This Act comes into force on a date to be appointed by the Governor-General by Order in Council.

The purpose of this Act is-

• (a) to provide effective governance arrangements for the racing industry; and

• (b) to facilitate betting on galloping, harness, and greyhound races, and other sporting events; and

• (c) to promote the long-term viability of New Zealand racing.

(1) This Act replaces the Racing Act 1971.

(2) Part 1 provides for the commencement of the Act, states the purpose of the Act, defines certain terms used in the Act, and contains other preliminary provisions.

(3) Part 2 establishes the New Zealand Racing Board, which replaces the New Zealand Racing Industry Board and the Totalisator Agency Board.

(4) Part 3 contains provisions relating to the 3 racing codes and the racing clubs that are members of those codes. The racing codes are New Zealand Thoroughbred Racing Incorporated, Harness Racing New Zealand Incorporated, and the New Zealand Greyhound Racing Association (Incorporated).

(5) Part 4 requires each code to have racing rules, and provides for the racing judicial system and other related matters.

(6) Part 5 relates to the racing calendar and the issue of licences for race meetings.

(7) Part 6 provides for rules governing betting and related matters.

(8) Part 7 repeals the Racing Act 1971, makes consequential amendments, and provides for miscellaneous matters.

(9) Part 8 contains transitional provisions.

(1) In this Act, unless the context otherwise requires,-

(2) A reference in this Act to a named body is a reference to the body in existence with that name immediately before the commencement of this Act, whether or not the body subsequently changes its name, and nothing in this Act prevents the body changing its name.

This Act binds the Crown.

(1) The New Zealand Racing Board (the Board) is established as a body corporate with perpetual succession.

(2) The Board has, both within and outside New Zealand,-

• (a) full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction; and

• (b) for the purposes of paragraph (a), full rights, powers, and privileges.

(3) Subsection (2) applies subject to this Act, any other Act, and the general law of New Zealand.

The objectives of the Board are-

• (a) to promote the racing industry; and

• (b) to facilitate and promote racing betting and sports betting; and

• (c) to maximise its profits for the long-term benefit of New Zealand racing.

(1) The functions of the Board are-

• (a) to develop policies that are conducive to the overall economic development of the racing industry, and the economic well-being of people who, and organisations which, derive their livelihoods from racing:

• (b) to determine the racing calendar each year, and issue betting licences, under Part 5:

• (c) to conduct racing betting and sports betting, and make rules relating to betting, under Part 6:

• (d) to distribute funds obtained from betting to the racing codes in accordance with sections 16 and 17:

• (e) to administer the racing judicial system in accordance with sections 36 to 41 and Schedule 3:

• (f) to develop or implement, or arrange for the development or implementation of, programmes for the purposes of reducing problem gambling and minimising the effects of that gambling:

• (g) to undertake, or arrange for the undertaking of, research, development, and education for the benefit of New Zealand racing:

• (h) to use its resources, including financial, technical, physical, and human resources, for purposes that, in the opinion of the Board, will directly or indirectly benefit New Zealand racing:

• (i) to keep under review all aspects of racing and to advise the Minister of those aspects, either on its own initiative or at the request of the Minister:

• (j) any other functions that it is given by or under this Act or any other Act.

(2) In carrying out its functions, the Board must-

• (a) comply with the principles of natural justice; and

• (b) exhibit a sense of social responsibility by having regard to the interests of the community in which it operates.

(1) The governing body of the Board (the governing body) consists of the members referred to in section 11.

(2) All decisions relating to the business or affairs of the Board must be made by or under the authority of its governing body in accordance with the most recent statement of intent of the Board presented to the House of Representatives under section 19.

(3) The governing body has all the powers necessary for managing, and for directing or supervising the management of, the business and affairs of the Board.

(1) The governing body consists of 7 members, acceptable to the Minister, as follows:

• (a) an independent chairperson appointed by the Minister after consultation with the racing industry; and

• (b) 1 person appointed by the Minister on the nomination of New Zealand Thoroughbred Racing Incorporated; and

• (c) 1 person appointed by the Minister on the nomination of Harness Racing New Zealand Incorporated; and

• (d) 1 person appointed by the Minister on the nomination of the New Zealand Greyhound Racing Association (Incorporated); and

• (e) 3 persons appointed by the Minister on the advice of the nomination advisory panel referred to in section 12, and following the nomination and consultation process described in that section.

(2) A person who is a chairperson of a racing code may not be appointed or hold office as a member of the governing body under subsection (1)(b) to (e) unless the person resigns from that position before taking up the appointment, but any other person (including any member of the governing body of a code) may be appointed and hold office as such.

(3) An appointment under subsection (1) is for a period not exceeding 3 years, but-

• (a) a member continues to hold office until the member is re-appointed or the member's successor is appointed; and

• (b) if a vacancy occurs during the period, an appointment may be made by the Minister to fill that vacancy for the remainder of the period.

(4) The Minister may appoint a person to be a member of the Board under subsection (1) only if the Minister is satisfied that the person is qualified to be a member by virtue of the person's-

• (a) knowledge of, or experience in, the racing industry; or

• (b) expertise in business, marketing, or economics.

(1) The nomination advisory panel consists of the following 5 members:

• (a) the Minister, who will chair the panel; and

• (b) the independent chairperson of the Board; and

• (c) the 3 chairpersons of the racing codes.

(2) The nomination advisory panel must recommend to the Minister the appointment of 3 persons to the governing body under section 11(1)(e).

(3) The nomination advisory panel must not recommend the appointment of any person unless-

• (a) the Minister has identified the desired skills and qualifications of nominees and sought the nominations of persons for appointment to the Board:

• (b) the recognised industry organisations have been given a reasonable period, of not less than 4 weeks, during which to make nominations:

• (c) the Minister has distributed a list to the recognised industry organisations of all those persons who have agreed to be nominated to serve on the Board:

• (d) the racing codes have consulted their affiliated recognised industry organisations on the list of those persons nominated to serve, and the codes have given those organisations a reasonable opportunity, of not less than 7 days, to comment:

• (e) the nomination advisory panel has met to consider the nominations, taking into account the outcome of the consultation with the recognised industry organisations and the desired skills and qualifications of nominees.

