1Interpretation

1. In this Part, unless the context otherwise requires,—

   Agency means the Racing Industry Transition Agency continued under section 7 of the former Act

   Agency member means a person appointed under section 11 of the former Act

   former Act means the Racing Act 2003

   Judicial Control Authority means the Judicial Control Authority established by section 37 of the former Act

   Racing Integrity Board means the Racing Integrity Board established by section 42 of this Act

   Racing Integrity Unit Limited means the company of that name incorporated on 5 November 2010 under company number 3178165 to oversee integrity in the New Zealand racing industry under the former Act.

2Racing (Harm Prevention and Minimisation) Regulations 2004

1. The Racing (Harm Prevention and Minimisation) Regulations 2004 (SR 2004/291) made under the former Act must be treated, on and after the commencement of this clause, as if they were made under section 98 and may be amended, revoked, or replaced accordingly.

3Rules made under former Act

1. This clause applies to rules made under sections 29, 34, 52, or 54 of the former Act and in force immediately before the commencement of this clause.

2. The rules continue in force on and after the commencement of this clause, with any necessary modifications, as if they were made under section 37, 40, 76, or 78 (as the case may be).

4Betting licences issued under former Act

1. This clause applies to a betting licence issued by the Agency under section 45 of the former Act and in force immediately before the commencement of this clause.

2. The betting licence continues in force on and after the commencement of this clause and must be treated as if it were issued by TAB NZ under section 68 of this Act.

5Racing judicial system continues until Racing Integrity Board established

1. Despite section 130(1),—

2. sections 36 to 41, section 68(1) and (2)(c), and Schedule 3 of the former Act (which relate to the Judicial Control Authority, judicial committees, and appeals tribunals), as they read immediately before commencement of this clause, continue to have effect until the close of day before the date on which sections 42 to 50 come into force as if those provisions had not been repealed; and
3. all references to the Racing Integrity Board in sections 37, 38, and 76 of this Act must be read (unless the context otherwise requires) as references to the Judicial Control Authority until the date on which sections 42 to 50 come into force.

6Minister may appoint establishment board for racing integrity system

1. As soon as practicable after commencement of this clause, the Minister may appoint an establishment board for the purposes of managing the orderly transition from the racing integrity system under the former Act to the racing integrity system under this Act.

2. The establishment board may consist of up to 5 members appointed by the Minister after considering nominations from each racing code and TAB NZ.

3. The functions of the establishment board are to—

4. finalise any matters relating to the establishment of the Racing Integrity Board; and
5. manage the transfer of functions, duties, powers, and any assets (as appropriate) of the Judicial Control Authority and the Racing Integrity Unit Limited to the Racing Integrity Board.

6. The establishment board is dissolved on the close of the day before the date on which sections 42 to 50 come into force.

7Transfer of employees of Judicial Control Authority and Racing Integrity Unit Limited

1. On and after the date on which sections 42 to 50 come into force, every employee of the Judicial Control Authority and Racing Integrity Unit Limited becomes an employee (a transferred employee) of the Racing Integrity Board on the same terms and conditions that applied to the person immediately before they became an employee of the Racing Integrity Board.

2. For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

3. the employment agreement of that employee is to be treated as unbroken; and
4. the employee’s period of service with the Judicial Control Authority or Racing Integrity Unit Limited, and every other period of service of that employee that is recognised by that employer as continuous service, is to be treated as a period of service with the Racing Integrity Board.

5. To avoid doubt, the employment of a transferred employee by the Racing Integrity Board does not constitute new employment for the purposes of any service-related benefits, whether legislative or otherwise.

6. A transferred employee is not entitled to receive any payment or benefit from the Judicial Control Authority or Racing Integrity Unit Limited (as the case may be) or the Racing Integrity Board on the ground that the person’s position in the Judicial Control Authority or Racing Integrity Unit Limited has ceased to exist or the person has ceased to be an employee of the Judicial Control Authority or Racing Integrity Unit Limited as a result of their transfer to the Racing Integrity Board.

7. This clause overrides—

8. Part 6A of the Employment Relations Act 2000; and
9. any employment protection provision in any relevant employment agreement.

8Transfer of rights, assets, or liabilities of TAB NZ to Racing Integrity Board

1. This clause applies if, on and after the date on which sections 42 to 50 come into force, TAB NZ transfers any of its rights, assets, or liabilities to the Racing Integrity Board.

2. If this clause applies,—

3. those rights, assets, or liabilities of TAB NZ vest in the Board; and
4. every reference to TAB NZ in any enactment (other than this Act) or in any instrument, agreement, lease, application, notice, or other document must, unless the context otherwise requires, be read as a reference to the Board.

