How do you find using the New Zealand Gazette? Please give your feedback by completing this survey.

Notice Type
General Section
Notice Title

Amendments to the New Zealand Rules of Racing

Pursuant to section 29 or section 34 of the Racing Act 2003, New Zealand Thoroughbred Racing Incorporated has made the following changes to the Rules of Racing which come into effect on 15 May 2015.

Industry consultation has taken place on these amendments and NZTR’s Board of Directors has sought the views of the Judicial Control Authority and the New Zealand Racing Board Dates Committee.

The Judicial Control Authority and the New Zealand Racing Board Dates Committee have approved these amendments.

Deleted words are struck out and added words are shown in red and underlined.

These amendments to the Rules of Racing are as follows:

 

PART I

APPLICATION, INTERPRETATION AND DEFINITIONS

DEFINITIONS

104

In these Rules, unless the context requires otherwise:

...

Prohibited Substance means any substance as declared in the Fourth Appendix to these Rules Prohibited Substance Regulations.

Prohibited Substance Regulations means the regulations made by NZTR containing prohibited substances.

...

Rules means these Rules of Racing, being the rules made by NZTR for the purposes of section 29 of the Racing Act 2003, including any amendments to the Rules made under section 29 30 of the Racing Act 2003 and any regulations, directions, policies, guidelines and practices made under Rule 106.

 

REGULATIONS AND OTHER ADMINISTRATIVE MATTERS

106

NZTR may make or issue the following under these Rules:

(a) regulations;

(b) directives;

(c) policies;

(d) guidelines;

(e) practices,

all of which must be followed by those bound by the Rules and form part of these Rules.

 

PART VIII

SERIOUS RACING OFFENCES, BREACHES AND GENERAL PROVISIONS

SERIOUS RACING OFFENCES

801

(1) A person commits a Serious Racing Offence within the meaning of these Rules who:

...

(n)

(i) administers, causes or permits to be administered or who attempts to administer or to cause to be administered or who permits a person to administer or cause to be administered to a horse for the purpose of affecting the speed, stamina, courage or conduct, a Prohibited Substance of the type set out in as defined in paragraphs 1 to 4 of the Fourth Appendix to these Rules Part A of the Prohibited Substance Regulations;

(ii) acquires, administers, causes or permits to be administered or who attempts to acquire, administer or to cause to be administered or who permits a person to acquire, administer or cause to be administered to a horse a Prohibited Substance of the type set out in as defined in paragraph 6 of the Fourth Appendix to these Rules Part B of the Prohibited Substance Regulations;

 

BREACHES OF THE RULES

802

(1) A person commits a breach of these Rules who:

(a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules;

(b) commits a Serious Racing Offence;

(c) is an accessory after the fact to a breach of these Rules;

(d) conspires with a person to commit a breach of these Rules;

(e) attempts to commit, or does or omits to do an act in an attempt to commit, a breach of these Rules;

(f) does or omits to do an act for the purpose of aiding a person or horse to commit a breach of these Rules;

(g) abets any person in the commission of a breach of these Rules; and/or

(h) incites, counsels or procures a person to commit a breach of these Rules.

(2) A horse commits a breach of these Rules which contravenes or does not comply with any provision of these Rules or any Regulations made thereunder or any policy, notice, direction, instruction, restriction, requirement or condition given, made or imposed under these Rules.

(3) A person who, having an intent to commit a breach of these Rules, does or omits to do an act for the purpose of accomplishing his object is guilty of an attempt to commit a breach of these Rules intended, whether in the circumstances it was possible to commit a breach of these Rules or not.

(4) A person is an accessory after the fact to a breach of these Rules who, knowing a person to have been a party to or to have committed a breach of these Rules, receives, comforts or assists that person or tampers with or actively suppresses any evidence against him in order to enable him to avoid prosecution under these Rules.

 

GENERAL PENALTIES
...

803

(6) For the avoidance of doubt, a breach relating to the Prohibited Substance Regulations shall be dealt with under Rule 801 and/or Rule 804 and not this Rule 803.

