30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3447

PART XII

ARREARS

GENERAL

1201 An Arrears List shall be kept and, from time to time, published in whole or in part by NZTR. It shall include all Arrears, within the meaning of these Rules, that have been duly notified to NZTR for that purpose. Every entry in the Arrears List shall state:

(a) the date on which such entry was made;

(b) the amount of Arrears and the body or person to whom the Arrears are owing and payable; and

(c) unless NZTR considers the circumstances do not warrant it, the name of the body or person who is in Arrears and the name of the horse (if any) in respect of which such Arrears are payable. In the case of a Legal Ownership Entity, NZTR may choose to name solely the Racing Manager.

1202 Where a Club or a person (other than NZTR, or the General Trustees, or the Trustees of the Apprentice Jockeys’ Fund) notifies NZTR of any Arrears, then that person or Club undertakes to hold harmless and keep indemnified NZTR, and any person acting under its direction (including all persons concerned in printing and publishing the Arrears List or any official publication in which the Arrears List appears) from all damages and consequences which he, it, or any such person acting under that person’s direction may sustain by reason of such notification and until such security (by approved bond or otherwise) as NZTR may require is given in respect of such undertaking.

1203 (1) From the date a person’s name appears on the Arrears List, or in any official arrears list published by Another Racing Authority:

(a) a horse in which such person has an interest, or NZTR reasonably considers to be under that person’s care, training, management, control or superintendence shall not be eligible to be entered in or start in any Race, unless NZTR approves otherwise in writing;

(b) such person shall not enter or start a horse in a Race or trial, (including a jump-out or test for certification purposes); and

(c) such person shall not enter or go upon a Racecourse or a Training Facility. Any person who acts in contravention of this paragraph (c) may be removed from such facility by NZTR and commits a Serious Racing Offence.

(2) From the date a horse’s name appears in the Arrears List it shall, during the period it is listed, be prohibited from being entered for or being started in a Race and from being taken for any purposes to a Racecourse or into any other place controlled by a Club or any consortium or other entity of which a Club is a member or in which it is a participant. Any person who acts in contravention of this sub-Rule (2) commits a Serious Racing Offence, and the horse involved shall be, in addition to any other penalty which may be imposed, disqualified for the Race.

1204 (1) Arrears entered in the Arrears List shall be payable and paid to NZTR. On receipt of full and final settlement of the Arrears, NZTR shall:

(a) if applicable, distribute the relevant amount of monies owing to the named entitled persons or bodies; and

(b) remove the entry of such Arrears, and the name of the person(s) and/or horse(s) to whom the Arrears relate, from the Arrears List.

(2) Arrears may also be removed from the Arrears List by NZTR:

(a) if it is satisfied that the person named as owing the Arrears has been placed into bankruptcy or the no asset procedure, since that person’s name was entered in the Arrears List;

(b) if directed to do so by the Board, provided that such Arrears have appeared in the Arrears List for a period of six years or more; and

(c) if requested, in writing, by the body or person to whom any Arrears entered in the Arrears List are due.