Racing Industry Bill

Racing Industry Bill

Government Bill

198—1

Explanatory note

General policy statement

In April 2018, the Minister for Racing commissioned an expert, Mr John Messara, to assess the state of the New Zealand racing industry. The Review of the New Zealand Racing Industry confirmed that the industry was in decline and that, without intervention, it was at risk of suffering irreparable damage.

This intervention began with the Racing Reform Act 2019, the first phase of a stepped change to the industry. The Racing Reform Act amended the Racing Act 2003 and the Gaming Duties Act 1971 to bring into effect a period of transition and various measures to increase the financial sustainability of the industry.

To realise the full benefits of these reforms, further legislative change is required. This Bill finalises the post-transition governance structure of the racing industry, creates a legislative framework to enable property to better benefit the racing industry, and enables new ways of seeking approval for betting products.

Given the extent of the reforms, the Bill creates a new Racing Industry Act that amalgamates the existing provisions from the Racing Act 2003, with policy decisions agreed by Cabinet in November 2019. The new Act will have a refreshed purpose that includes a focus on minimising harm from gambling and will provide a high-level overview of the industry that recognises the industry’s pivot to a more commercial orientation.

Governance of racing industry

The Bill provides the post-transitional governance structure of the racing industry, with the creation of TAB NZ as the sole betting provider for racing and sports. The Bill empowers the 3 racing codes (Thoroughbred Racing New Zealand Incorporated, Harness Racing New Zealand Incorporated, and New Zealand Greyhound Racing Association Incorporated) to effectively govern their respective industries and networks of clubs and venues, as it devolves the high-level racing functions, held by the Racing Industry Transition Agency and the New Zealand Racing Board previously, to the codes. These changes are intended to provide the industry with independence from the Government. However, the Bill includes the ability for the Minister for Racing to intervene if required.

The Bill establishes the Racing Integrity Board (RIB) as an entity independent from the racing codes that is responsible for all integrity functions and oversees a compliance arm and an adjudicative arm that operate independently of each other. The functions and powers of the RIB recognise that a sound integrity system and strong animal welfare protocols are fundamental to the sustainability of racing and betting, and the wider community’s support for the industry.

Property of racing clubs

The Bill introduces a suite of changes that will resolve historic property issues that have contributed to the decline of the industry. Two property objectives are introduced to guide decision making: the value of racing property should be retained in the industry, and the value of racing property should be used for maximum industry benefit. New provisions are introduced to support negotiations between clubs and codes on the utilisation of surplus venues. The Bill also introduces, as a backstop, a statutory decision-making process for the Minister for Racing to recommend an Order in Council to transfer property to the code. Provision is made for payments to the club and community, where these are warranted.

Betting

The Bill introduces an approval mechanism to enable consideration of new racing and sports betting products, which to date has required legislative change. This change will support opportunities to increase revenue for the racing industry and support its financial sustainability. The Bill will allow TAB NZ to seek agreement from an independent body to new betting rules, requiring that harm minimisation is prioritised in any application for a new betting rule.

The Bill introduces a focus on preventing and minimising gambling harm in the purpose statement of the Bill, to recognise the risks associated with new betting products. The Bill also provides TAB NZ with exclusive rights to the racing industry’s intellectual property used in racing betting and broadcast products in the Australian and New Zealand market.

Other matters

The Bill clarifies that racing rules made under the Bill are contractual and are not secondary legislation.

Departmental disclosure statement

The Department of Internal Affairs is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact assessment

The Department of Internal Affairs produced 2 regulatory impact assessments on 18 October 2019 and 21 November 2019 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The following provisions come into force on the day after the date on which the Bill receives the Royal assent:

  • clauses 17 and 18, which impose restrictions on racing clubs dealing with racing venues:

  • clause 5 of Schedule 1, which provides for the appointment of an establishment board for the purposes of managing the transition from the racing integrity system under the Racing Act 2003 (the 2003 Act) to the new racing integrity system established by the Bill.

Clauses 33 to 41, which relate to the Racing Integrity Board, come into force on a date to be appointed by Order in Council and, to the extent that the provisions have not earlier been brought into force, they come into force on 1 January 2022. The reason for the deferred commencement of these provisions is to provide for the orderly transition from the racing integrity system under the 2003 Act to the new racing integrity system under the Bill.

The rest of the Bill comes into force on 1 July 2020.

Part 1Preliminary provisions

Clause 3 states the purposes of the Bill. The purposes of the Bill are—

  • to reform the law relating to New Zealand racing in order to provide effective governance arrangements for the racing industry, promote the long-term viability of New Zealand racing, and facilitate betting on galloping, harness, and greyhound races, and other sporting events; and

  • to prevent and minimise harm from betting conducted under the Bill, including harm associated with problem gambling.

Clause 4 outlines the content of the Bill.

Clause 5 defines various terms used in the Bill.

Clause 6 gives effect to the transitional, savings, and related provisions set out in Schedule 1 of the Bill.

Clause 7 provides that the Bill, when enacted, binds the Crown.

Part 2Racing

Part 2 (clauses 8 to 44) deals with the conduct of racing and contains provisions relating to the 3 racing codes and racing clubs that are members of those codes, the transfer of assets and surplus racing venues of racing clubs to the racing codes, and the racing integrity system.

Subpart 1—Racing codes and clubs

Subpart 1 (clauses 8 to 20) relates to the 3 racing codes and 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.

Racing codes

Clause 8 states the functions of the racing codes.

Clauses 9 and 10 require each racing code, before the start of a racing year, to provide the Minister with a statement of intent and business plan for that racing year (and, in the case of the statement of intent, for each of the 2 subsequent racing years).

Clause 11 requires each racing code to distribute the funds it receives from TAB NZ to the racing clubs that are members of the code.

Clause 12 provides for the Minister to exercise certain powers in relation to the racing codes, including the power to appoint a body to perform any collective functions of the 3 racing codes in place of the codes and to set the appointment process for directors of the code if the Minister is satisfied on reasonable grounds that it is necessary to do so.

Clause 13 enables the Minister to appoint a Commissioner to resolve a significant disagreement between 2 or more racing codes and clause 14 provides for a levy to be imposed, by Order in Council, on a racing code relating to the appointment of the Commissioner.