PROHIBITED SUBSTANCE OFFENCES

804

(1) A horse which has been brought to a Racecourse or similar racing facility and which is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance of the type set out in any part of the Fourth Appendix to these Rules shall be, in addition to any other penalty which may be imposed, disqualified for any Race or trial to which the Third Appendix hereto applies in which it has started on that day.

(2) When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance of the type set out in as defined in paragraphs 1 to 4 Part A of the Fourth Appendix to these Rules Prohibited Substance Regulations, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules unless he satisfies the Tribunal that he had taken all proper precautions to prevent the administration or presence of such Prohibited Substance.

(3) The Trainer and any other person who in the opinion of a Tribunal conducting an inquiry was in charge of a horse, which was or was to be brought to a Racecourse or similar racing facility for the purpose of engaging in any Race or trial to which the Third Appendix hereto applies, commits a breach of these Rules if such Tribunal conducting an inquiry finds that the result of analysis of any test or sample taken from the horse after the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the day on which the horse was to Race or trial discloses a level of article, substance or liquid equal to or greater than any such level which is specifically as is set by NZTR and published in the Thoroughbred Racing Monthly from time to time contained in the Prohibited Substance Regulations.

(4) A person shall not have in his or her possession on a Racecourse or similar racing facility, where a Race Meeting is being conducted or trials to which the Third Appendix hereto applies, a Prohibited Substance, syringe, needle, device or other instrument which could be used to administer a Prohibited Substance to a horse unless that person shall have first obtained the permission of the Stipendiary Steward or Investigator to be in possession or satisfies them that such possession is for his lawful use.

(5) A person, except for a Veterinarian who is an official, shall not, during a day of racing, administer by injection, nasal gastric tube, gastric tube, ventilator or nebulizer to a horse entered in a Race, or trial to which the Third Appendix hereto applies, on that day of racing any substance whatsoever, unless such administration occurred after the horse has raced or under the direction of a Stipendiary Steward or Investigator. For the purposes of this sub-Rule the day of racing is deemed to commence at 12.01am and to conclude after the last Race.

(6) A Trainer of a horse commits a breach of these Rules if the Tribunal conducting an inquiry finds that the horse has had administered to it or has had present in its metabolism a Prohibited Substance of the type set out in paragraph 6 or as defined in Part B of the Fourth Appendix to these Rules Prohibited Substance Regulations.

(7) A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be liable to:

(a) be disqualified for a period not exceeding five years; and/or

(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

(c) a fine not exceeding $25,000.

(8) Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.

(9) (a) If a Stipendiary Steward is satisfied following the outcome or analysis of the exercise of any powers in Rules 208(c) that a horse has had administered to it or has had present in its metabolism a Prohibited Substance of the type set out in as defined in paragraph 6 of the Fourth Appendix to these Rules Part B of the Prohibited Substance Regulations, then the Stipendiary Steward may declare the horse ineligible to start in any Race or trial to which the Third Appendix hereto applies for a reasonable period (taking in account the nature of the Prohibited Substance administered or which is or was present), such period to be determined by the Stipendiary Steward following consultation with a Veterinarian.; and

(b) Any horse connected with a breach of sub-Rule (6) in relation to clause 8 of Part B of the Prohibited Substance Regulations may not be trained (and is ineligible to start in any Race or trial to which the Third Appendix applies) for a period of 12 months from the date the relevant Tribunal delivers its written decision (except that if the horse is less than two years old at the time the written decision is delivered then the 12 month period shall commence on the day that horse turns two years old).

(10 9) If a Owner or lessee (as the case may be) or his Agent or the Racing Manager or the Trainer of a horse, which is declared ineligible to start in any Race or Trial to which the Third Appendix applied Race pursuant to Rule 804(9), wishes to appeal against that decision (including the decision to declare the horse ineligible and/or the period of ineligibility), he shall inform the Stipendiary Stewards of the wish and a Stipendiary Steward shall file an information with the Judicial Committee who shall consider the matter de novo.

