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Racing Industry Act 2020

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

30: What happens if exemption from transfer to code unjustified under section 28(3)

You could also call this:

“Minister decides what to do with surplus racing venues that don't have a good reason to keep”

If the Minister thinks there’s not a good enough reason to keep a surplus venue from being transferred to a racing code, they need to decide what to do with it. When making this decision, the Minister has to think about many things.

You need to consider why this law was made, especially the parts about making horse racing, greyhound racing, and sports betting profitable and fun. You also need to think about whether more than one type of racing club uses the venue, and how much each one uses it.

The Minister will look at whether people in the community use the venue for things that don’t make money, like sports or community events. They’ll also think about how much the community and the racing code have helped the venue in the past.

The Minister will want to know how the racing code plans to use the venue if they get it. This includes finding out if they want to sell it and use the money to fix up other venues, and where those other venues are.

The Minister will also think about whether any iwi or other community groups have a special interest in the venue. They’ll look at whether it’s used for training horses or dogs, and who owns the buildings on the land.

The Minister will consider if racing clubs that don’t own the venue use it, and if the local community has any ideas for how to use it in the future.

They’ll also think about whether it’s right for the racing code to pay money if they get the venue, and anything else that might help achieve what the law is trying to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS351633.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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Part 2 Racing
Transfer of assets and surplus venues: Transfer of surplus venues

30What happens if exemption from transfer to code unjustified under section 28(3)

  1. If the Minister considers there is inadequate justification under section 28(3) to exempt the surplus venue from the application of section 27, the Minister must decide whether, and if so how, the surplus venue should be transferred to the code, and for the purpose of making that decision the Minister must have regard to the following:

  2. the purposes of this Act as set out in section 3(a)(ii) and (iv); and
    1. whether the surplus venue is used for conducting race meetings by racing clubs from more than 1 code (and, if so, the relative interests of the clubs); and
      1. whether the surplus venue is used by members of the community in the area in which the venue is located for not-for-profit purposes (for example, sporting, equestrian, or other community purposes); 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 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 local 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 to achieving the purposes of this Act.