(4) For the purposes of subsection (3)(a) and (e), the desired skills and qualifications of nominees include a person's-

• (a) knowledge of, or experience in, the racing industry; and

• (b) expertise in business, marketing, or economics.

(5) A meeting of the nomination advisory panel may be held by means of audio, audio and visual, or electronic communication by which all panel members can simultaneously communicate with each other throughout the meeting.

(5A) If a panel member is unable to participate in a meeting of the panel, the panel member may designate a suitably qualified person to act as a substitute member, who is entitled, in the absence of the panel member,—

• (a) to participate in the meeting in the panel member's place; and

• (b) to be treated as a member of the nomination advisory panel for the purposes of the meeting.

(6) A person must not be appointed to serve on the Board under section 11(1)(e) without first being considered by the nomination advisory panel.

(1) The Board must, as soon as practicable after the end of each racing year,-

• (a) prepare financial statements for that year; and

• (b) have those financial statements audited by a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996).

(2) The financial statements of the Board for a racing year must be prepared in accordance with generally accepted accounting practice and must include-

• (a) a statement of financial position at the balance date; and

• (b) a statement of financial performance for the year; and

• (c) a statement of cash flows for the year; and

• (d) a statement setting out the financial performance to be achieved during the year as established at the beginning of the year; and

• (e) a statement of commitments as at the balance date; and

• (f) a statement of contingent liabilities as at the balance date; and

• (g) any other statements that are necessary to fairly reflect the financial operations of the Board for the year and its financial position at the end of the year; and

• (h) a statement of accounting policies; and

• (i) comparative actual figures for the previous racing year in relation to any of the matters set out in paragraphs (a) to (g) that are appropriate; and

• (j) budgeted figures for the year in relation to any of the matters set out in paragraphs (a) to (g) that are appropriate.

(1) The Board must, at least once every 5 years, arrange for an audit to be conducted in relation to its performance and efficiency.

(2) Schedule 2 applies to an audit conducted under subsection (1).

(1) The Board may maintain 1 or more reserves with the name or names, and containing an amount or amounts, that the Board considers appropriate.

(2) The Board may credit to a reserve any amount that it considers appropriate from any surpluses retained by it under sections 53(2) and 57(2), or any other source whether capital or income.

(1) The Board must, as soon as practicable following the end of a racing year, determine the amount to be distributed among the racing codes for that year from any surpluses referred to in sections 53(2) and 57(2), or any other source whether capital or income.

(2) Unless a majority of the racing codes otherwise agrees in writing, the amount referred to in subsection (1) must be not less than the total of the surpluses referred to in sections 53(2) and 57(2) for that racing year less the total amount credited to reserves for that year from those surpluses.

(3) Unless a majority of the racing codes otherwise agrees in writing, the amount referred to in subsection (1) must be distributed among the racing codes in the same proportions that the Board considers are the proportions to which the codes contributed to the New Zealand turnover of the Board for that racing year.

(4) In subsection (3), New Zealand turnover of the Board means the total gross amount received by the Board from racing betting placed in New Zealand on races run in New Zealand.

(1) The Board may, during or after a racing year, pay to the racing codes amounts representing parts of the amount to be distributed among the codes for that year under section 16.

(2) As soon as practicable after the amount to be distributed among the racing codes for a racing year under section 16 has been determined, the Board must pay to each code the amount arrived at by deducting from the amount due to the code under section 16(3) the total of the amounts paid to the code for that year under subsection (1).

(3) Despite subsection (2), the Board may withhold all or any part of the amount to be distributed to a code if it has not yet approved the code's statement of intent and business plan under section 23.

(4) If, for any racing year, the total of the amounts paid to a racing code under subsection (1) exceeds the amount due to the code under section 16(3), the amount of the difference is a debt due from the code to the Board, and the Board may-

• (a) require the code to repay the debt; or

• (b) recover the debt by deducting it from the amounts payable to the code under subsections (1) and (2) for any subsequent racing year.

The Board must operate in a financially responsible manner and, for this purpose, must-

• (a) endeavour to maintain its long-term financial viability; and

• (b) endeavour to cover all its annual costs (including the cost of capital) from its net annual income; and

• (c) endeavour to act as a successful going concern; and

• (d) prudently manage its assets and liabilities.

(1) The Board must deliver to the Minister, before the commencement of each racing year, a statement of intent relating to that year and to each of the 2 subsequent racing years.

(2) The statement of intent must set out, for each racing year to which it relates,-

• (a) the objectives of the Board:

• (b) the nature and scope of the activities to be undertaken:

• (c) the performance targets and other measures by which its performance may be judged in relation to its objectives:

• (d) a statement of accounting policies.

(3) Before delivering a statement of intent to the Minister, the Board must consult the recognised industry organisations on the proposed statement.

(4) The Minister must present the statement of intent to the House of Representatives not later than 6 sitting days after it has been received by the Minister.

(1) Before the commencement of each racing year, the Board must prepare a business plan.

(2) The Board must consult with each racing code in respect of its business plan.

(1) The Board must, as soon as practicable after the end of each racing year, deliver to the Minister and each racing code a report of its proceedings and operations during that year.

(2) The annual report must include-

• (a) the financial statements of the Board and the audit report on those statements; and

• (b) information on the development and implementation under section 9(1)(f) of programmes relating to problem gambling.

(3) The Minister must present the report and statements to the House of Representatives not later than 6 sitting days after they have been received by the Minister.

(1) Schedule 1 applies to the Board and its governing body.

