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Racing Industry Act 2020

Racing - Transfer of assets and surplus venues - Transfer of surplus venues

28: Minister must have regard to certain matters before recommending order under section 27

You could also call this:

“Minister must think about important things before deciding on a racing place”

Before the Minister can recommend an order under section 27, they need to think about some important things. You need to look at two main areas and follow some rules in sections 29 to 31.

The first area to think about is why this law was made. The Minister needs to consider if it’s a good idea for the people involved to try talking again about giving away the extra racing place.

If talking again isn’t a good idea, the Minister has to decide if there’s anything special about how the community uses the extra racing place. This might mean the place doesn’t have to be given away. To make this decision, the Minister needs to think about many things:

How far the place is from a big town or city. How not giving away the place might affect the reasons for this law. How much the local community and the racing group have done for the place. What the racing group wants to do with the place if they get it. What not-for-profit activities the racing club and community want to use the place for if it’s not given away. If local Māori or other community groups have any special connection to the place. If the place is or was used for training. Who owns the buildings at the place and how much they’re worth. If racing clubs that don’t own the place use it. Any ideas the community has for using the place in the future. If it’s right to pay money if the place is given away. Anything else the Minister thinks is important.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS351606.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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27: Transfer of surplus venues by Order in Council, or

"The Governor-General can step in to move unused racetracks to new owners when people can't agree"

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29: Minister must not recommend order under section 27 if special circumstances exist, or

"Minister can't suggest closing a racing venue if it's important to the community"

Part 2 Racing
Transfer of assets and surplus venues: Transfer of surplus venues

28Minister must have regard to certain matters before recommending order under section 27

  1. In determining whether to recommend the making of an order under section 27, the Minister must—

  2. have regard to the matters specified in subsection (2), and as applicable, the matters specified in subsection (3); and
    1. comply with sections 29 to 31.

      1. The matters are—

      2. the purposes of this Act as set out in section 3(a)(ii) and (iv); and
        1. whether it is appropriate in the circumstances for the parties to resume negotiations for the transfer of the surplus venue by agreement.

          1. If it is not appropriate for negotiations to be resumed for the transfer of the surplus venue by agreement, the Minister must decide whether there are special circumstances regarding the use, or potential use, of the surplus venue by the community in which the surplus venue is located that justify exempting the surplus venue from the application of section 27 and for the purpose of making that decision the Minister must take into account the following:

          2. the distance of the surplus venue from the nearest major centre; and
            1. the impact (if any) on the purposes of this Act as set out in section 3(a)(ii) and (iv) if the surplus venue is not transferred to the code; and
              1. the relative contributions made to the surplus venue by the community in the area in which the venue is located and the racing code; and
                1. how the racing code intends to use the surplus venue if it were transferred to the code, including—
                  1. the retained venue or venues that the code intends to refurbish with the proceeds from the sale of the surplus venue and whether those venues are in the same region of New Zealand as the surplus venue; and
                    1. any other purpose to which the surplus venue is proposed to be used; and
                    2. the not-for-profit purposes (for example, sporting, equestrian, or other community purposes) that the racing club and community in the area in which the venue is located intends to use (or continue to use) the surplus venue for if it is not transferred to the racing code, having regard to the other needs of that community; and
                      1. the legal or beneficial interests of iwi or other members of the wider community (if any) in the surplus venue; and
                        1. whether the surplus venue is, or has been, used as a training facility; and
                          1. the ownership and value of any buildings or facilities situated on or at the surplus venue and the likely cost of their removal (as applicable); and
                            1. whether the surplus venue is used by racing clubs that do not have a proprietary interest in the surplus venue; and
                              1. any proposals put forward by the wider community for the future use of the surplus venue; and
                                1. the appropriateness of a payment under section 27(4)(d)(i) or (ii) if the surplus venue is transferred to the racing code under that section; and
                                  1. any other matters that the Minister considers relevant in the particular circumstances of the case.