Plain language law

New Zealand law explained for everyone

Racing Industry Act 2020

Racing - Dissolution of racing clubs no longer racing

35: Appeal to High Court

You could also call this:

“You can ask a judge to check if a decision about your racing club is fair”

If you’re a racing club and you don’t agree with a decision that says you’re no longer racing, you can ask the High Court to look at the decision again. You need to do this within 20 working days after you get the written notice about the decision. If you need more time, you can ask the court for it.

Even if you ask the court to look at the decision again, the original decision stays in place unless the court says otherwise.

When the court looks at your appeal, they can do a few things:

  1. They might say the original decision was right and keep it the same.
  2. They might cancel the decision.
  3. They might change parts of the decision.
  4. They might send the decision back to the racing code and tell them to think about it again.

Remember, the racing code is the group that made the original decision about your club.

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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=LMS350740.

Topics:
Money and consumer rights > Gambling Business > Industry rules
Previous

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

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

Next

36: Racing club no longer racing may be dissolved, or

"Inactive racing clubs can be closed down by their racing code"

Part 2 Racing
Dissolution of racing clubs no longer racing

35Appeal to High Court

  1. A racing club may appeal to the High Court no later than 20 working days, or any further period that the court may allow, after receiving written notice of a determination under section 34(3) that the club is no longer racing.

  2. The determination against which an appeal is lodged remains valid pending the determination of the appeal unless the court orders otherwise.

  3. On appeal, the court may—

  4. confirm, cancel, or vary the decision; or
    1. refer the decision back to the racing code with a direction to reconsider the determination.