Racing clubs

Clauses 15 to 20 contain specific provisions relating to racing clubs that are registered with, and members of, a racing code. The provisions—

  • require a racing club, when holding a race or race meeting, to comply with relevant racing rules made by the code (clause 15):

  • provide that a member of a racing club must not have any pecuniary interest, in their capacity as a member, in the property of the racing club (clause 16):

  • impose a restriction on racing clubs dealing with a racing venue owned by the club without the approval of the racing code with which it is registered and require the Registrar-General of Land to note the restriction on the record of title for the land comprising the venue (clauses 17 and 18):

  • provide that a racing code may make a determination that a racing club is no longer racing and, if it does so, may notify the Registrar of Incorporated Societies that the club is no longer carrying out its operations and request that the Registrar dissolve the racing club (clauses 19 and 20).

Subpart 2—Transfer of assets and surplus venues

Subpart 2 (clauses 21 to 27) provides for the transfer of racing club assets and surplus racing venues owned by racing clubs to their relevant racing codes.

Subpart 3—Racing integrity system

Subpart 3 (clauses 28 to 44) deals with matters relating to integrity in the conduct of racing and contains provisions requiring each of the racing codes to make racing rules regulating its conduct of racing, establishing the Racing Integrity Board, and relating to the appointment of inspectors to inspect racecourses and TAB venues.

Racing rules

Clauses 28 to 32 require each racing code to make, and maintain in force, rules regulating the conduct of racing rules conducted by the code, including rules controlling or prohibiting admission to racecourses. The rules must not conflict with the Bill, any Act, or the general law.

Clause 30 deals with the review, status and availability of racing rules. In particular, it clarifies that racing rules are contractual in nature and are neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012. As soon as practicable after making or amending any racing rules, a racing code must send a copy of the rules to the Minister and publish the rules on an Internet site maintained by or behalf of the code.

Racing Integrity Board

Clause 33 establishes the Racing Integrity Board (the Board).

Clause 34 states the objectives of the Board. The Board’s objectives are to promote, and ensure compliance with, high standards of integrity and professionalism by participants in the racing industry for the benefit of the public, industry participants, and the racing industry as a whole.

Clause 35 states the Board’s functions and powers.

Clause 36 provides for the membership of the Board. The Board is to consist of up to 7 members appointed by the Minister after considering nominations from each of the racing codes and TAB NZ.

Clause 37 requires TAB NZ, each racing year, to provide funding to the Board at an amount agreed between TAB NZ and the Board to enable the Board to perform its functions efficiently and effectively. If TAB NZ and the Board are unable to agree on the amount of funding required by the Board in a racing year, the amount of funding, or a method to be used for determining the amount of funding, may be prescribed by regulations made under clause 38.

Clauses 39 and 40 require the Board, before the start of a racing year, to prepare and provide the Minister with a statement of intent and a business plan relating to that year (and for the statement of intent, for each of the 2 subsequent racing years). The Board must consult each of the racing codes and TAB NZ in preparing the statement and plan.

Clause 41 provides for further provisions relating to judicial committees and appeals tribunals that may be established by the Board as set out in Schedule 2.

Inspectors

Clauses 42 to 44 provide that the chief executive of the Department responsible for the administration of the Bill (the Department of Internal Affairs) may appoint inspectors for the purpose of inspecting racecourse and TAB NZ premises, states the powers of inspectors, and creates an offence of obstructing an inspector.

Part 3TAB NZ

Part 3 (clauses 45 to 65) and Schedules 3 and 4 contain provisions relating to TAB NZ.

Clause 45 establishes TAB NZ.

Clause 46 provides for the membership of the governing body of TAB NZ. The governing body is to consist of up to 7 members appointed by the Minister after considering nominations from each of the 3 racing codes and Sport and Recreation New Zealand who, collectively, must have knowledge of, or experience in,—

  • racing and sport administration at a national level:

  • the betting industry and market:

  • preventing and minimising harm associated with gambling:

  • business, marketing, or economics.

Clause 47 provides that the objectives of TAB NZ are to facilitate and promote betting and, subject to ensuring that risks of problem gambling and underage gambling are minimised, to maximise its profits for the long-term benefit of New Zealand racing and its returns to New Zealand sports.

Clause 48 states the functions of TAB NZ under the Bill.

Clauses 49 to 54 set out accountability requirements that apply to TAB NZ. The provisions require it to—

  • prepare financial statements for each racing year and have the statements audited:

  • arrange for a performance and efficiency audit to be conducted of its operations at least once every 5 years:

  • operate in a financially responsible manner:

  • provide the Minister with a statement of intent for each racing year and each 2 subsequent racing years:

  • provide the Minister with a business plan for each racing year:

  • provide the Minister with an annual report on its proceedings and operations for each racing year.

Clause 55 provides that TAB NZ may maintain reserves.

Racing calendar

Clause 56 requires TAB NZ to establish a committee (the dates committee) to determine, before the end of each racing year, the racing calendar for the subsequent racing year and to allocate dates on which betting races will occur among racing clubs.

Clause 57 enables the dates committee to change racing dates and allocations under clause 56.

Betting licences

Clause 58 requires TAB NZ to issue betting licences to racing clubs to whom racing dates have been allocated.

Clause 59 provides for the amendment and revocation of betting licences issued under clause 58.

Clause 60 prohibits betting licences from being issued for races on Easter Sunday, Christmas Day, Good Friday, or before 1 pm on Anzac Day.

Distribution of TAB NZ surpluses and betting profits

Clauses 61 to 63 provide that TAB NZ may distribute amounts of its surpluses and betting profits to the racing codes. Regulations made under clauses 61 and 63 may prescribe the method to be used for determining the amounts that may be distributed and, in the case of betting profits, that may be retained by TAB NZ.

Miscellaneous

Clause 64 provides that TAB NZ may make rules regulating its proceedings and providing for any matters relating to its functions, duties, or powers.

Clause 65 provides that TAB NZ may, with the approval of the Minister, promote, conduct, or control race meetings and be issued with a betting licence for that purpose.

Part 4Betting and TAB venues

Part 4 (clauses 66 to 95) relates to betting and TAB venues.

