Notice is given of the following Rules made pursuant to section 34 of the Racing Act 2003.
Rules Controlling or Prohibiting Admission to Racecourses
R u l e s
1. Title—These Rules may be cited as the Racecourse Admission Rules 2003.
2. Commencement—These Rules come into force on the day after the date of their publication in the New Zealand Gazette.
3. Interpretation—In these Rules:
(a) racecourse, racing rules, racing code and racing betting each has the same meaning ascribed to it in section 5 of the Racing Act 2003;
(b) bookmaker has the same meaning ascribed to it in section 4 of the Gambling Act 2003;
(c) exemptions committee means a committee comprising of the chief executive or general manager of each racing code and a chairman appointed by the racing codes;
(d) references to any Act include references to any subsequent Act consolidating or in substitution of it.
4. Prohibited persons—For the purpose of maintaining public confidence in the conduct of racing and the integrity of racing betting:
(a) persons (other than eligible individuals under the Criminal Records (Clean Slate Act) 2004 and those persons to which 4 (b) applies) of the classes described in Schedule 1 are excluded absolutely from entering any racecourse to which section 34 of the Racing Act 2003 applies; or
(b) persons (other than eligible individuals under the Criminal Records (Clean Slate Act) 2004 and those persons to which 2 (b) applies) of the classes described in Schedule 2 are excluded for a period of two years from the date of conviction from entering any racecourse to which section 34 of the Racing Act 2003 applies.
5. Exemptions—
(a) Any person excluded under Rule 4 hereof from entering a racecourse may apply in writing to the exemptions committee to be exempted wholly or
in part from that prohibition.
(b) The exemptions committee may grant an exemption in whole or in part if it is satisfied that there
are reasonable grounds to do so and that doing
so will not compromise the maintenance of public confidence in the conduct of racing and the integrity of racing betting.
Schedule 1
Classes of person excluded absolutely from entering any racecourse under Rule 4 (a)
Racing Disqualifications
(a) Disqualified persons under the racing rules made by racing codes;
(b) Persons who are disqualified or prohibited by racing authorities in any country outside New Zealand
having reciprocal agreements with one or more of
the racing codes;
Bookmaking, Betting and Racing
(c) Bookmakers and persons acting as bookmakers’ agents but not persons lawfully acting as bookmakers or bookmakers’ agents in any country outside New Zealand;
(d) Persons convicted (whether before or after the commencement of these Rules) of any offence or infringement offence under the Gambling Act 2003,
the Gaming Act 1908 or under Part II of the Gaming
and Lotteries Act 1977;
(e) Persons convicted (whether before or after the commencement of these Rules) of any offence under
the Racing Act 2003 or the Racing Act 1971;
Offences
(f) Persons convicted (whether before or after the commencement of these Rules) of the following offences:
(i) endangering safety under sections 12 or 13 of the Summary Offences Act 1981;
(ii) possession of weapons, firearms or imitation firearms in a public place;
(iii) any offence under the Gaming and Lotteries Act 1977 (other than Part II which relates to Bookmakers and Betting);
Crimes
(g) Persons convicted (whether before or after the commencement of these Rules) of any of the following crimes or offences or of being a party to any such crime or offence, or of conspiring or attempting to commit any such crime or offence:
(i) crimes or offences involving dishonesty, fraud, forgery, bribery, corruption or deceit;
(ii) violent crimes and offences, sexual crimes and crimes involving indecency;
(iii) burglary, receiving, robbery or conversion;
(iv) offences involving importing, manufacture, cultivation or dealing in a controlled drug
(as defined in the Misuse of Drugs Act
1975);
(v) participation in an organised criminal group under section 98A of the Crimes Act 1961;
Overseas Convictions
(h) Persons convicted (whether before or after the commencement of these Rules) in countries outside
New Zealand of offences or crimes corresponding to those mentioned in paragraphs (d), (e), (f) and (g) of these Rules.
Schedule 2
Classes of person excluded from entering any racecourse for the period referred to in Rule 4 (b)
(a) Persons convicted (whether before or after the commencement of these Rules) of assault except those persons whose sentence or cumulative sentence (in the case of multiple convictions) in any such case is a fine of less than $1,000.00 or community work of less than 100 hours and those persons on whom no sentence was imposed;
(b) Persons belonging to any one or more of the classes referred to in paragraphs (f) and (g) of Schedule 1 on whom no sentence was imposed or whose sentence:
(i) did not include a custodial sentence (as defined in section 4 of the Criminal Records (Clean Slate) Act 2004); and
(ii) did not include a fine of $1,000.00 or more or
a term of community work of 100 hours or more
or supervision.
These Rules have been approved by the Minister for Racing, Winston Peters, on 12 May 2006.
Dated at Christchurch this 18th day of May 2006.
EDWARD RENNELL, General Manager, Harness Racing New Zealand Incorporated.