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New Zealand law explained for everyone

Racing Industry Act 2020

Offshore betting charges and other matters - Other matters

124: Resolution of disputes

You could also call this:

“How disagreements about racing industry matters are settled by an expert”

If you and someone else disagree about certain racing industry matters and can’t sort it out yourselves, this is what happens:

The disagreement could be about the Racing Integrity Board’s budget, how TAB NZ talks to racing codes about their plans, how much money TAB NZ gives to racing codes, or important parts of business deals between TAB NZ and a racing code.

If you can’t agree, you can ask an expert to decide for you. You both choose this expert together, or if you can’t agree on who to choose, you can ask the head of a special group called the Arbitrators’ and Mediators’ Institute to pick someone.

The expert will look at what both sides have to say, but they don’t have to have a meeting about it. You need to help the expert if they ask you for information.

After thinking about everything, the expert will write down their decision. You and the other person usually have to split the cost of hiring the expert equally. But if the expert thinks one of you was being unreasonable, that person might have to pay more or all of the cost.

Once the expert makes their decision, that’s it. You have to do what they say, and you can’t try to change their decision later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS345492.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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Part 5 Offshore betting charges and other matters
Other matters

124Resolution of disputes

  1. This section applies if a dispute arises in relation to a matter specified in subsection (2) and the parties are unable, after a reasonable attempt, to resolve the matter by agreement.

  2. The matters are—

  3. the proposed budget of the Racing Integrity Board that must be approved by TAB NZ under section 46(3)(b):
    1. whether there has been adequate and appropriate consultation by TAB NZ with the racing codes on TAB NZ’s proposed statement of intent (see section 62) or proposed business plan (see section 63):
      1. the amounts to be distributed by TAB NZ among the racing codes under section 71(2)(b):
        1. the terms and conditions of any critical matter in a commercial agreement to be entered into by TAB NZ and a racing code that the parties are unable to agree on.

          1. Either or both of the parties may refer the dispute for determination by an independent expert appointed by agreement between the parties, or, failing agreement by the President of the Arbitrators’ and Mediators’ Institute of New Zealand Incorporated (or the President’s delegate) on application of either party.

          2. In making a determination, the independent expert must investigate the matter and have regard to submissions from each party but is not required to conduct a hearing.

          3. The parties must provide the independent expert with any assistance the independent expert may reasonably request.

          4. After due consideration, the independent expert must provide a written determination of the matter to the parties.

          5. The independent expert’s fees must be borne equally by the parties unless the independent expert determines that one party should bear a greater proportion or all of the fees on the ground that the party’s position has not been reasonable.

          6. The independent expert’s determination is final and binding on the parties and there is no right of appeal against the determination.