(11 10) If, in a proceeding in which any breach of this Rule or of Rule 801(1)(n) is alleged, it is proved that:

(a) a horse has had administered to it an article, substance or liquid; or

(b) before being administered to the horse the article, substance or liquid was contained in a bottle or other container it shall be presumed until the contrary is shown that the article, substance or liquid contained, at the time of administration, as a minimum those ingredients specified in any label which it is proved:

(i) was at the time of administration on the bottle or other container; or

(ii) was at the time of sale usually on the bottle or other container in which that article, substance or liquid was customarily sold.

Nothing in this sub-Rule (11) shall prevent a party to a proceeding calling evidence concerning:

(c) whether an article, substance, liquid or Prohibited Substance was administered to a horse;

(d) the ingredients of an article, substance, liquid or Prohibited Substance so administered; and/or

(e) ingredients additional to or different from those so specified as having been contained in an article, substance, liquid or Prohibited Substance so administered.

(12) The Fourth Appendix to these Rules may be amended by NZTR’s directive made and issued by NZTR in accordance with Rule 106. Any amendment to the Fourth Appendix must be advertised in the Thoroughbred Racing Monthly before it comes into effect.

 

FOURTH APPENDIX

PROHIBITED SUBSTANCES FOR PURPOSES OF RULE 104(1)
OF THE NEW ZEALAND RULES OF RACING

The following substances are declared as Prohibited Substances for the purposes of a horse racing on Race day or at a trial to which the Third Appendix hereto applies:

1 Substances capable at any time of acting directly or indirectly on one or more of the following mammalian body systems:

    • the nervous system
    • the cardiovascular system
    • the respiratory system
    • the digestive system
    • the urinary system
    • the reproductive system
    • the musculoskeletal system
    • the blood system
    • the immune system
    • the endocrine system

2 Substances falling within the following categories of substances:

    • acidifying agents
    • adrenergic blocking agents
    • adrenergic stimulants
    • alkalinising agents
    • anabolic agents
    • analgesics
    • antiangina agents
    • antiarrhythmic agents
    • anticholinergic agents
    • anticoagulants
    • antidepressants
    • antihistamines
    • antihypertensives
    • anti-inflammatory agents
    • blood coagulants
    • bronchodilators
    • bronchospasm relaxants
    • buffering agents
    • central nervous system stimulants
    • cholinergic agents
    • corticosteroids
    • depressants
    • diuretics
    • endocrine secretions and their synthetic counterparts
    • general anaesthetics
    • haematopoietic agents
    • hormones (including trophic hormones) and their synthetic counterparts
    • hypnotics
    • local anaesthetics
    • masking agents
    • muscle relaxants
    • narcotic analgesics
    • neuromuscular agents
    • plasma volume expanders
    • respiratory stimulants
    • sedatives
    • tranquillisers
    • vasodilators

3 Metabolites, artifacts and isomers of the Prohibited Substances prescribed in paragraph 1 and 2 hereof.

4 The following when present at or below the concentrations respectively set out are excepted from the provisions of paragraphs 1, 2 and 3 hereof:

(a) alkalinising agents, when evidenced by total carbon dioxide (TCO2) at a concentration of 36.0 millimoles per litre in plasma;

(b) arsenic at a mass concentration of 0.30 milligrams per litre in urine.

(c) Dimethyl sulphoxide at a mass concentration of 15 milligrams per litre in urine or 1.0 milligrams per litre in plasma;

(d) in male horses other than geldings, 5α-estrane-3β, 17α-diol in urine (including both the free substance and that liberated from its conjugates) at a mass concentration equal to or less than that of 5(10) estrene-3β,17α-diol in urine (including both the free substance and that liberated from its conjugates);

(e) Salicylic acid at a mass concentration of 750 milligrams per litre in urine or 6.5 milligrams per litre in plasma;

(f) Hydrocortisone at a mass concentration of 1.00 milligrams per litre in urine;

(g) Testosterone (including both free testosterone and testosterone liberated from its conjugates):

(i) in geldings: at a mass concentration of 20 micrograms per litre in urine;

(ii) in fillies and mares: at a mass concentration of 55 micrograms per litre in urine;

(h) 3-Methoxytyramine (including both free 3-methoxytyramine and 3-methoxytyramine liberated from its conjugates) at a mass concentration of 4.0 milligrams per litre in urine;

(i) Boldenone – 15 microgram free and conjugated boldenone per litre in urine from male horses (other than geldings);

(j) Theobromine – 2 milligrams theobromine per litre in urine.

