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Racing Industry Act 2020

Racing - Dissolution of racing clubs no longer racing

34: Racing code may determine that racing club is no longer racing

You could also call this:

“Racing group can say a club isn't racing anymore if it hasn't had races in a while”

A racing code can decide if a racing club is no longer racing. This can happen if the club hasn’t held any races in the last two years, or if the club has told the code it won’t be racing anymore, or if it’s not registered with the code anymore.

Before making this decision, the racing code needs to tell the club what they’re thinking of doing and why. They have to give the club at least 40 working days to respond. The code must listen to what the club has to say about it.

After that, the racing code makes a final decision and tells the club in writing. They have to explain why they made that decision.

However, a racing code can’t make this decision if the racing club’s venue is being talked about for sale or transfer to another group. This is to make sure everything is fair and proper.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS350735.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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Part 2 Racing
Dissolution of racing clubs no longer racing

34Racing code may determine that racing club is no longer racing

  1. Subject to subsection (4), a racing code may make a determination that a racing club registered or previously registered with the code is no longer racing for the purposes of this Act if—

  2. the racing club has not promoted, conducted, or controlled any race meetings at its own or another racing venue in the previous 2 racing years; or
    1. for a racing club that has promoted, conducted, or controlled race meetings in the previous 2 racing years, the club—
      1. has notified the code in writing that it does not intend to conduct racing at its own or another racing venue in the future; or
        1. is no longer registered with the racing code.

        2. Before making a determination under subsection (1), the racing code must—

        3. give the racing club written notice of its preliminary determination that the club is no longer racing, including the reasons for the determination; and
          1. give the racing club at least 40 working days in which to respond to the preliminary determination; and
            1. consider any submissions made by the racing club in relation to the preliminary determination.

              1. After complying with subsection (2), the racing code must—

              2. make a final determination about whether the racing club is no longer racing for the purposes of this Act; and
                1. give written notice to the racing club of its final determination, including the reasons for the determination.

                  1. A racing code may not make a determination under this section in respect of a racing club whose racing venue is the subject of—

                  2. negotiations under section 26 that have not been concluded; or
                    1. a transfer proposal under section 27 that has not been determined.