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New Zealand law explained for everyone

Racing Industry Act 2020

Racing - Racing New Zealand, racing codes, and racing clubs - Racing clubs

21: Restriction on dealing with racing venue

You could also call this:

“You need permission to change or sell your racing club's land”

If you are part of a racing club, you need to know about some rules for your racing venue. Your club must get written permission from your racing code before you can do certain things with the land where your racing venue is. These things include:

  • Giving or selling the land to someone else
  • Renting out the land, using it as security for a loan, or doing other business deals with it
  • Making changes to any existing agreements about the land

Your racing code can say yes to these things in general or for specific cases. They can also set conditions when they say yes.

The Governor-General, who is an important person in the government, can decide when these rules will stop applying to racing clubs. They do this by making an official order after the Minister suggests it.

When the Governor-General makes this order, it becomes a type of law called secondary legislation. This means it needs to be published in a special way so everyone can see it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS292056.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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20: No pecuniary interest in club property, or

"Members can't make money from racing club property"

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22: Restriction on dealing must be recorded on record of title, or

"Special rule for land with racing venues must be written on official records"

Part 2 Racing
Racing New Zealand, racing codes, and racing clubs: Racing clubs

21Restriction on dealing with racing venue

  1. Despite any provision to the contrary in a racing club’s constitution, the racing club must obtain the written approval of the racing code with which it is registered before—

  2. transferring or vesting the fee simple estate in the land comprising a racing venue owned by the club:
    1. leasing, mortgaging, giving a security interest in, or otherwise dealing with the land that comprises a racing venue owned by the club:
      1. extending any encumbrances in respect of the land that comprises a racing venue owned by the club.

        1. A racing code may grant approval under subsection (1) generally or specifically and subject to any conditions that the code thinks fit.

        2. The Governor-General may, by Order in Council made on the recommendation of the Minister, specify the date on which the restriction set out in subsection (1) ceases to apply to racing clubs registered with the relevant racing code.

        3. An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

        Notes
        • Section 21(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).