5 The following substances are excepted from the provisions of paragraphs 1, 2 and 3 hereof:

    • antimicrobials (antibiotics) and other antiinfective agents with the exception of procaine penicillin
    • altrenogest
    • ambroxol
    • bromhexine
    • bufotenine
    • chrondriotin sulphate
    • dembrexine
    • glucosamine
    • hordenine
    • hyaluroric acid
    • licensed vaccines against infectious agents
    • omeprazole
    • pentosan polysulphate
    • polysulphated glycosaminoglycane

6. The following substances are declared as Prohibited Substances for the purposes of these Rules for any day, including a day on which a horse is racing in a Race or trial or a day on which a horse is not racing:

    • any substance for which there is no veterinary therapeutic purpose
    • anileridine
    • etorphins
    • dipipanone
    • endorphins
    • human erythropoietin and darbepoetin alfa
    • human insulin, bovine insulin and porcine/canine insulin
    • diacetylmorphine (heroin), cocaine, cannabinoids and lysergic acid diethylamide (LSD)
    • amphetamines, including amphetamine, methylampetamine, methylenedioxyamphetamine, and methylenedioxymethamphetamine

 

PROHIBITED SUBSTANCE REGULATIONS FOR THE RULES OF RACING

Part A:

1 The following substances are prohibited substances for the purpose of a horse racing on a Race day or a trial to which the Third Appendix applies:

1.1 Substances capable at any time of causing either directly or indirectly an action or effect, or both an action or effect within one or more of the following mammalian body systems:

1.1.1 the blood system;

1.1.2 the cardiovascular system;

1.1.3 the digestive system;

1.1.4 the endocrine system;

1.1.5 the immune system;

1.1.6 the musculoskeletal system;

1.1.7 the nervous system;

1.1.8 the respiratory system;

1.1.9 the reproductive system;

1.1.10 the urinary system.

1.2 Substances falling within the following categories of substances:

1.2.1 acidifying agents;

1.2.2 adrenergic blocking agents;

1.2.3 adrenergic stimulants;

1.2.4 agents affecting calcium and bone metabolism;

1.2.5 alcohols;

1.2.6 alkalinising agents;

1.2.7 anabolic agents other than as defined in paragraph 8 of Part B below;

1.2.8 anaesthetic agents;

1.2.9 analgesics;

1.2.10 antiangina agents;

1.2.11 antianxiety agents;

1.2.12 antiarrhythmic agents;

1.2.13 anticholinergic agents;

1.2.14 anticoagulants;

1.2.15 anticonvulsants;

1.2.16 antidepressants;

1.2.17 antiemetics;

1.2.18 antifibrinolytic agents;

1.2.19 antihistamines;

1.2.20 antihypertensive agents;

1.2.21 anti-inflammatory agents;

1.2.22 antinauseants;

1.2.23 antineoplastic agents;

1.2.24 antipsychotic agents;

1.2.25 antipyretics;

1.2.26 antirheumatoid agents;

1.2.27 antispasmodic agents;

1.2.28 antithrombotic agents;

1.2.29 antitussive agents;

1.2.30 blood coagulants;

1.2.31 bronchodilators;

1.2.32 bronchospasm relaxants;

1.2.33 buffering agents;

1.2.34 central nervous system stimulants;

1.2.35 cholinergic agents;

1.2.36 cobalt;

1.2.37 corticosteroids;

1.2.38 cytotoxic agents;

1.2.39 depressants;

1.2.40 diuretics;

1.2.41 endocrine secretions and their synthetic counterparts;

1.2.42 erectile dysfunction agents;

1.2.43 fibrinolytic agents;

