Pursuant to section 29 or section 34 of the Racing Act 2003, New Zealand Thoroughbred Racing Incorporated (NZTR) has made the following changes to the Rules of Racing which came into effect on 15 April 2016.
Industry consultation has taken place on these proposed amendments and NZTR’s Integrity Committee has sought the views of the Judicial Control Authority (JCA) and the New Zealand Racing Board Dates Committee (NZRB). The NZRB, the JCA and the NZTR Board have approved these amendments.
Deleted words are struck out and added words are in red and underlined.
These amendments to the Rules of Racing are as follows:
1. Rule 104 – Definition of Highweight Race
This amendment enables the holder of a Class D licence only to compete in highweight races irrespective of whether they have competed in a jumping race since 1 January of the prior year.
104 In these Rules, unless the context requires otherwise:
Highweight Race means any set weight Highweight Race or handicap Highweight Race in which only Riders who hold a Class D rider’s licence and who may ride. Riders who hold a Class A or Class B licence in addition to a Class D licence may only compete in these races if, in the period from 1 January in the previous year, they have had at least one ride in a Steeplechase Race or Hurdle Race may ride.
2. New Rules 326(7), 332(4) and 810 – Trainers and Riders
These additions to the Rules enable NZTR to deduct race day fines incurred by a Trainer or Rider directly from their race day settlement fund paid out by NZTR.
326(7) NZTR may deduct from any payment required to be made to a Trainer under Rule 326(4):
(a) any penalty or fine imposed on the Trainer by the Judicial Committee officiating at the Race Meeting in respect of which the payment is being made; and
(b) any other amount payable by the Trainer under these Rules or to NZTR or a Club in connection with any of its activities or operations if, and to the extent, that any such amount is outstanding.
332(4) NZTR may deduct from any payment required to be made to a Rider or Apprentice Jockey under this Rule 332:
(a) any penalty or fine imposed on the Rider or Apprentice Jockey by the Judicial Committee officiating at the Race Meeting in respect of which the payment is being made; and
(b) any other amount payable by the Rider or Apprentice Jockey under these Rules or to NZTR or a Club in connection with any of its activities or operations if, and to the extent, that any such amount is outstanding.
810 A person who, or other body or entity which, is fined or ordered to pay costs under these Rules shall pay that fine or costs to NZTR within 28 days of the fine or costs being imposed or, in the case of an appeal, within 28 days of a decision of the Appeals Tribunal upholding that fine or costs or imposing any other fine or costs if and to the extent that any such fine or costs have not been paid by deduction pursuant to Rules 326(7) and 332(4).
3. Rule 632 – At The Start
This addition to the Rules enables the Judicial Committee to declare a horse or horses non-starters in the event that the early opening of gates advantages one or more runners. The current Rule requires the Judicial Committee to declare any race in which a horse or horses were advantaged void because there is no mechanism to declare the offending horses non-starters.
632(1) If, in the opinion of the Judicial Committee, a horse which does not finish in the first three placings was prevented from taking an effective part in a Race owing to the mechanical failure of starting stalls, or is denied a fair start and such occurrence materially prejudiced the chances of that horse (but not where the horse is slow away by its own accord), the Judicial Committee may declare such horse to be a non-starter.
(2) If, in the opinion of the Judicial Committee, any horse gained an unfair advantage by its barrier stall malfunctioning and opening, or being forced, by such horse, open prior to the starter effecting a start, such horse may be declared a non-starter.
4. Rule 804(5) – Prohibited Substance Offences
This amendment makes it an offence to administer, attempt to administer or cause to be administered any substance that meets the definition within the Rules of an “alkalinising agent”. “Clear Day” means a 24-hour period from 12.01am to 12.00 midnight.
804(5)(a) 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.
(b) A person must not administer an alkalinising agent, in any manner, to a horse which is engaged to run in any Race, trial or jump-out:
(i) at any time on the day of the scheduled Race, trial or jump-out and prior to the start of such event; and
(ii) at any time during the one Clear Day prior to 12.01am on the day of the scheduled Race, official trial, or jump-out.