5. Subclause (2) has effect whether or not any Act, deed, or agreement relating to any right, asset, or liability permits the vesting or requires any consent to the vesting.

6. The vesting of TAB NZ’s rights, assets, or liabilities in the Racing Integrity Board does not constitute a supply of goods and services for the purposes of the Goods and Services Tax Act 1985.

9Inspectors under former Act

1. This clause applies to a person who, immediately before the commencement of this clause, held office as an inspector under section 47 of the former Act.

2. The person continues in office on and after the commencement of this clause as if the person were appointed under section 51 of this Act.

10Racing integrity and information sharing agreements

1. On and after the commencement of this clause, a reference to the Racing Integrity Board in section 111 must be read as a reference to the Racing Integrity Unit Limited until the date on which sections 42 to 50 come into force.

11Agency abolished

1. The Agency is abolished on the commencement of this clause.

12Transfer of rights, assets, and liabilities of Agency to TAB NZ

1. This clause applies to all rights, assets, and liabilities that the Agency had immediately before the commencement of this clause.

2. On and after commencement of this clause,—

3. all rights, assets, and liabilities of the Agency vest in TAB NZ; and
4. every reference to the Agency in any enactment (other than this Act) or in any instrument, agreement, lease, application, notice, or other document must, unless the context otherwise requires, be read as a reference to TAB NZ.

5. Subclause (2) has effect whether or not any Act, deed, or agreement relating to any right, asset, or liability permits the vesting or requires any consent to the vesting.

6. The vesting of all rights, assets, and liabilities of the Agency in TAB NZ does not constitute a supply of goods and services for the purposes of the Goods and Services Tax Act 1985.

13Other consequences of abolition

1. Nothing effected or authorised by clause 12,—

2. places the Agency (or an Agency member) or any other person in breach of contract or confidence or otherwise makes them liable for a civil wrong; or
3. gives rise to a cause of action against the Agency (or an Agency member); or
4. gives rise to a right for any person to—
   1. terminate or cancel or modify a contract or an agreement; or
   2. enforce or accelerate the performance of an obligation; or
   3. require the performance of an obligation not otherwise arising for performance; or
5. places the Agency (or an Agency member) or any other person in breach of an enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or
6. releases a surety wholly or in part from any obligation; or
7. invalidates or discharges any contract.

14Final accounts and report

1. TAB NZ must perform the duties of the Agency under sections 13 and 21 of the former Act for the racing year (or part of the racing year) ending on the day before the commencement of this clause.

15Transfer of Agency employees

1. On and after the commencement of this clause, every Agency employee becomes an employee (a transferred employee) of TAB NZ on the same terms and conditions that applied to the person immediately before they became an employee of TAB NZ.

2. For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

3. the employment agreement of that employee is to be treated as unbroken; and
4. the employee’s period of service with the Agency, and every other period of service of that employee that is recognised by the Agency as continuous service, is to be treated as a period of service with TAB NZ.

5. To avoid doubt, the employment of a transferred employee by TAB NZ does not constitute new employment for the purposes of any service-related benefits, whether legislative or otherwise.

6. A transferred employee is not entitled to receive any payment or benefit from the Agency or TAB NZ on the grounds that the person’s position in the Agency has ceased to exist or the person has ceased to be an employee of the Agency as a result of their transfer to TAB NZ.

7. This clause overrides—

8. Part 6A of the Employment Relations Act 2000; and
9. any employment protection provision in any relevant employment agreement.

16Agency venues

1. This clause applies to every Agency venue established by the Agency under the former Act and in existence immediately before commencement of this clause.

2. On and after commencement of this clause, the Agency venue must be treated as if it were a TAB venue for the purposes of this Act and the provisions of this Act relating to TAB venues apply to it accordingly.

17Territorial authority consent granted under former Act

1. This clause applies to a territorial authority consent granted by a territorial authority in respect of an Agency venue under section 65C of the former Act and in force immediately before commencement of this clause.

2. The territorial authority consent continues in force on and after commencement of this clause and must be treated as if it were granted in respect of the corresponding TAB venue under section 95.

18Agency venue policies under former Act

1. This clause applies to an Agency venue policy adopted in respect of an Agency venue under section 65E of the former Act and in force immediately before commencement of this clause.

2. The policy continues in force on and after commencement of this clause and must be treated as if it were a TAB venue policy adopted in respect of the corresponding TAB venue under section 97.