1.2.44 haematopoietic agents;

1.2.45 haemostatic agents;

1.2.46 hormones (including trophic hormones) and their synthetic counterparts;

1.2.47 hypnotics;

1.2.48 hypoglycaemic agents;

1.2.49 hypolipidaemic agents;

1.2.50 immunomodifiers;

1.2.51 masking agents;

1.2.52 muscle relaxants;

1.2.53 narcotic analgesics;

1.2.54 neuromuscular agents;

1.2.55 oxygen carriers;

1.2.56 plasma volume expanders;

1.2.57 respiratory stimulants;

1.2.58 sedatives;

1.2.59 stimulants;

1.2.60 sympathomimetic amines;

1.2.61 tranquillisers;

1.2.62 vasodilators;

1.2.63 vasopressor agents.

1.3 The metabolites, artefacts, isomers and analogues of the prohibited substances prescribed in paragraphs 1.1 and 1.2.

 

2 The following substances and their metabolites and artefacts are excluded from paragraphs 1.1 to 1.3:

2.1 antimicrobials (antibiotics) and other anti-infective agents with the exception of procaine penicillin;

2.2 antiparasitics that are ACVM registered for use in horses;

2.3 altrenogest when administered to mares and fillies;

2.4 ambroxol;

2.5 bromhexine;

2.6 chondroitin sulphate;

2.7 dembrexine;

2.8 glucosamine;

2.9 hyaluronic acid;

2.10 licensed vaccines against infectious agents that are ACVM registered for use in horses;

2.11 omeprazole;

2.12 polysulphated glycosaminoglycan;

2.13 pentosan polysulphate;

2.14 ranitidine.

 

3 The following substances are excluded from paragraphs 1.1 to 1.3 when present at or below the following thresholds:

3.1 alkalinising agents, when evidenced by total carbon dioxide (TCO2) at a concentration of 36.0 millimoles per litre in plasma;

3.2 arsenic at a mass concentration of 0.30 milligrams of total arsenic per litre in urine;

3.3 boldenone in urine of male horses other than geldings (including free boldenone and boldenone liberated from its conjugates) at a mass concentration of 15.0 micrograms per litre of urine;

3.4 cobalt at a mass concentration of 0.20 milligrams per litre in urine;

3.5 dimethyl sulphoxide at a mass concentration of 15 milligrams per litre in urine, or 1.0 milligrams per litre in plasma;

3.6 5α-estrene-3β,17α-diol in (including both the free substance and that liberated from its conjugates) in male horses other than geldings at a mass concentration:

3.6.1 of 45.0 micrograms per litre of urine; or

3.6.2 at a mass concentration less than that of 5(10)estrene-3β,17α-diol in urine (including both the free substance and that liberated from its conjugates);

3.7 hydrocortisone at a mass concentration of 1.00 milligrams per litre in urine;

3.8 3-methoxytyramine (including free 3-methoxytyramine and 3-methoxytyramine liberated from its conjugates) at a mass concentration of 4.0 milligrams per litre of urine;

3.9 salicyclic acid at a mass concentration of 750 milligrams per litre in urine, or 6.5 milligrams per litre in plasma;

3.10 testosterone (including both free testosterone and testosterone liberated from its conjugates):

3.10.1 at a mass concentration of 20.0 micrograms per litre in urine in geldings;

3.10.2 at a mass concentration of 55.0 micrograms per litre in urine in fillies and mares;

3.10.3 in fillies and mares that have been notified as pregnant at any concentration.

3.11 theobromine at a mass concentration of 2.0 milligrams per litre in urine.