(2) The Board may, by resolution, make, alter, and revoke rules not inconsistent with this Act for regulating its proceedings and providing for any matters that may be reasonably necessary or expedient for carrying out its functions, duties, and powers.

(3) As soon as practicable after making or altering any rules under subsection (2), the Board must send a copy of the rules or amended rules to the Minister.

(4) The Regulations (Disallowance) Act 1989 (but not the Acts and Regulations Publication Act 1989) applies to any rules made under subsection (2) as if those rules were regulations within the meaning of the Regulations (Disallowance) Act 1989.

(5) Rules made under subsection (2) must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

(6) The Board must make copies of any rules made under subsection (2) available-

• (a) for inspection free of charge at each of its offices; and

• (b) for purchase by any person at a reasonable price.

(1) Each racing code must deliver to the Board, before the commencement of each racing year, a proposed statement of intent and business plan relating to that year and to each of the 2 subsequent racing years.

(2) The proposed statement of intent must set out, for each racing year to which it relates,-

• (a) the code's rules, as required by section 6 of the Incorporated Societies Act 1908; and

• (b) the objectives of the code; and

• (c) the nature and scope of the activities to be undertaken by the code; and

• (d) a statement of the code's policy for distributing funds received from the Board to racing clubs registered with the code in accordance with section 25; and

• (e) the performance targets and other measures by which its performance may be judged in relation to its activities; and

• (f) a statement of accounting policies.

(3) On receipt of a racing code's proposed statement of intent and business plan, the Board must, within 1 calendar month, write to the code, either-

• (a) approving the statement and plan; or

• (b) setting out the reasons why it has not approved the statement or plan.

(4) Without limiting the generality of subsection (3), the Board may decline to approve a racing code's proposed statement of intent or business plan if the Board considers that-

• (a) the code's objectives are inconsistent with its own objectives; or

• (b) any of the code's rules are-

  • (i) unreasonable; or

  • (ii) undemocratic; or

  • (iii) unfairly discriminatory; or

  • (iv) unfairly prejudicial; or

  • (v) contrary to law.

(5) This section does not prevent-

• (a) a racing code from submitting a revised statement of intent or business plan after the commencement of a racing year; or

• (b) the Board from approving the revised statement or plan.

(6) Subsection (3) applies to a revised statement of intent or business plan with any necessary modifications.

(1) No person or association of persons, whether a body corporate or not, may have or use any name calculated to suggest connection with, or endorsement by, the Board or a racing code, or any name containing the words-

• (a) “New Zealand Racing Board” ; or

• (b) “Totalisator Agency Board” or “TAB” ; or

• (c) “Racing Conference” or “New Zealand Thoroughbred Racing” ; or

• (d) “Trotting Conference” or “Harness Racing New Zealand” ; or

• (e) “New Zealand Greyhound Racing Association”.

(2) If an Act provides for the registration of any association of persons, the registering authority may refuse registration if, in its opinion, the use of the name by which the association wishes to be registered is prohibited by subsection (1).

(3) This section applies, with the necessary modifications, to a person carrying on business under any name or style except his or her own.

(4) Subsection (1)(a) and (b) does not apply to the Board.

(5) Subsection (1)(c) does not apply to New Zealand Thoroughbred Racing Incorporated.

(6) Subsection (1)(d) does not apply to Harness Racing New Zealand Incorporated.

(7) Subsection (1)(e) does not apply to the New Zealand Greyhound Racing Association (Incorporated).

(8) Nothing in this section prevents a racing club from having or using a name containing the word or words “racing”, “thoroughbred racing”, “harness racing”, “trotting”, or “greyhound racing” in any form except those specified in subsection (1).

(1) Each racing code is responsible for distributing among the racing clubs registered with the code the amounts received by it from the Board under section 17.

(2) Each racing code must decide how much of any amount referred to in subsection (1) must be distributed among the racing clubs registered with it and the apportionment of that amount among those clubs.

(3) The Board may, on the direction of a racing code, pay to a racing club the whole or part of an amount payable by the Board to the code under section 17, and any amount paid must be regarded as having been paid by the Board to the code under section 17 and by the code to the club in accordance with subsections (1) and (2).

A member of a racing club must not have any pecuniary interest, in his or her capacity as a member, in the property of the club.

(1) On the dissolution of a racing club, the assets of the club remaining after all legal claims on the club have been satisfied must be disposed of for racing, public, charitable, or other purposes in the manner that the club, with the approval of the racing code with which it is registered, determines.

(2) The purposes for which the assets must be disposed of must be published by the racing code by notice in the Gazette.

(3) If there is a dispute over the disposition of assets involving a racing club that is an incorporated society or a charitable trust, the dispute must be determined in accordance with section 27 of the Incorporated Societies Act 1908 or section 27 of the Charitable Trusts Act 1957, as the case may be.

(4) For the purposes of subsection (3), a racing club that is neither an incorporated society nor a charitable trust must be treated as if it were an incorporated society.

(5) If 2 or more racing clubs propose to combine to form 1 club, the assets of any club that proposes to dissolve as a result of that combination may, with the approval of the racing code with which it is registered, be transferred (whether before or after dissolution) to the club with which it proposes to combine.

(1) As soon as practicable after the end of a racing year, every racing code and racing club must send to the Board a copy of its audited financial statements for that year.

(2) All financial statements sent to the Board under subsection (1) must be in a form, and based on accounting principles, determined by the Board by written notice to the racing codes.

(1) Every racing code must make, and maintain in force, rules regulating the conduct of racing by that code.