Subpart 1—Betting

Subpart 1 (clauses 66 to 85) authorises TAB NZ to conduct racing betting and sports betting under the Bill and contains related provisions.

Clause 66 provides that TAB NZ may conduct racing betting or sports betting (or a combination of both) under the Bill.

Clause 67 provides that racing clubs may conduct equalisator betting under the Bill.

Racing betting

Clause 68 provides that TAB NZ may make betting rules providing for the establishment of a system (or systems) of racing betting conducted by TAB NZ.

Clause 69 requires TAB NZ to apply the revenue it receives from conducting racing betting towards refunding bets, paying goods and services tax and totalisator duty, distributing betting profits, and paying its costs and expenses incurred in performing and exercising its functions, duties, and powers in relation to racing betting under the Bill.

Sports betting

Clause 70 provides that TAB NZ may make sports betting rules providing for the establishment of a system (or systems) of sports betting conducted by TAB NZ.

Clauses 71 and 72 provide that TAB NZ may not conduct sports betting on sporting events without the written agreement of the appropriate New Zealand national sporting organisation and may enter into agreements with national sporting organisations for the purpose of conducting such betting.

Clause 73 provides that TAB NZ may, for the purposes of operating a sports betting system, use any offices, agencies, or equipment used for operating racing betting.

Clause 74 requires TAB NZ to apply the revenue it receives from conducting sports betting under the Bill towards refunding bets, paying goods and services tax and totalisator duty, distributing betting profits, paying amounts to New Zealand national sporting organisations and Sport and Recreation New Zealand with which it has agreements, and paying its costs and expenses incurred in performing and exercising its functions, duties, and powers in relation to sports betting under the Bill.

Other racing or sports betting

Clause 75 provides that TAB NZ may make rules relating to any other type of racing or sports betting conducted by TAB NZ, being a type of racing betting or sports betting not conducted by TAB NZ before the commencement of the Bill. The rules must be approved by an independent body (as prescribed by regulations made under clause 123) before coming into effect.

General provisions

Clause 76 deals with deductions from totalisator betting carried out by TAB NZ.

Clause 77 deals with the review, status and availability of betting rules made by TAB NZ. The provision clarifies that betting rules are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012. As soon as practicable after making or amending betting rules, TAB NZ must send a copy of the rules to the Minister and publish the rules on an Internet site maintained by or on behalf of TAB NZ.

Clause 78 relates to amounts of dividends and provides that, except in specified circumstances, TAB NZ must not pay out a dividend amount that is less than the amount bet on which the dividend is payable and that dividends may be rounded.

Clause 79 authorises TAB NZ to operate a totalisator or other betting system for the purpose of, or in conjunction with, any class 3 gambling conducted by a society that holds a class 3 gambling licence under the Gambling Act 2003.

Clause 80 authorises TAB NZ to amalgamate the amount available for an event (or events) for which racing betting or sports betting is to be conducted under the Bill with amounts available from overseas betting systems to form a combined dividend pool.

Clause 81 provides that TAB NZ has exclusive rights within New Zealand and Australia to all intellectual property associated with racing betting information, racing betting systems, and any audio or visual content derived from a New Zealand race.

Clause 82 creates offences relating to underage betting. A person commits an offence if the person, being under 18 years, makes a bet (whether on their own or another person’s behalf) or if the person makes a bet on behalf of any person under 18 years. A member, officer, agent, or employee of a racing club, TAB NZ, or an agent of TAB NZ also commits an offence if they receive (or permit to be received) any bets made by or on behalf of a person under 18 years.

Clause 83 authorises a constable and any member, officer, agent, or employee of a racing club or TAB NZ to require a person to produce an evidence of age document if they have reasonable grounds to believe that the person is committing or attempting to commit an offence against clause 82(1)(a).

Clause 84 confirms that betting contracts authorised by or under the Bill are enforceable at law.

Clause 85 provides that TAB NZ or a racing club may refuse to accept bets without giving any reason for doing so.

Subpart 2—TAB NZ venues

Subpart 2 (clauses 86 to 95) deals with gambling conducted at TAB venues and requires TAB NZ to pay a problem gambling levy.

Clauses 86 to 90 require TAB NZ to apply for territorial authority consent if it proposes to establish a TAB venue and for it to adopt a venue policy in accordance with the special consultative procedure under the Local Government Act 2002 and to review the policy every 3 years.

Regulations relating to TAB NZ operations

Clauses 91 to 93 authorise regulations to be made under the Bill providing for matters relating to TAB NZ’s operations, including regulations dealing with harm prevention and minimisation in respect of gambling conducted by TAB NZ, controlling or prohibiting admission to TAB venues, and excluding problem gamblers from TAB venues.

Problem gambling levy

Clause 94 requires TAB NZ to pay a problem gambling levy under the Gambling Act 2003 and regulations made under that Act.

Clause 95 requires TAB NZ to provide the chief executive of the Department of Internal Affairs with any information required by the chief executive for specified purposes associated with the Gambling Act 2003 or necessary for calculating, administering, and collecting the problem gambling levy from TAB NZ.

Part 5Offshore betting charges and other matters

Part 5 (clauses 96 to 125) deals with offshore betting charges and other matters.

Subpart 1—Offshore betting charges

Subpart 1 (clauses 96 to 119) requires offshore betting operators to pay charges in New Zealand in respect of bets that they take on racing and sporting events held in New Zealand and from bets that they take from people located in New Zealand.

Preliminary

Clause 96 states the purpose of subpart 1 and contains an overview of its provisions.

Clause 97 relates to the territorial scope of subpart 1 and provides that its provisions apply to offshore betting operators regardless of where an offshore betting operator is resident or incorporated.

Clause 98 defines terms used in subpart 1.

Clause 99 provides that the Department responsible for the administration of the Bill (the Department of Internal Affairs) is the designated authority for the 2 schemes for offshore betting charges set out in subpart 1. The 2 schemes are the scheme for betting information use charges and the scheme for consumption charges.

Clause 100 provides that the Department may delegate its functions or powers for either or both of the schemes for offshore betting charges to another entity.

