Plain language law

New Zealand law explained for everyone

Racing Industry Act 2020

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

31: Minister must appoint reviewer before recommending order

You could also call this:

“The Minister must choose a fair expert to review racing venue transfers”

Before the Minister can decide about transferring a surplus racing venue, they must appoint someone called a reviewer. This reviewer needs to know a lot about New Zealand racing, talking to communities, and giving good advice. The Minister should try to get the racing club and racing code to agree on who the reviewer should be.

The reviewer’s job is to look at whether the venue should be transferred or not. They need to ask the racing code, racing clubs, community groups, and local councils what they think. They also need to visit the venue.

If the reviewer thinks the venue should be transferred, they need to tell the Minister if any money should be paid as part of the transfer. They look at things like who owns the buildings at the venue and how much it would cost to remove them.

The reviewer must tell the Minister if they have any conflicts of interest that might stop them from doing a fair job. If they do, they can’t take the job.

Usually, the racing code has to pay for the review. But sometimes, the Minister might decide that the racing club or someone else should pay for part of it. If they don’t pay, the government can make them pay through the courts.

After the reviewer does their job, the Minister looks at their recommendations before making a final decision about transferring the venue.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=LMS351634.

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

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

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

Next

32: Effect of transfer of surplus venue, or

"Special rules make it easier to transfer a racing venue when it's no longer needed"

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

31Minister must appoint reviewer before recommending order

  1. In addition, before considering the matters in section 28 or determining whether to recommend the making of an order under section 27(2), the Minister must—

  2. appoint a person with relevant knowledge and experience (a reviewer) to review whether the surplus venue should be transferred under section 27 or exempted from the application of that section; and
    1. have regard to any recommendations made by the reviewer about whether the transfer proposal should be approved or approved with modifications; and
      1. seek to obtain the agreement of the racing club and the racing code regarding the person to be appointed as reviewer.

        1. In making an appointment under subsection (1), the Minister must have regard to the need for the reviewer to have the appropriate knowledge, skills, and experience to conduct the review, including (without limitation) in relation to—

        2. New Zealand racing:
          1. community engagement:
            1. preparing analysis and advice.

              1. If the reviewer has a conflict of interest or potential conflict of interest (whether direct or indirect) that affects, or may affect, the proper and impartial discharge of the reviewer’s functions under this section, the reviewer—

              2. must disclose the matter to the Minister; and
                1. must not accept the appointment.

                  1. In carrying out a review, the reviewer must—

                  2. invite submissions regarding the surplus venue from the relevant racing code, racing club (or clubs), community groups, and territorial authorities in the area in which the surplus venue is located, or any other person that the reviewer thinks fit; and
                    1. visit the surplus venue.

                      1. If the reviewer recommends that any transfer proposal be approved (either with or without modification), the reviewer must advise the Minister about whether any payment referred to in section 27(4)(d)(i) or (ii) should be made by the code on the transfer and for that purpose must consider—

                      2. the transfer proposal prepared by the code under section 27(2); and
                        1. whether the surplus venue is used by racing clubs from more than 1 code (and, if so, the relative interests of the clubs); and
                          1. the ownership and value of any buildings or facilities situated at or on the surplus venue and the likely cost of their removal (if applicable).

                            1. The costs of a review carried out under this section—

                            2. must be paid by the racing code unless the Minister considers, on the advice of the reviewer, that it is appropriate for the racing club or any other person involved in the review to meet a portion of the costs; and
                              1. are recoverable as a debt due to the Crown in a court of competent jurisdiction.