30 SEPTEMBER 2009 NEW ZEALAND GAZETTE, No. 144 3461

6 NZTR may waive part or all of any of the fees payable pursuant to these Regulations if it in its sole discretion shall consider the circumstances so warrant.

7 A foal is not eligible for inclusion in the New Zealand Stud Book unless it is begotten by natural service of the mare which gave birth to the foal.

8 (1) The owner of a foal foaled in New Zealand during the current Racing Year and eligible for entry in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) must obtain from a registered veterinary surgeon a brand and DNA-type identification certificate for returning a description and other particulars of the foal. Such certificate shall be in the form prescribed by NZTR from time to time.

(2) It is the duty of the owner or, in the case of a mare which is leased, lessee of a mare entered or eligible for entry in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) to ensure that branding and microchipping of that mare’s foal is carried out either at or prior to weaning with a cipher brand on the near shoulder and numerical brands on the off shoulder to represent the serial number of the foal branded and the year in which the foal was dropped. The last figure of the brands must coincide with the year of foaling. If the foal is freeze branded the size of the brands to be used must have a marking face not to exceed 6.3 mm in width; the cipher or alphabetical brand shall not be less than 25.4 mm nor more than 38.1 mm in depth and the numerical brands shall not be less than 25.4 mm nor more than 38.1 mm in depth.

(3) Every person in whose charge, care or control a mare entered or eligible for entry in the New Zealand Stud Book is at the time of foaling or any person in whose charge, care or control a foal entered or eligible for entry in the New Zealand Stud Book is after foaling and before the 31st day of July next following shall notify the particulars and description of such in a duly completed brand identification certificate not later than the 31st day of July next after the date of such foaling to NZTR, provided however that if a foal is sold during the Racing Year in which it was born the brand identification certificate in respect thereof shall be completed and forwarded to NZTR by the person who was the owner or, in the case of a dam which is leased, lessee of that foal’s dam at the time when that foal was weaned from that dam, or such owner’s or lessee’s duly authorised agent. NZTR shall not, except in what it considers exceptional circumstances, accept the brand identification certificate from the new owner of any such foal.

(4) Every person who being required so to do by these Regulations fails to furnish a brand identification certificate to NZTR by the 31st day of July next after the date of such foaling shall be liable to a late entry fee at the relevant rate specified by NZTR for every month or part of a month after the said 31st day of July.

(5) No brand identification certificate shall be accepted after the 31st day of December next after the date of the foaling.

(6) Failure on the part of any person to comply with the provisions of sub-Regulations (3) and (4) hereof or to make payment of the late entry fee due hereunder shall make the foal concerned ineligible for entry in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) or for registration under the New Zealand Rules of Racing and any application for such entry or registration shall be null and void.

(7) Notwithstanding anything contained herein, NZTR shall have power to extend the time or times provided herein and to waive any of the provisions herein if it in its sole discretion considers the circumstances so warrant.

9 (1) NZTR shall out of each annual specified fee (inclusive of GST) received by it under Regulation 4 (1) pay to the New Zealand Thoroughbred Breeders’ Association a sum to be determined by NZTR and notified to the said Association, provided that Association keeps accurately and up to date a brand register and keeps such register freely available at all times for inspection by officers of NZTR.

10 (1) Every person disposing by sale or gift of any stallion, broodmare, or filly which is or is eligible to be entered in the New Zealand Stud Book or the Register of Non Stud Book Mares (as applicable) shall notify such change of ownership as required under Rule 423 of the New Zealand Rules of Racing and, in the case of a broodmare, shall state whether or not she has a foal at foot, its colour, sex and sire and, if served during the current season, the name of the covering stallion and date of the last service.

(2) If a mare is sold with a foal at foot, a separate notice of change of ownership must be completed as to the foal.