Betting information use charges

Clauses 101 to 104 relate to the scheme for betting information use charges. The provisions require an offshore betting operator to enter into a betting information use agreement with the designated authority that requires the operator to pay betting information use charges to the designated authority for the operator’s use of New Zealand racing and sports betting information.

Consumption charges

Clauses 105 to 107 relate to the scheme for consumption charges and require an offshore betting operator to pay consumption charges to the designated authority in respect of bets that the operator takes on racing and sporting events (whether held in or outside New Zealand) from persons with a registered address in New Zealand.

General provisions

Clauses 108 to 118 contain general provisions relating to offshore betting charges, including providing that the Minister may set the rates of charges and exempt a person from paying charges, and providing for penalties to be imposed for a failure to pay the charges.

Clause 119 authorises regulations to be made under the Bill relating to offshore betting.

Subpart 2—Other matters

Subpart 2 (clauses 120 to 125) deals with other miscellaneous matters.

Clause 120 restricts the use of certain names by persons other than TAB NZ and the 3 racing codes.

Clause 121 provides that TAB NZ is an organisation for the purposes of the Official Information Act 1982 and that Act applies to it accordingly.

Clause 122 provides that the Crown is not liable to contribute to the payment of any debts or liabilities of TAB NZ, the Racing Integrity Board, or any judicial committee or appeals tribunal established by the Board.

Clause 123 authorises the making of other regulations for the purposes of the Bill.

Consequential amendments, repeal, and revocation

Clause 124 makes consequential amendments to other enactments as set out in Schedule 5.

Clause 125 repeals the Racing Act 2003 and revokes the Racing (New Zealand Greyhound Racing Association Incorporated) Order 2009, which applied the racing judicial system under the 2003 Act to that code.

Rt Hon Winston Peters

Racing Industry Bill

Government Bill

198—1

Contents

Explanatory note
1Title
2Commencement
3Purposes
4Outline
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Functions of racing codes
9Racing codes must prepare statement of intent
10Racing codes must prepare business plan
11Racing codes must distribute funds received from TAB NZ to racing clubs
12Ministerial powers in relation to racing codes
13Minister may appoint Commissioner to resolve significant disagreement between racing codes
14Levy relating to appointment of Commissioner
15Racing clubs must comply with racing rules
16No pecuniary interest in club property
17Restriction on dealing with racing venue
18Restriction on dealing must be recorded on record of title
19Racing code may determine that racing club is no longer racing
20Racing club no longer racing may be dissolved
21Interpretation
22Transfer of assets on dissolution of club
23Transfer of assets if racing clubs combine
24Transfer of surplus venue by agreement
25Transfer of surplus venues by Order in Council
26Minister must have regard to certain matters and appoint reviewer before recommending order
27Effect of transfer of surplus venue
28Racing rules
29Amendment of racing rules
30Review, status, and availability of racing rules
31Rules controlling or prohibiting admission to racecourses
32Rules must not conflict with any Act or general law
33Racing Integrity Board established
34Objectives of Board
35Functions and powers of Board
36Board members
37Funding of Board
38Regulations relating to funding
39Board must prepare statement of intent
40Board must prepare business plan
41Further provisions relating to judicial committees and appeals tribunals
42Chief executive may appoint inspectors
43Powers of inspector
44Obstructing inspector
45TAB New Zealand established
46Governing body of TAB NZ
47Objectives of TAB NZ
48Functions of TAB NZ
49Accounts and audit
50Performance and efficiency audit
51TAB NZ must operate in financially responsible manner
52TAB NZ must prepare statement of intent
53TAB NZ must prepare business plan
54Annual report
55TAB NZ may maintain reserves
56Determination of racing calendar and allocation of racing dates
57Change of racing dates, allocations, or conditions
58Issue of betting licences
59Amendment or revocation of betting licence
60No racing on certain days
61Regulations for amounts of distribution to codes
62Distribution to codes
63Regulations relating to distribution from betting profits
64TAB NZ rules
65TAB NZ may conduct race meetings
66TAB NZ may conduct betting
67Racing clubs may conduct equalisator betting
68Racing betting rules
69Application of revenue from racing betting
70Sports betting rules
71Agreements with national sporting organisations
72Agreements with Sport and Recreation New Zealand
73Use of facilities
74Application of revenue from sports betting
75Rules relating to other racing or sports betting conducted by TAB NZ
76Deductions for totalisator betting
77Review, status, and availability of betting rules
78Amounts of dividends
79Use of betting systems for gaming purposes
80Amalgamation with overseas betting systems
81Protection of intellectual property rights
82Offences relating to underage betting
83Power to require particulars
84Betting contracts enforceable
85Bets may be refused
86When territorial authority consent is required
87Application for territorial authority consent
88Considering and determining application for territorial authority consent
89Territorial authority must adopt TAB venue policy
90Adoption and review of TAB venue policy
91Regulations relating to harm prevention and minimisation
92Regulations relating to admission to and exclusion from TAB venues
93Regulations relating to exclusion of problem gamblers from TAB venues and racecourses
94TAB NZ must pay problem gambling levy
95TAB NZ must provide information to chief executive
96Purpose and overview
97Territorial scope
98Interpretation
99Designated authority for each scheme
100Delegation
101Requirements on offshore betting operators before using New Zealand racing and sporting information
102Terms and conditions of betting information use agreement
103Minister must set rates of betting information use charges
104Power to enforce betting information use agreement
105Requirement to pay consumption charges
106Minister must set rates of consumption charges
107Information to be provided relating to consumption charges
108Further provisions relating to setting rates of charges
109Review of rates
110Certain offshore betting operators not liable for charges
111Application of money received from offshore betting charges
112Minister may grant exemptions
113Status and publication of exemption notices
114Penalties
115Maximum amount of penalties
116Recovery of outstanding charges and penalties
117Obligation to pay penalty not suspended by review or legal proceedings
118Appeal to District Court
119Regulations for offshore betting
120Restriction on use of certain names
121Application of Official Information Act 1982
122Crown not liable for debts
123Other regulations
124Consequential amendments
125Repeal and revocation

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Racing Industry Act 2019.

2 Commencement

(1)

Sections 17 and 18 and clause 5 of Schedule 1 come into force on the day after the date on which this Act receives the Royal assent.