19Agreements with national sporting organisation and Sport and Recreation New Zealand

1. This clause applies to an agreement entered by the Agency with a New Zealand national sporting organisation under section 55 of the former Act or with Sport and Recreation New Zealand under section 55A of that Act and in force immediately before commencement of this clause.

2. The agreement continues in force, on and after commencement of this clause, according to its terms as if it were entered into by TAB NZ.

20Existing betting information use agreements

1. In this clause, existing betting information use agreement means an agreement between the Agency and any offshore betting operator that—

2. is in force immediately before the commencement of this clause; and
3. confers rights on that betting operator or a sub-licensee of that operator to use New Zealand racing information in the conduct of its betting operations in respect of any race held in New Zealand.

4. Subpart 1 of Part 5 does not affect any existing betting information use agreement and the agreement continues in force, on and after commencement of this clause, according to its terms as if it were entered into by TAB NZ (as if it were the nominee of the relevant racing code or codes) and the offshore betting operator.

21Racing betting information use agreements negotiated by Agency

1. This clause applies to a racing betting information use agreement—

2. that was being negotiated by the Agency and an offshore betting operator before the commencement of this clause; and
3. that is entered into by TAB NZ and the offshore betting operator after the commencement of this clause; and
4. that confers rights on that offshore betting operator (or a sub-licensee of that operator) to use New Zealand racing information in the conduct of its betting operations in respect of racing held in New Zealand.

5. Subpart 1 of Part 5 does not affect the racing betting information use agreement, and the agreement continues in force according to its terms.

22Other agreements authorising use of New Zealand racing information

1. This clause applies to the following:

2. an agreement between the Agency and an entity (other than an offshore betting operator) that is in force immediately before the commencement of this clause and that confers rights on that entity (or a sub-licensee of that entity) to use New Zealand racing information:
3. an agreement that—
   1. was being negotiated by the Agency and an entity (other than an offshore betting operator) before the commencement of this clause that confers rights on that entity (or a sub-licensee of that entity) to use New Zealand racing information; and
   2. is entered into by TAB NZ and that entity after the commencement of this clause.

4. Subpart 1 of Part 5 does not affect the agreement, and the agreement continues in force according to its terms.

23Calculation of penalty payable for contravening betting information use agreement during first 12 months (Repealed)

24Agency members deemed to be interim members of governing body of TAB NZ

1. Despite clause 11, all Agency members holding office immediately before the commencement of this clause—

2. remain in office (as interim members of the governing body of TAB NZ) until all of the members of the governing body of TAB NZ have been appointed under section 55, and then go out of office; and
3. must, while paragraph (a) applies, be treated as if they were appointed under section 55.

4. An Agency member is not entitled to any compensation or other payment or benefit for the loss of office.

25Minister may exercise temporary powers in relation to TAB NZ (Repealed)

26Amounts of distribution to codes until agreement under section 71 comes into force

1. Until the date on which an agreement referred to in section 71(1) or (2)(b) comes into force, the amount to be distributed by TAB NZ among the 3 racing codes for a racing year beginning on or after the commencement of this clause must be made in accordance with subclauses (2) to (5).

2. TAB NZ, as soon as practicable after the end of a racing year, must determine the amount to be distributed among the racing codes for that year from any surpluses referred to in sections 77(2) and 82(2), or any other source whether capital or income.

3. Unless a majority of the racing codes otherwise agrees in writing, the amount referred to in subclause (2) must be not less than the total of the surpluses referred to in sections 77(2) and 82(2) for that racing year less the total amount credited to reserves for that year from those surpluses.

4. Unless a majority of the racing codes otherwise agrees in writing, the amount referred to in subclause (2) must be distributed among the racing codes in the same proportions that TAB NZ considers are the proportions to which the codes contributed to the New Zealand turnover of TAB NZ for that racing year.

5. In subclause (4), New Zealand turnover of TAB NZ means the total gross amount received by TAB NZ from racing betting placed in New Zealand on races run in New Zealand.

27Distribution from TAB NZ’s betting profits for period ending on 30 June 2020

1. For the purposes of making a distribution of the Agency’s betting profits to each of the racing codes and Sport and Recreation New Zealand for the period beginning on 1 July 2019 and ending on 30 June 2020, section 73(1) applies as if the following paragraph were inserted above paragraph (a):

   for the period beginning on 1 July 2019 and ending on 30 June 2020, 1.33% of the Agency’s betting profits:”

2. To avoid doubt, a distribution made in accordance with subclause (1) may have retrospective effect.

28Application of revenue from sports betting

1. Section 57(1)(d) of the former Act, as it read immediately before commencement of this clause, continues to apply until the date on which regulations made under section 128(1)(c) come into force.