(2) Without limiting subsection (1), any racing rules of a racing code may provide for-

• (a) the appointment, functions, and duties of stipendiary stewards and racecourse inspectors; and

• (b) the licensing of trainers, jockeys, drivers, and apprentices, and related matters; and

• (c) the registration of horses, greyhounds, owners, partnerships, syndicates, and colours; and

• (d) the conduct and control of race meetings, including safety requirements; and

• (e) prize money and other stakes, programmes, entries, withdrawals, weights, penalties, handicapping, allowances, weighing, starting, and running; and

• (f) punishments for breaches of the rules; and

• (g) determinations and appeals; and

• (h) disqualifications and suspensions; and

• (i) any other matters relating to the conduct of races and racing that the racing code thinks fit.

(3) As soon as practicable after the date of commencement of this Act, each racing code must send to the Board a copy of its racing rules that were in force immediately before that date, and those rules must be regarded as having been made for the purposes of subsection (1).

(1) A racing code must, before amending its racing rules, receive written approval from the Board for the proposed amendment.

(2) A racing code to which sections 37 to 41 and Schedule 3 apply must also consult with the Judicial Control Authority before amending its racing rules.

(3) As soon as practicable after amending its racing rules, a racing code must send a copy of the amended rules to the Board and, in the case of a racing code to which sections 37 to 41 and Schedule 3 apply, to the Judicial Control Authority.

(1) Any provision of any racing rules that is in conflict with any provision of this Act, any other Act, or the general law of New Zealand is invalid.

(2) Despite subsection (1), any racing rules may provide for the appointment of inspectors, in addition to those appointed under section 47.

(1) As soon as practicable after making or altering any rules under section 29 or section 34, each racing code must send a copy of the rules or the amended rules to the Minister.

(2) The Regulations (Disallowance) Act 1989 (but not the Acts and Regulations Publication Act 1989) applies to rules made under section 29 or section 34 as if those rules were regulations within the meaning of the Regulations (Disallowance) Act 1989.

(3) Rules made under section 29 must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

(4) Each racing code must make copies of its racing rules available-

• (a) for inspection free of charge at each of its offices; and

• (b) for purchase by any person at a reasonable price.

Every racing club must, when holding a race or race meeting, comply with the relevant racing rules.

(1) This section applies to any racecourse on the day during which racing is being held on that racecourse, whether or not it is, or forms part of, a reserve or other place for which there exists a right of public use or entry.

(2) Subject to any enactment and the general law of New Zealand, racing rules may include separate rules controlling or prohibiting the admission of persons to any racecourse used by racing clubs registered with the racing code that made the rules.

(3) Rules made under this section do not come into force until they have been approved by the Minister and published in the Gazette.

(4) The rules may exclude any specified class or classes of person from entering a racecourse, either absolutely or subject to any special conditions, that may be set out in the rules.

(5) However, subsection (4) applies only to the extent that it is reasonably necessary for the purpose of maintaining public confidence in-

• (a) the conduct of horse racing; and

• (b) the integrity of racing betting.

(1) Every person who commits a breach of any rule made under section 34 may be removed from the racecourse by any member, officer, agent, or employee of the racing club or of the racing code with which the racing club is registered, or by any member of the police.

(2) Every person who commits a breach of any rule made under section 34 also commits an offence.

(3) Every person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding $1,000.

Sections 37 to 41 and Schedule 3 apply to-

• (a) New Zealand Thoroughbred Racing Incorporated and Harness Racing New Zealand Incorporated, and the racing governed by those codes, on and from the date of commencement of this Act:

• (b) the New Zealand Greyhound Racing Association (Incorporated), and the racing governed by that code, on and from a date specified for the purposes of this paragraph by the Governor-General by Order in Council.

(1) The Judicial Control Authority established under the Racing Act 1971 is continued.

(2) The functions of the Authority are as follows:

• (a) to initiate, develop, and recommend to the Board and the recognised industry organisations those measures that will, in its opinion, be conducive to the efficient judicial control of racing in New Zealand:

• (b) to select and appoint, by any procedures and inquiries that it thinks fit, panels of suitable persons established under clauses 15 and 18 of Schedule 3 from which members of a judicial committee or members of an appeals tribunal may be appointed:

• (c) to appoint the members of judicial committees under section 39:

• (d) to appoint the members of appeals tribunals under section 40:

• (e) to recommend to a racing code to which this section applies any changes to the racing rules of the code that it considers desirable in relation to matters of a judicial nature:

• (f) to exercise and perform other functions, powers, and duties that are conferred or imposed on the Authority by or under this Act or any other enactment or by any racing rules.

(3) The Authority has and may exercise all the powers that may be reasonably necessary for the purposes of subsection (2).

(1) The Authority consists of the following members:

• (a) a chairperson, being a person who is or has been a barrister and solicitor of the High Court of not less than 7 years' practice, appointed by the unanimous vote of the chairpersons of the racing codes to which this section applies and the Board; and

• (b) for each racing code to which this section applies, 2 members appointed jointly by the chairperson of the Authority and the chairperson of the code.

(2) If the chairpersons referred to in subsection (1)(b) fail to agree upon the appointment of a member of the Authority, the chairperson of the Board must make the appointment.

(3) A person must not hold office as a member of the Authority under subsection (1) if he or she is a member of the governing body of a racing code or a member of the Board.

(4) In appointing any person under subsection (1), the appointers must have regard to the person's knowledge, experience, and expertise relevant to the functions and powers of the Authority.

(1) The Authority must appoint, in accordance with clauses 15 and 16 of Schedule 3, members of judicial committees to exercise and carry out the powers and functions of those committees, whether in relation to matters that arise on a particular day of racing or in relation to other matters.

(2) The functions of every judicial committee are-

• (a) to hear, adjudicate on, and determine any matter that is brought before it in accordance with the racing rules of a code to which this section applies; and

• (b) to exercise and perform the powers, duties, and functions, including the power to impose penalties and award costs, that are conferred or imposed on judicial committees by or under the racing rules of a code to which this section applies.

(1) The Authority must appoint, in accordance with clauses 18 and 19 of Schedule 3, members of appeals tribunals to exercise the functions and powers of those tribunals for any appeal.