(2)

Sections 33 to 41 come into force on a date to be appointed by the Governor-General by Order in Council.

(3)

To the extent that they have not earlier been brought into force under subsection (2), sections 33 to 41 come into force on 1 January 2022.

(4)

The rest of this Act comes into force on 1 July 2020.

Part 1 Preliminary provisions

3 Purposes

The purposes of this Act are to—

(a)

reform the law relating to New Zealand racing in order to—

(i)

provide effective governance arrangements for the racing industry; and

(ii)

promote the long-term viability of New Zealand racing; and

(iii)

facilitate betting on galloping, harness, and greyhound races, and other sporting events; and

(iv)

ensure that the value of racing property is retained in the industry and is used for maximum industry benefit; and

(b)

prevent and minimise harm from gambling conducted under this Act, including harm associated with problem gambling.

4 Outline

(1)

Part 1 states the purposes of the Act, defines certain terms used in the Act, and contains other preliminary provisions.

(2)

Part 2 relates to the governance, administration, and conduct of New Zealand racing and contains provisions that—

(a)

state the functions of the 3 racing codes in relation to racing clubs, racing venues, and participants; and

(b)

set out accountability requirements that apply to the racing codes; and

(c)

support the transfer of surplus venues of racing clubs to the racing codes with which they are registered by agreement and enable the vesting of surplus venues in the codes by Order in Council if agreement cannot be reached; and

(d)

provide for the dissolution of racing clubs that are no longer racing; and

(e)

require each racing code to have racing rules regulating the conduct of racing by the code and require racing clubs and participants registered with the codes to comply with those rules; and

(f)

establish the Racing Integrity Board to oversee the racing integrity system in respect of the conduct of racing; and

(g)

provide for the appointment of inspectors to inspect racecourses and premises of TAB NZ.

(3)

Part 3 establishes TAB NZ and contains related provisions.

(4)

Part 4 deals with betting conducted by TAB NZ and racing clubs under this Act and gambling conducted by TAB NZ at its venues.

(5)

Part 5 provides for the collection of charges from offshore betting operators and other matters, including the repeal of the Racing Act 2003, consequential amendments to other enactments, and miscellaneous matters.

5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

approved evidence of age document has the same meaning as in section 5(1) of the Sale and Supply of Alcohol Act 2012

assets

(a)

means any real or personal property of any kind, whether or not subject to rights; and

(b)

includes (without limitation)—

(i)

any estate or interest in any land, including all rights of occupation of land or buildings:

(ii)

all buildings, vehicles, plant, equipment, and machinery, and any rights relating to those things:

(iii)

all financial products within the meaning of the Financial Markets Conduct Act 2013:

(iv)

all rights of any kind, including rights under an Act or agreement, and all applications for and objections against applications for such rights:

(v)

goodwill, and any business undertaking:

(vi)

all patents, designs, copyright, know-how, trade secrets, trade marks, service marks, and other intellectual or industrial property rights of any kind, and any rights in relating to those things, whether enforceable by Act or rule of law

bet means a bet made with TAB NZ (whether directly or through a racing club or other agent) or a racing club conducting equalisator betting

betting

(a)

means racing betting, sports betting, or other racing or sports betting conducted by TAB NZ under this Act; and

(b)

includes (without limitation) selections made by, with the assistance of, or by means of, computer equipment, a telephone betting account, or any other financial facility, or a combination of those things

betting licence means a licence issued by TAB NZ to a racing club that authorises the club to hold betting races on a specified date

betting race means a race in respect of which racing betting may occur

betting rules means racing betting rules, sports betting rules, or other racing or sports betting rules made by TAB NZ under subpart 1 of Part 4

chairperson, in relation to a racing code, includes a president of the code and any other person acting in a similar capacity

chief executive, except in clauses 26 and 27 of Schedule 3, means the chief executive of the department for the time being responsible for the administration of this Act

constitution, in relation to a racing code or racing club, means the rules or other constitutional document of the code or club

dates committee means the committee established by TAB NZ under section 56

Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

equalisator betting means a form of betting in which a number of persons bet on the outcome of a race (or races) and in which the sum of the contributors’ bets, except for the deductions that are required to, or may, be made under this Act, is paid to the persons who, as a result of a ballot held after the close of betting and before the start of each race, draw the horses or greyhounds that subsequently fill dividend-bearing places in that race

expenses includes costs and charges

galloping race

(a)

means a horse race in which each competing horse normally moves at a gait commonly known as galloping; and

(b)

includes a race in which each competing horse has to jump a series of hurdles or fences or other obstacles

governing body, in relation to TAB NZ, means the governing body appointed under section 46

greyhound race means a competitive pursuit of a lure by 2 or more greyhounds

harm has the same meaning as in section 4(1) of the Gambling Act 2003

harness race means a horse race in which each competing horse normally moves at a gait commonly known as pacing or trotting

hunt club means a club, association, or other body of persons (whether incorporated or not) that—

(a)

is established for the purpose of promoting and conducting the sport of hunting, but that also conducts hunt race meetings; and

(b)

is registered with a racing code in accordance with the constitution of that code

liabilities includes—

(a)

liabilities and obligations under any Act or agreement; and

(b)

deposits and other debt securities within the meaning of the Financial Markets Conduct Act 2013; and

(c)

contingent liabilities

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

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 actually receives the support

New Zealand sporting event means a sporting event—

(a)

held in New Zealand; and

(b)

declared by rules made under section 70(2)(c) to be a New Zealand sporting event for the purposes of this subpart; and

(c)

to which one of the following applies:

(i)

the event is held under the auspices or control of a New Zealand national sporting organisation:

(ii)

there is a sports betting agreement entered into under section 72 between TAB NZ and Sport and Recreation New Zealand in respect of the sport concerned

other racing or sports betting means any type of racing betting or sports betting that was not conducted by TAB NZ before the commencement of Part 4

participant

(a)

means a person registered with a racing code; and

(b)

includes (without limitation)—

(i)

a trainer, jockey, driver, stablehand, or a person working at a greyhounds’ kennel:

(ii)

a breeder of thoroughbreds, standardbred horses, or greyhounds:

