) any person to appear before it to answer any question put to that person and to produce to it any papers, documents, records or things referred to in such summons.

(2) A person bound by these Rules commits a Serious Racing Offence who after being summonsed to attend to give evidence before an Appeals Tribunal or to produce to an Appeals Tribunal any papers, documents, records or things, without sufficient cause (the onus of proving which shall be on him):

(a) fails to attend in accordance with the summons;

(b) refuses to be sworn or to give evidence or, having been sworn, refuses to answer any questions that the person is lawfully required by the Judicial Committee or any member of it to answer concerning the proceeding; or

(c) fails to produce any such paper, document, record or thing.

(3) A party to an appeal shall be entitled to be present at the hearing of the appeal unless he so unreasonably interrupts the hearing as to render its continuance in his presence impractical or absents himself without leave of the Appeals Tribunal or the Appeals Tribunal believes there is good reason to continue the proceeding in his absence in which case the hearing may continue in his absence.

1015 (1) Notwithstanding anything to the contrary in these Rules expressed or implied, but subject to sub-Rule (2) of this Rule, a person who has been disqualified for at least 12 months, or who owns a horse which has been disqualified other than for a Race, may apply in writing to the Appeals Tribunal for a cancellation of the remainder of the disqualification, provided that such application may not be filed in respect of the disqualification:

(a) of such person prior to the expiry of the 12 month period commencing on the date such disqualification was imposed, or in the event such disqualification was for life the expiry of the five year period commencing on such date; or

(b) of such horse prior to the expiry of the three month period commencing on the date such disqualification was imposed.

(2) If an application made pursuant to sub-Rule (1) of this Rule is dismissed the applicant may not make any further application until at least 12 months have elapsed since the date on which the first-mentioned application was dismissed.

(3) The Appeals Tribunal or its Chairperson may direct that any application under sub-Rule (1) of this Rule should be served on such body or person as it or he shall specify and every such body or person on which a copy of the application is served shall be entitled to appear and be heard on the hearing of the application.

(4) The Appeals Tribunal may order that all or any of the costs and expenses of any party to an application under sub-Rule (1) of this Rule, any person or body on whom the application was directed by the Appeals Tribunal or its Chairperson to be served, NZTR or any Official or employee thereof, the Judicial Control Authority and the Appeals Tribunal be paid by the applicant and within 14 days after and exclusive of the date on which that amount was ordered to be paid, may fix an amount by way of such costs and expenses. Such amount if unpaid shall be deemed Arrears and may be placed on the Arrears List.