(2) The function of every appeals tribunal is to hear and adjudicate on any appeal made to it under clause 20 of Schedule 3.

Schedule 3 applies to the Judicial Control Authority, judicial committees, and appeals tribunals.

(1) The Board must establish and maintain a committee (the dates committee).

(2) The dates committee must, before the end of each racing year, determine-

• (a) all of the dates in the subsequent racing year on which betting races will occur; and

• (b) the allocation of those dates among racing clubs; and

• (c) any conditions of allocation.

(3) Before carrying out its functions under subsection (2), the dates committee must consult with each of the recognised industry organisations on the proposed dates, allocation, and conditions.

(1) The dates committee may, at any time before or during a racing year, add to, alter, or revoke a date, allocation, or condition determined under section 42.

(2) Before making a change under subsection (1), the dates committee must consult with each of the racing codes and clubs affected by the change.

A betting licence must not be issued for races on Easter Sunday, Christmas Day, Good Friday, or before 1 pm on Anzac Day.

(1) As soon as practicable after the dates committee has determined the dates, allocation, and conditions for a racing year under section 42, the Board must issue betting licences to the racing clubs to whom dates have been allocated.

(2) Each betting licence must state-

• (a) the name of the racing club; and

• (b) the name of the racecourse at which the betting races are to take place; and

• (c) the date on which the betting races may be held; and

• (d) any other terms and conditions that the Board considers appropriate.

(3) Two or more betting licences to be issued to the same racing club may be combined in 1 document.

(1) If the dates committee adds to, alters, or revokes a date, allocation, or condition under section 43, the Board must add to, alter, or revoke accordingly any betting licence that has been issued for that date, allocation, or condition.

(2) The Board must give written notice of an addition, alteration, or revocation of a betting licence under this section to each racing code and club affected by the change.

(1) The chief executive may appoint, on the terms and conditions that he or she thinks fit, persons (referred to as government inspectors in subsection (2) and sections 48 and 49) to inspect racecourses and premises of the Board for the purpose of ascertaining whether betting licences and betting rules are being complied with.

(2) The production by a government inspector of a written authority purporting to have been issued under this section is, in the absence of proof to the contrary, sufficient evidence that it has been issued.

(1) Every government inspector has the right to enter, at all reasonable times and without charge, any racecourse or premises of the Board.

(2) A government inspector may,-

• (a) demand from any officer or employee of a racing club or the Board, any information that he or she considers necessary for the purposes of an inspection:

• (b) at any reasonable time, examine any books, accounts, records, or other documents, or any machine or equipment, used for the purposes of racing betting or sports betting.

(3) An officer or employee of a racing club or the Board who is required under subsection (2)(a) to provide information must provide that information within 28 days.

(4) Every government inspector exercising any power under this section must produce his or her authority to act as a government inspector immediately upon request by any person to do so.

(5) Nothing in this section limits or affects the privilege against self-incrimination.

(1) Every person commits an offence who-

• (a) wilfully hinders or attempts to hinder a government inspector entering, in the execution of his or her duty, any racecourse or premises of the Board; or

• (b) wilfully refuses, except on the grounds of self-incrimination, to comply with the requirement to provide information that a government inspector has lawfully demanded from him or her under section 48(2)(a); or

• (c) otherwise wilfully hinders or attempts to hinder a government inspector in the execution of any power or duty.

(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $1,000.

The Board may conduct, either by itself or by means of racing clubs or other agents appointed by the Board for this purpose,-

• (a) racing betting in accordance with rules made under section 52; and

• (b) except as provided in section 55, sports betting in accordance with rules made under section 54; and

• (c) combinations of the betting referred to in paragraphs (a) and (b).

(1) A racing club that has a betting licence may conduct equalisator betting on races held by it on the date to which the licence relates and on the terms and conditions set out in the licence.

(2) A racing club may deduct from the bets made by way of equalisator betting, after first making any refunds of bets, an amount not exceeding 15% as commission for the club.

(3) Except as provided in rules made under section 52 stating the denomination to which dividends are to be rounded and paid out, a racing club must declare and pay out as dividends all money received by way of equalisator betting, after deducting all refunds of bets and the commission authorised by subsection (2).

(4) Every racing club, or member, officer, agent, or employee of a racing club commits an offence who knowingly makes, authorises, or permits any payment from money received by way of equalisator betting except in accordance with subsections (2) or (3).

(5) Every person who commits an offence against subsection (4) is liable on summary conviction,-

• (a) in the case of a racing club, to a fine not exceeding $3,000:

• (b) in the case of a member, officer, agent, or employee of a racing club, to a fine not exceeding $1,500.

(1) The Board may, by notice in the Gazette, make, alter, and revoke rules providing for the establishment of a system or systems of racing betting, and providing for any matter relating to the conduct and operation of racing betting by the Board.

(2) Without limiting subsection (1), rules made by the Board under this section-

• (a) may state the kinds of betting that may be undertaken; and

• (b) may state the circumstances in which-

  • (i) a bet may be refunded, and when it may be retained by the Board; or

  • (ii) any fixed-odds bets may be laid off on other betting systems by the Board for the purpose of limiting the Board's exposure on any particular race or races; or

  • (iii) the Board may cancel any bet; and

• (c) must state the amounts described in section 58(1).

(3) Rules made by the Board under this section must provide that, if there is racing betting on a race, the betting must close before the race starts.

(1) The Board must apply the amounts received by it for racing betting, including the net return from bets laid off under any rule in force under section 52(2)(b)(ii), for a racing year in payment of-

• (a) refunds of bets and winning dividends for that year, including payments to dividend prize pools that will be carried forward and paid out as winning dividends at a future date; and

• (b) goods and services tax; and

• (c) totalisator duty as prescribed by the Gaming Duties Act 1971; and

• (d) all costs, charges, and expenses incurred by the Board in the exercise and performance of its functions, duties, and powers under this Act for that year (less any costs, charges, and expenses incurred by it under section 57).