(iii)

an owner (or part-owner), leasor (or part-leasor) of a thoroughbred, standardbred horse, or greyhound owned or leased with the intention of entering a race:

(iv)

a person who otherwise deals with animals used for thoroughbred racing, harness racing, or greyhound racing:

(v)

a member of a racing club

partnering arrangement means an arrangement entered into by TAB NZ and another person that provides for a substantial proportion of any 1 or more of TAB NZ’s betting, broadcasting, or gaming functions set out in section 48(1)(c) to be carried out by that person

problem gambler has the same meaning as in section 4(1) of the Gambling Act 2003

race means a galloping race, harness race, or greyhound race

race meeting means a meeting held on a day for the purpose of conducting races and for which a betting licence has been granted

racecourse means land and premises used for race meetings

racing betting means the types of betting (including totalisator racing betting, equalisator betting, and fixed-odds betting) conducted by, or on behalf of, TAB NZ on any race (or races) run at 1 or more racecourses within or outside New Zealand, or both, or on any contingency arising from a sequence of races, and whether the betting takes place on or off a racecourse and within or outside New Zealand

racing betting information means information relating to any race held in New Zealand

racing betting rules means rules relating to racing betting made under section 68

racing calendar means the racing calendar determined for a racing year under section 56(2)(a)

racing club or club

(a)

means any club, association, or other body of persons (whether incorporated or not) that is established for the purpose of promoting, conducting, and controlling races and that is or was registered with a racing code in accordance with the constitution of that code; and

(b)

includes a hunt club

racing code or code means each of the following:

(a)

New Zealand Thoroughbred Racing Incorporated:

(b)

Harness Racing New Zealand Incorporated:

(c)

New Zealand Greyhound Racing Association Incorporated

racing rules, in relation to a racing code, means rules made by the code for the purposes of section 28 together with any amendments made under section 29

racing venue

(a)

means any land or buildings owned by a racing club and used (or previously used) by the club for promoting, conducting, or controlling race meetings; and

(b)

includes a racecourse and any associated land or buildings (for example, race stands, club rooms, or car parks)

racing year means a period of 12 months ending on 31 July

recognised industry organisation means,—

(a)

in relation to galloping races,—

(i)

New Zealand Thoroughbred Racing Incorporated; and

(ii)

New Zealand Racehorse Owners Federation Incorporated; and

(iii)

New Zealand Thoroughbred Breeders Association Incorporated; and

(iv)

New Zealand Trainers Association; and

(v)

New Zealand Jockeys’ Association; and

(vi)

every racing club registered with New Zealand Thoroughbred Racing Incorporated:

(b)

in relation to harness races,—

(i)

Harness Racing New Zealand Incorporated; and

(ii)

New Zealand Standardbred Breeders Association Incorporated; and

(iii)

New Zealand Trotting Owners Association Incorporated; and

(iv)

New Zealand Harness Racing Trainers and Drivers Association Incorporated; and

(v)

every racing club registered with Harness Racing New Zealand Incorporated:

(c)

in relation to greyhound races,—

(i)

the New Zealand Greyhound Racing Association Incorporated; and

(ii)

every racing club registered with the New Zealand Greyhound Racing Association Incorporated

Registrar means the Registrar of Incorporated Societies appointed under section 32 of the Incorporated Societies Act 1908

Registrar-General means the Registrar-General of Land appointed under section 231 of the Land Transfer Act 2017

rights includes (without limitation) powers, privileges, interests, licences, approvals, consents, benefits, and equities of any kind, whether actual, contingent, or prospective

sporting event means any lawful organised game, competition, or other event involving human competitors, held in or outside New Zealand, to which one of the following applies:

(a)

a New Zealand national sporting organisation administers the sport concerned in New Zealand:

(b)

there is a New Zealand national sporting organisation under whose auspices or control the event is conducted (or, in the case of an event held outside New Zealand, under whose auspices or control the event would be conducted if it were held in New Zealand):

(c)

there is an agreement in accordance with section 72(2) and (3) between TAB NZ and Sport and Recreation New Zealand that relates to the sport concerned

sports betting means the types of betting (including totalisator betting and fixed-odds betting) conducted by, or on behalf of, TAB NZ on any sporting event (or events) held within or outside New Zealand, or on any contingency arising from a sequence of sporting events, whether held within or outside New Zealand, or both, and whether the betting takes place at the event or not and within or outside New Zealand

TAB New Zealand or TAB NZ means the body established by section 45 to conduct racing betting and sports betting under this Act

TAB NZ member means a member of the governing body of TAB NZ

TAB operator means a person supervising a TAB venue

TAB venue means premises owned or leased by TAB NZ and where the main business carried on at the premises is providing racing betting or sports betting services under this Act

territorial authority

(a)

has the same meaning as in section 5(1) of the Local Government Act 2002; but

(b)

does not include the Minister of the Crown who is, for the time being, responsible for that Act

territorial authority consent means consent granted by a territorial authority under section 88

territorial authority district means a district in respect of which a territorial authority is constituted

totalisator racing betting means a form of betting in which—

(a)

bets are made by means of a totalisator on horses or greyhounds competing in 1 or more races; and

(b)

the dividends payable are determined in the manner prescribed by the relevant racing betting rules.

(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 section 2(1), whether or not the body subsequently changes its name, and nothing in this Act prevents the body from changing its name.

(3)

The Governor-General may, by Order in Council made on the recommendation of the Minister, amend the definition of recognised industry organisation in subsection (1) by—

(a)

adding the name of an organisation to it; or

(b)

omitting the name of a organisation from it; or

(c)

replacing the name of an organisation with any different name.

Compare: 2003 No 3 s 5

6 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

7 Act binds the Crown

This Act binds the Crown.

Compare: 2003 No 3 s 6

Part 2 Racing

Subpart 1—Racing codes and clubs

Racing codes

8 Functions of racing codes

(1)

The functions of each racing code are—

(a)

to govern racing clubs, racing venues, and participants including by—

(i)

monitoring the performance and finances of those racing clubs and racing venues and their approach to managing risks to health and safety under the Health and Safety at Work Act 2015:

(ii)

approving the constitution of a racing club and any amendments to it:

(iii)

registering (and deregistering) racing clubs and participants with the code:

(b)

to develop racing rules (and any amendments to those rules) in respect of racing conducted by the code in consultation with TAB NZ and the Racing Integrity Board:

(c)

to develop and implement animal welfare policies in respect of racing conducted by the code:

(d)

to distribute revenue from racing conducted by the code to racing clubs registered with the code:

(e)

to collaborate with the other racing codes to achieve the objectives of the racing industry as a whole.