 

4 The following therapeutic substances are excluded from paragraphs 1.1 to 1.3 when present at or below the following limits (including both the free substance and that substance liberated from any conjugates):

4.1 Diclofenac at a mass concentration of 50.0 micrograms per litre in urine.

4.2 Flunixin at a mass concentration of 100.0 micrograms per litre in urine.

4.3 Ketoprofen at a mass concentration of 100.0 micrograms per litre in urine.

4.4 Meloxicam at a mass concentration of 10.0 micrograms per litre in urine.

4.5 Naproxen at a mass concentration of 250.0 micrograms per litre in urine.

4.6 Phenylbutazone at a mass concentration of 100.0 micrograms per litre in urine.

4.7 Carprofen at a mass concentration of 100.0 micrograms per litre in urine.

4.8 Furosemide at a mass concentration of 50.0 micrograms per litre in urine.

 

Part B:

5 The following substances are declared as Prohibited Substances for the purposes of these Rules for any day, including a day on which a horse is racing in a Race or trial to which the Third Appendix applies or a day on which a horse is not racing:

5.1 any substance for which there is no generally accepted equine veterinary therapeutic purpose;

5.2 any substance defined as a controlled drug by the Misuse of Drugs Act 1975;

5.3 agents modifying myostatin function, including but not limited to myostatin inhibitors;

5.4 AMPK activators, including but not limited to AICAR (5-amino-1-β-D-ribofuranosyl-imidazole-4-carboxamide);

5.5 aromatase inhibitors;

5.6 beta-2 agonists, unless the substance is prescribed by a veterinarian as a bronchodilator and administered at the dose rate and frequency prescribed;

5.7 cannabinoids;

5.8 endorphins;

5.9 erythropoiesis-stimulating agents, including but not limited to erythropoietin (EPO), epoetin alfa, epoetin beta, darbepoetin alfa, and methoxy polyethylene glycol-epoetin beta (Mircera);

5.10 growth hormones and growth hormone releasing factors;

5.11 hypoxia inducible factor (HIF)-1 stabilisers, including but not limited to ITPP (myo-inositol trispyrophosphate);

5.12 insulin-like growth factor-1 (IGF-1) and other growth factors;

5.13 insulins;

5.14 agents that directly or indirectly affect or manipulate gene expression;

5.15 oxygen carriers including but not limited to perfluorochemicals, efaproxiral, and modified haemoglobin products;

5.16 peroxisome proliferator activated receptor δ (PPARδ) agonists, including but not limited to GW 1516;

5.17 selective androgen receptor modulators (SARMS);

5.18 selective estrogen receptor modulators (SERMS) and other anti-estrogenic substances;

5.19 selective opiate receptor modulators (SORMS);

5.20 synthetic proteins and peptides and synthetic analogues of endogenous proteins and peptides not registered for medical or veterinary use;

5.21 thymosin beta;

5.22 venoms of any species or derivatives thereof;

5.23 the metabolites, artefacts, isomers and analogues of the prohibited substances prescribed in paragraph 5.

 

6 The following substances, when prescribed by a veterinarian for and used for therapeutic use and their metabolites and artefacts, are excluded from paragraph 5:

6.1 butorphanol;

6.2 codiene;

6.3 3-(2-dimethylaminoethyl)-4-hydroxyindole;

6.4 N,N-dimethyltryptamine;

6.5 fentanyl;

6.6 ketamine;

6.7 methadone;

6.8 morphine;

6.9 pethidine;

6.10 pholcodine;

6.11 platelet rich plasma (PRP) and interleukin 1 receptor antagonist protein (IRAP);

6.12 secoborbital.

 

7 The following substances and their metabolites and artefacts are excluded from paragraph 1 and 5 when present in urine or plasma as a result of normal feeding:

7.1 bufotenine;

7.2 hordenine.

 

8 In addition to the prohibitions at paragraph 5, for the purposes of these Rules, the following substances are declared as Prohibited Substances for any day, including a day on which a horse is racing in a trial to which the Third Appendix applies or a day on which a horse is not racing:

8.1 Any anabolic androgenic steroid (other than an anabolic androgenic steroid which is present at or below the relevant concentrations set out in paragraphs 3.3, 3.6 and 3.10 above).

 

DEFINITIONS:

9 In these regulations:

9.1 ACVM registered means any animal compound registered under the Agricultural Compounds and Veterinary Medicines Act 1997 for use in horses;

9.2 Total carbon dioxide (TCO2) means the total carbon dioxide released upon sample acidification as measured by ion-selective electrode.