(2) The surplus, if any, of the amounts received by it for racing betting that remains after making the payments referred to in subsection (1) must be applied by the Board in accordance with sections 15 to 17.

(1) The Board may, by notice in the Gazette, make, alter, and revoke rules providing for the establishment of a system or systems of sports betting, and providing for any matter relating to the conduct and operation of sports betting by the Board.

(2) Without limiting subsection (1), rules made under this section-

• (a) may state the kinds of betting that may be undertaken; and

• (b) may state the circumstances in which-

  • (i) a bet may be refunded, and when it may be retained by the Board; or

  • (ii) any fixed-odds bets may be laid off on other betting systems by the Board for the purpose of limiting the Board's exposure on any particular event or events; or

  • (iii) the Board may cancel any bet; and

• (c) must state the amounts described in section 58(2).

(1) The Board may not conduct sports betting on any sporting event or events without the written agreement of the appropriate New Zealand national sporting organisation.

(2) Every agreement entered into under subsection (1) must be on the terms and conditions that are agreed between the Board and the New Zealand national sporting organisation concerned, including payment to the sporting organisation, under section 57(1)(d), of revenue derived from sports betting on the event or events to which the agreement relates.

(3) In this section, New Zealand national sporting organisation means an organisation that meets the criteria laid down by Sport and Recreation New Zealand for receiving financial support from that agency, whether or not the organisation is actually receiving the support.

(1) For the purposes of operating a sports betting system, the Board may-

• (a) use any offices or agencies established, or equipment used, for the operation of racing betting; and

• (b) establish any new offices or agencies or outlets that it thinks fit.

(2) Subsection (1) does not limit section 7(2).

(1) The Board must apply the amounts received by it for sports betting, including the net return from bets laid off under section 54(2)(b)(ii), for a racing year in payment of-

• (a) refunds of bets and winning dividends for that year, including payments to dividend prize pools that will be carried forward and paid out as winning dividends at a future date; and

• (b) goods and services tax; and

• (c) totalisator duty as prescribed by the Gaming Duties Act 1971; and

• (d) the amounts agreed to be paid to New Zealand national sporting organisations under agreements entered into under section 55, being-

  • (i) not less than 5% of totalisator sports betting turnover; and

  • (ii) not less than 1% of fixed-odds sports betting turnover and 5% of gross profit (being gross revenue minus dividends paid, but not less than zero) from fixed-odds sports betting; and

• (e) all costs, charges, and expenses incurred by the Board in the exercise and performance of its functions, duties, and powers during that year in relation to sports betting.

(2) The surplus, if any, of the amounts received by it for sports betting that remains after making the payments referred to in subsection (1) must be applied by the Board in accordance with sections 15 to 17.

(1) For the purposes of determining winning dividends for totalisator racing betting, rules made under section 52 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 53 for each form of betting.

(2) For the purposes of determining winning dividends for totalisator sports betting, rules made under section 54 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 57 for each form of betting.

(3) Before the Board determines for the first time or increases any of the percentages required to be stated in the rules by subsection (1), the Board must give reasonable notice of the proposed percentages to every recognised industry organisation.

(4) Before the Board determines for the first time or increases any of the percentages required to be stated in the rules by subsection (2), the Board must give reasonable notice of the proposed percentages to every recognised industry organisation and the relevant New Zealand national sporting organisations.

(5) If the Board decides to decrease any of the percentages required to be stated in the rules by subsections (1) and (2), it is not necessary for the Board to amend any rule to reflect the decrease if the decrease is-

• (a) only temporary; and

• (b) for the purpose of a particular promotion.

(1) As soon as practicable after making or altering any rules under section 52 or section 54, the Board must send a copy of the rules or amended rules to the Minister.

(2) The Regulations (Disallowance) Act 1989 (but not the Acts and Regulations Publication Act 1989) applies to rules made under section 52 or section 54 as if those rules were regulations within the meaning of the Regulations (Disallowance) Act 1989.

(3) Rules made under section 52 or section 54 must be notified in the Gazette, and come into force on the date specified for the purpose in the rules (which must not be earlier than the date of their notification) or, if no date is specified, on the date of notification.

(4) The Board must make copies of any rules made under section 52 or section 54 available-

• (a) for inspection free of charge at each of its offices; and

• (b) for purchase by any person at a reasonable price.

(1) Except in any circumstances that the Board may specify by notice in the Gazette, the Board must not pay out by way of dividend an amount less than the amount invested for any bet on which a dividend is payable.

(2) Rules made under sections 52 and 54 must state the denomination to which dividends will be rounded and paid out by the Board or, in the case of equalisator betting, a racing club.

(3) All amounts not payable as part of a dividend because of rounding in accordance with rules made under sections 52 and 54 may be retained by the Board, or the racing club conducting equalisator betting, and must be regarded for all purposes as part of the Board's or the racing club's funds.

(1) The Board may operate a totalisator, or any other betting system for the time being authorised under this Act, for the purpose of, or in conjunction with, class 3 gambling conducted by a society that holds a licence under section 37 of the Gambling Act 2003.

(2) The operation of a totalisator or other betting system under subsection (1) is subject to the provisions of the Gambling Act 2003, and to all the game rules and conditions of the licence that apply to the class 3 gambling for which the operation is being carried out.

(3) Despite the Gambling Act 2003, the Board may pay its employees for operating, or assisting in the operation of, a totalisator or other betting system, but the payment (or any part of it) may not be charged to, or be recoverable from, the society on whose behalf the operation is carried out.

The Board is authorised to amalgamate the amount available for an event or events for which racing or sports betting is authorised under this Act with amounts available from overseas betting systems to form a combined dividend pool.

(1) Every person commits an offence who,—

• (a) being under 18 years, makes a bet, whether on his or her own behalf or on behalf of another person; or

• (b) makes a bet on behalf of any person under 18 years.