(2)

In carrying out its functions, each racing code must—

(a)

comply with the rules of natural justice; and

(b)

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

Compare: 2003 No 3 s 9(2)

9 Racing codes must prepare statement of intent

(1)

Before the start of a racing year, each racing code must prepare and provide to the Minister a statement of intent 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 TAB NZ to racing clubs registered with the code in accordance with section 11; 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)

The Minister must present the statement of intent to the House of Representatives as soon as practicable after receiving the statement.

Compare: 2003 No 3 s 23

10 Racing codes must prepare business plan

(1)

Before the start of a racing year, each racing code must prepare and provide to the Minister a business plan relating to that racing year.

(2)

The Minister must present the business plan to the House of Representatives as soon as practicable after receiving the plan.

11 Racing codes must distribute funds received from TAB NZ to racing clubs

(1)

Each racing code is responsible for distributing among the racing clubs registered with the code the amounts received by it from TAB NZ under section 62.

(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)

TAB NZ may, under an agreement with a racing code, pay to a racing club the whole or part of an amount payable by it to the code under section 62.

(4)

Any amount paid under subsection (3) must be treated as having been paid by TAB NZ to the code under section 62 and by the code to the club in accordance with subsections (1) and (2).

Compare: 2003 No 3 s 25

12 Ministerial powers in relation to racing codes

(1)

The Minister may, on joint written request of the racing codes, appoint a body by notice in the Gazette to perform any or all of the collective functions of the codes under section 8(1) in place of the codes for a specified period or indefinitely.

(2)

The Minister may, by written notice, set the appointment process for the directors of a racing code if the Minister is satisfied on reasonable grounds that it is necessary to do so.

(3)

Subsection (2) applies despite anything in the racing code’s constitution.

13 Minister may appoint Commissioner to resolve significant disagreement between racing codes

(1)

The Minister may, by written notice, appoint a Commissioner to resolve a significant disagreement between any 2 or more racing codes.

(2)

A notice under subsection (1) must state—

(a)

the date on which the appointment takes effect; and

(b)

the name of the person appointed as Commissioner.

(3)

The Minister must not exercise the power to appoint a Commissioner unless the Minister has—

(a)

consulted the racing codes and, as appropriate, TAB NZ over the possible need to appoint a Commissioner; and

(b)

after that consultation, given the racing codes written notice of the Minister’s preliminary decision that a Commissioner should be appointed to resolve the disagreement; and

(c)

given the racing codes at least working 20 days in which to respond to the preliminary decision; and

(d)

considered any submissions made by the racing codes in relation to the proposed appointment of a Commissioner.

(4)

A decision made by a Commissioner appointed under subsection (1) is binding on the racing codes.

14 Levy relating to appointment of Commissioner

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations imposing a levy on any 1 or more racing codes relating to the appointment of a Commissioner under section 13(1).

(2)

Without limiting subsection (1), the regulations may—

(a)

prescribe the amount or a method of calculating the amount of levy payable by the racing code or codes, and may prescribe different amounts, or different methods of calculating the amounts payable; and

(b)

prescribe when the levy is payable; and

(c)

designate the agency that will administer the levy and, if that agency is the Department, the regulations may authorise the Department to delegate all or specified aspects of the levy’s collection and use to another body; and

(d)

require a racing code to supply, on request by the agency responsible for administering the levy, information on any matter that is necessary to determine or verify the amount of levy payable by the racing code.

(3)

Before making a recommendation under subsection (1), the Minister must consult the relevant racing code or codes.

Racing clubs

15 Racing clubs must comply with racing rules

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

Compare: 2003 No 3 s 33

16 No pecuniary interest in club property

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

Compare: 1971 No 155 s 34(1); 2003 No 3 s 26

17 Restriction on dealing with racing venue

(1)

Despite any provision to the contrary in a racing club’s constitution, the racing club must obtain the written approval of the racing code with which it is registered before—

(a)

transferring or vesting the fee simple estate in the land comprising a racing venue owned by the club:

(b)

leasing, mortgaging, giving a security interest in, or otherwise dealing with the land that comprises a racing venue owned by the club:

(c)

extending any encumbrances in respect of the land that comprises a racing venue owned by the club.

(2)

A racing code may grant approval under subsection (1) generally or specifically and subject to any conditions that the code thinks fit.

(3)

The Governor-General may, by Order in Council made on the recommendation of the Minister, specify the date on which the restriction set out in subsection (1) ceases to apply to racing clubs registered with the relevant racing code.

18 Restriction on dealing must be recorded on record of title

(1)

This section applies in respect of any land comprising a racing venue to which section 17 applies.

(2)

The Registrar-General must, as soon as practicable after receiving notification from the relevant racing code, record on or remove from the record of title for the land that it is subject to section 17(1).

19 Racing code may determine that racing club is no longer racing

(1)

A racing code may make a determination that a racing club registered or previously registered with the code is no longer racing for the purposes of this Act if—

(a)

the racing club has not promoted, conducted, or controlled any race meetings in the previous racing year; or

(b)

for a racing club that has promoted, conducted, or controlled any race meetings in the previous racing year, the club—

(i)

has notified the code in writing that it does not intend to conduct racing in the future; or

(ii)

is no longer registered with the racing code or is failing or has failed to meet the criteria set by the code for continued registration with the code; or

(c)

the racing code considers that the club is no longer racing for any other reason.

(2)

Before making a determination under subsection (1), the racing code must—

(a)

give the racing club written notice of its preliminary determination that the club is no longer racing, including the reasons for the determination; and

(b)

give the racing club at least 40 working days in which to respond to the preliminary determination; and

(c)

consider any submissions made by the racing club in relation to the preliminary determination.

