Racing Industry Act 2020

Consequential amendments, repeal, and revocation

Schedule 2: Provisions relating to adjudicative committees and appeals tribunals

You could also call this:

“Rules about getting help and appealing decisions in horse racing”

You can’t have a lawyer represent you at a hearing that happens on the same day as a race. But if the hearing is on a different day or if it’s an appeal, you can have a lawyer.

If you’re allowed by the racing rules, you can appeal a decision to an appeals tribunal. The tribunal will hear and decide on your appeal based on those rules.

You can’t appeal decisions made on race day about which horses placed where or how much money they won. But after race day, a committee can disqualify a horse if it was given drugs, wasn’t allowed to race, or broke other rules. If this happens, the horse’s owner can appeal to a tribunal. People at these hearings have the same legal protections as in a regular court, and the people running the hearings can’t be personally sued for doing their job properly.

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Schedule 1: Transitional, savings, and related provisions, or

"Rules for changing from the old racing law to the new one"


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Schedule 3: Provisions relating to TAB NZ, or

"Rules for how TAB NZ works and what its members should do"

2Provisions relating to adjudicative committees and appeals tribunals Empowered by s 50

1Representation at hearings held on race day

  1. No person may be represented by counsel at any hearing or adjudicative process in respect of any matter that arises on any race day and that is held on that day.

  2. Subclause (1) does not apply to a hearing of an adjudicative committee that is not held on the race day on which the subject matter of the hearing arose, or to a hearing held by an appeals tribunal.

Compare
  • 2003 No 3 Schedule 3 cl 17

2Right of appeal

  1. Any person properly entitled, by or under relevant racing rules, to appeal to an appeals tribunal may do so.

  2. An appeal properly brought under the relevant racing rules must be heard and determined by an appeals tribunal in accordance with those rules.

Compare
  • 2003 No 3 Schedule 3 cl 20

3Appeals against placings and stakes

  1. No person is entitled to appeal to any appeals tribunal against any decision made on the day of a race in respect of placings in that race or stakes payable for those placings.

  2. Nothing in subclause (1) prevents an adjudicative committee, at any time after the day of any race, from disqualifying a horse for a race, and making any order the committee considers appropriate as to the alteration of the placings in the race and the stakes payable for those placings,—

  3. on a ground relating to a drug, stimulant, or depressant having been administered to the horse; or
    1. on the ground that the horse was ineligible to start in the race; or
      1. on any other ground on which, under the relevant racing rules, a horse may be disqualified for a race after it has started in the race.
        1. If an adjudicative committee decides, after the day of a race, that a horse should be disqualified for the race on any ground referred to in subclause (2), the owner of the horse may appeal against the decision to an appeals tribunal.

        Compare
        • 2003 No 3 Schedule 3 cl 21

        4Privileges and immunities

        1. Witnesses and counsel appearing before an adjudicative committee or an appeals tribunal have the same privileges and immunities that they would have in proceedings in the District Court.

        2. No member of the Racing Integrity Board or person who is a member of an adjudicative committee or an appeals tribunal is personally liable—

        3. for any liability of the Racing Integrity Board, adjudicative committee, or appeals tribunal; or
          1. for any act done or omitted to be done by the Racing Integrity Board, adjudicative committee, or appeals tribunal in good faith in the performance or intended performance of the functions, duties, or powers of the Board, adjudicative committee, or appeals tribunal.
            Compare
            • 2003 No 3 Schedule 3 cl 25