(2) Every member, officer, agent or employee of a racing club, or of the Board, or of an agent of the Board, commits an offence who—

• (a) receives, registers, or takes into account a bet by a person under 18 years, whether the bet is made by that person on his or her own behalf or on behalf of any other person; or

• (b) permits to be received, registered, or taken into account a bet by a person under 18 years, whether the bet is made by that person on his or her own behalf or on behalf of any other person; or

• (c) offers or provides credit to any person if he or she knows, or ought to know, that the credit is intended to be used to make a bet.

(3) It is a defence to a charge under subsection (2)(a) or (b) if the defendant proves that he or she had reasonable grounds to believe the person to whom the charge relates was 18 years or over.

(4) Without limiting subsection (3), reasonable grounds exist for the purposes of that subsection if the defendant proves that he or she had sighted an evidence of age document of the person to whom the charge relates, indicating that the person was 18 years or over.

(5) Every person who commits an offence against this section is liable on summary conviction to,—

• (a) in the case of an offence against subsection (1)(a), a fine not exceeding $500:

• (b) in the case of an offence against subsection (1)(b), a fine not exceeding $1000:

• (c) in the case of an offence against subsection (2)(a) or (b), a fine not exceeding $5,000:

• (d) in the case of an offence against subsection (2)(c), a fine not exceeding $10,000:

(6) In this section and section 63A,—

(1) If any member of the police, or any member, officer, agent or employee of a racing club, or of the Board, or of an agent of the Board (as the case may be) has reasonable grounds to believe that a person has committed, is committing, or is attempting to commit an offence under section 63(1)(a), he or she may demand from that person an evidence of age document verifying his or her age.

(2) Every person commits an offence who, being required under subsection (1) to give information regarding his or her age, fails to give that information, or supplies any false information relating to his or her age.

(3) Every person who commits an offence against subsection (2) is liable on summary conviction to a fine not exceeding $500.

Betting contracts authorised by or under this Act are enforceable at law.

The Board or any racing club may refuse to accept all or any part of a bet without giving any reason for doing so.

A territorial authority consent is required if the Board proposes to establish a Board venue.

(1) An application for a territorial authority consent must be made to the territorial authority for the district in which the Board venue will be located.

(2) The application must be accompanied by the information required by the territorial authority to enable it to consider the application properly.

(1) A territorial authority must—

• (a) consider an application for a territorial authority consent in accordance with its Board venue policy; and

• (b) either grant or refuse a consent.

(2) The territorial authority must notify the Board and the Secretary of its determination within 30 working days after the later of—

• (a) the date of receipt of the application; or

• (b) the date that it adopts a Board venue policy.

(3) A territorial authority must not consider an application for territorial authority consent before it has a Board venue policy.

(1) A territorial authority must, within 6 months after the commencement of this section, adopt a policy on Board venues.

(2) In adopting a policy, the territorial authority must have regard to the social impact of gambling within the territorial authority district.

(3) The policy must specify whether or not new Board venues may be established in the territorial authority district and, if so, where they may be located.

(4) In determining its policy on whether Board venues may be established in the territorial district and where any Board venues may be located, the territorial authority may have regard to any relevant matters, including—

• (a) the characteristics of the district and parts of the district:

• (b) the location of kindergartens, early childhood centres, schools, places of worship, and other community facilities:

• (c) the cumulative effects of additional opportunities for gambling in the district.

(1) A policy on Board venues under section 65D must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 and, for the purpose of subsection (1)(e) of that section, the territorial authority must give notice of the proposed policy, in a manner that the territorial authority considers appropriate to—

• (a) the Board; and

• (b) organisations representing Maori in the territorial authority district.

(2) A policy may be amended or replaced only in accordance with the special consultative procedure, and this section applies to that amendment or replacement.

(3) Subsection (1)(b) does not affect the ability of a territorial authority to take similar action in respect of any other population group.

(4) A territorial authority must, as soon as practicable after adopting, amending, or replacing a policy on Board venues, provide a copy of the policy to the Board and the Secretary.

(5) A territorial authority must complete a review of a policy within 3 years after the policy is adopted and then within 3 years after that review and each subsequent review is completed.

(6) A policy does not cease to have effect because it is due for review or being reviewed.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing requirements for the design, layout, and furnishing of a Board venue:

• (b) prescribing the information or messages that the Board must provide to persons about racing betting and sports betting at the venue:

• (c) prescribing codes requiring the advertising of racing betting, sports betting, racecourses, and Board venues to be responsible:

• (d) requiring the Board to provide problem gambling awareness training for employees involved in supervising racing betting and sports betting at Board venues:

• (e) prescribing systems or processes ancillary to racing betting and sports betting, including the availability of automatic teller machines at a Board venue:

• (f) prescribing any other requirements relating to harm prevention or minimisation.

(1) The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to Board venues.

(2) The regulations may exclude from a Board venue any specified class or classes of person, either absolutely or subject to any special conditions that may be specified in the regulations.

(3) Every person who enters, or remains on, a Board venue in breach of a regulation made under this section must be treated as having committed an offence under section 4 of the Trespass Act 1980 and is liable accordingly.

(1) The Governor-General may, by Order in Council, make regulations—

• (a) prescribing 1 or more procedures to enable a Board operator or racing club to identify problem gamblers:

• (b) prescribing procedures for prohibiting identified problem gamblers from entering a Board venue or racecourse:

• (c) prescribing procedures for removing a person who a Board operator or racing club has reasonable grounds to believe is a problem gambler:

• (d) ensuring that access to Board venues and racecourses by identified problem gamblers is restricted:

• (e) prescribing 1 or more procedures that must be completed by a problem gambler as a condition of re-entry to a Board venue or racecourse.

(2) Regulations made under subsection (1) must—

• (a) specify the grounds on which a person may be identified as a problem gambler:

• (b) set out the steps to be taken to identify a person as a problem gambler:

• (c) prescribe the persons (including the qualifications of those persons) who are authorised to perform specific functions in relation to identifying and excluding problem gamblers:

• (d) set out the rights, including the rights of appeal against specified decisions, of a person who is subject to the procedure.

The Board must pay a problem gambling levy in accordance with sections 317 to 325 of the Gambling Act 2003 and regulations made under that Act.

(1) The Secretary may require information from the Board for research, and policy analysis and development, associated with the purposes of the Gambling Act 2003.

(2) The Secretary may require from the Board any information necessary to calculate, administer, and collect the problem gambling levy payable under section 65I.

(3) If required by the Secretary to provide information under subsection (1) or (2), the Board must provide that information within 10 working days or any longer time that the Secretary may allow.

(1) The Board may, with the approval of the Minister, promote, conduct, and control a race meeting.

(2) For the purposes of subsection (1), the Board may be issued with a betting licence under section 45.

(3) All or any of the functions under subsection (1) may be carried out by a person acting under a delegation under clause 24(1) of Schedule 1.

The Board is an organisation within the meaning of section 2(1) of the Official Information Act 1982, and that Act applies accordingly.

(1) The Crown is not liable to contribute towards the payment of any debts or liabilities of the Board, the Authority, a judicial committee, or an appeals tribunal.

(2) Subsection (1) does not apply to-

• (a) any sum the Crown is liable to contribute under any Act; or

• (b) any sum the Crown is liable to contribute under any guarantee or indemnity given under section 65ZD of the Public Finance Act 1989; or

• (c) any sum the Crown is liable to pay to a creditor of the Board, the Authority, a judicial committee, or an appeals tribunal by virtue of a good cause of action against the Crown; or

• (d) any sum the Crown is liable to pay to any creditor of the Reserve Bank of New Zealand.

(1) The Acts specified in Schedule 4 are amended in the manner indicated in that schedule.

(2) The regulations specified in Schedule 5 are amended in the manner indicated in that schedule.

(1) The Racing Act 1971 (1971 No 155) is repealed.

(2) The enactments listed in Schedule 6 are repealed.

(3) The Racing (Revocation of Approved Scheme) Notice 1973 (SR 1973/219) is revoked.

This Part applies to the New Zealand Racing Industry Board, the Totalisator Agency Board, and the Board.

In this Part, unless the context otherwise requires,-

NZRIB and TAB are each abolished on the commencement of this Act.

(1) The following vest in the Board on the commencement of this Act:

• (a) all property and liabilities of NZRIB:

• (b) all property and liabilities of TAB.

(2) Subsection (1) has effect whether or not any Act or deed or agreement relating to any property or liability permits the vesting or requires any consent to the vesting.

(1) Neither the Registrar-General of Lands nor any other person charged with the keeping of any records or registers is obliged solely by reason of this Act to change the name of NZRIB or TAB to the New Zealand Racing Board in those records or registers or in any document.

(2) It is sufficient proof, in the absence of evidence to the contrary, that property or any liability is vested in the Board if a person presents to a registrar or any other person an instrument, whether or not comprising an instrument of transfer,-

• (a) executed or purporting to be executed by the Board; and

• (b) relating to any property or liability held, immediately before the commencement of this Act, by NZRIB or TAB; and

• (c) containing a recital that the property or liability has vested in the Board by virtue of the provisions of this Act.

• (a) does not constitute a supply of goods and services for the purposes of the Goods and Services Tax Act 1985:

• (b) is an amalgamation under the Companies Act 1993 of the Board, NZRIB, and TAB for the purposes of the Financial Reporting Act 1993.

Nothing effected or authorised by this Act-

• (a) places NZRIB, TAB, or the Board (or a member of the governing body of those entities), or any other person, in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes any of them guilty of a civil wrong; or

• (b) gives rise to a cause of action against NZRIB, TAB, or the Board (or a member of the governing body of those entities); or

• (c) gives rise to a right for any person to-

  • (i) terminate or cancel or modify a contract or an agreement; or

  • (ii) enforce or accelerate the performance of an obligation; or

  • (iii) require the performance of an obligation not otherwise arising for performance; or

• (d) places NZRIB, TAB, or the Board (or a member of the governing body of those entities), or any other person, in breach of any enactment or rule of law or contractual provision prohibiting, restricting, or regulating the assignment or transfer or issue of any property or the disclosure of any information; or

• (e) releases any surety, wholly or in part, from all or any obligation; or

• (f) invalidates or discharges any contract or security.

The Board must perform the duties of NZRIB and TAB under sections 21, 22, 77, and 78 of the Racing Act 1971 for the racing year or part of the racing year ending on the day before the commencement of this Act.

(1) Every person employed by NZRIB or TAB immediately before the date of the commencement of this Act is, on and from that date, an employee of the Board and is employed on the same terms and conditions that applied to that employee immediately before that date.

(2) For the purposes of every enactment, law, contract, and agreement relating to the employment of a person referred to in subsection (1),-

• (a) the contract of employment of that employee that applied immediately before the commencement of this Act in respect of that person's employment by NZRIB or TAB must be treated as unbroken; and

• (b) the employee's period of service with NZRIB or TAB and every other period of service of that employee that was recognised by NZRIB or TAB as continuous service must be treated as a period of service with the Board.

(3) A person to whom subsection (1) applies is not entitled to any compensation for redundancy by reason only of the person ceasing to be employed by NZRIB or TAB.

No person is entitled to any compensation for loss of office as a member of NZRIB or TAB by reason of the abolition of those entities by this Act.

Each of the persons holding office as a member of the Judicial Control Authority or a judicial committee or an appeals tribunal immediately before the commencement of this Act continues, after that commencement, to hold office on the same terms and conditions as those on which the person held office before that commencement.