(3)

After complying with subsection (2), the racing code must—

(a)

make a final determination about whether the racing club is no longer racing for the purposes of this Act; and

(b)

give written notice to the racing club of its final determination, including the reasons for the determination.

20 Racing club no longer racing may be dissolved

(1)

This section applies if a racing code makes a final determination under section 19(3) that a racing club is no longer racing.

(2)

The racing code may notify the Registrar that the club is no longer carrying out its operations and request that the Registrar exercise the Registrar’s powers to dissolve the racing club under section 28(1)(a) of the Incorporated Societies Act 1908 or section 26(1)(a) of the Charitable Trusts Act 1957 (as the case may be).

(3)

If the Registrar receives a notification under subsection (2), the Registrar must make a declaration of dissolution in respect of the club.

Subpart 2—Transfer of assets and surplus venues

21 Interpretation

In this subpart, unless the context otherwise requires,—

surplus racing venue or surplus venue

(a)

means a racing venue owned by a racing club determined by the racing code with which the club is registered to be a surplus venue; but

(b)

does not include any land that is a reserve under the Reserves Act 1977 or any buildings on reserve land under that Act

transfer includes—

(a)

to assign and convey; and

(b)

to confer estates in fee simple of land held by a racing club; and

(c)

to grant rights in respect of any assets or liabilities; and

(d)

to vest by Order in Council under section 25.

Transfer of assets

22 Transfer of assets on dissolution of club

(1)

This section applies if a racing club is dissolved by any means (including under section 20(3)).

(2)

Subject to section 23, the assets of the racing club remaining after all creditors’ claims on the club have been satisfied vest in the racing code with which the club was registered.

(3)

The code must consider whether any action (for example, a payment) is warranted to recognise the community interest (if any) in the racing venue or venues of the racing club that are vested in the code.

23 Transfer of assets if racing clubs combine

(1)

This section applies if 2 or more racing clubs propose to combine to form 1 club.

(2)

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 to the club with which it proposes to combine.

Compare: 1971 No 155 s 34(3); 2003 No 3 s 27(5)

Transfer of surplus venues

24 Transfer of surplus venue by agreement

(1)

A racing club may, by written agreement with the racing code with which it is registered, transfer a surplus venue owned by the racing club to that code.

(2)

To the extent that an agreement entered into under subsection (1) is inconsistent with the provisions or requirements (if any) of the racing club’s constitution, the agreement prevails.

(3)

When conducting negotiations for the transfer of a surplus venue, the racing code and racing club must comply with the prescribed process or criteria (if any) in relation to the transfer of surplus venues under this subpart.

25 Transfer of surplus venues by Order in Council

(1)

This section applies if a racing code has made a reasonable attempt to negotiate the transfer of a surplus venue owned by a racing club (or clubs) to the code by agreement but—

(a)

the club (or clubs) has refused to enter into negotiations for the transfer; or

(b)

no agreement on the transfer has been reached.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Minister,—

(a)

approve a proposal prepared by the racing code relating to the transfer of the surplus venue to the code (a transfer proposal), with or without modification; and

(b)

state the date on which the transfer takes effect (the transfer date).

(3)

A transfer proposal referred to in subsection (2) may be prepared by the code on its own initiative or at the request of the Minister.

(4)

The transfer proposal must—

(a)

state the names of the relevant racing code and racing club (or clubs); and

(b)

contain a description of the 1 or more surplus venues or identify a means by which, or a document in which, the surplus venues are described; and

(c)

state whether either or both of the following payments are warranted and should be made by the code following the transfer:

(i)

a payment to the relevant club (or clubs) to enable it to race at another venue:

(ii)

a payment to any person in recognition of a community interest in the surplus venue.

(5)

If the transfer proposal is approved under subsection (2),—

(a)

the surplus venue vests in the racing code on the transfer date, subject to any interests or encumbrances in existence on that date; and

(b)

the code must make any payment referred to in subsection (4)(c)(i) or (ii) that is warranted to be made.

(6)

The Governor-General may, by Order in Council made on the recommendation of the Minister, approve an amendment to a transfer proposal approved under subsection (2) and, if approved, the amendment takes effect on a date specified in the order (which may be the transfer date or any later date).

(7)

An Order in Council made under this section must identify the transfer proposal or amendment approved, but need not incorporate it in the order.

26 Minister must have regard to certain matters and appoint reviewer before recommending order

(1)

In determining whether to recommend the making of an order under section 25, the Minister must have regard to the following matters:

(a)

the purpose of this Act set out in section 3(a)(iv):

(b)

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):

(c)

whether the surplus venue is used by members of the local community for not-for-profit purposes (for example, sporting or other community purposes):

(d)

whether the surplus venue is used by clubs that do not have a proprietary interest in the venue:

(e)

the ownership and value of any buildings or facilities situated on or at the surplus venue and the likely cost of their removal (if applicable):

(f)

any other matters that the Minister considers relevant to achieving the purposes of this Act.

(2)

In addition, before determining whether to recommend the making of an order, the Minister must—

(a)

appoint a person with relevant knowledge and experience (a reviewer) to review the transfer proposal; and

(b)

have regard to any recommendations made by the reviewer about whether the transfer proposal should be approved or approved with modifications.

(3)

In reviewing the transfer proposal, the reviewer must invite submissions regarding the transfer proposal from the relevant racing code and racing club (or clubs) or any other person that the reviewer thinks fit.

(4)

If the reviewer recommends that the transfer proposal be approved (either with or without modification), the reviewer must advise the Minister about whether any payment referred to in section 25(4)(c)(i) or (ii) should be made by the code on the transfer.

(5)

The costs of a review carried out under subsection (2)

(a)

must be paid by the racing code, the racing club, and, as appropriate, any other person involved in the review in the amount or proportion (if any) determined by the Minister on the advice of the reviewer; and

(b)

are recoverable as a debt due to the Crown in any court of competent jurisdiction.

(6)

The Minister may refuse to make a recommendation for an order under section 25(2) if the Minister considers that it is appropriate in the circumstances for the parties to undertake or resume negotiations for the transfer of the surplus venue by agreement.

27 Effect of transfer of surplus venue

(1)

This section applies to a transfer proposal approved by Order in Council made under section 25 and the transfer of a surplus venue under that proposal.

Transfer not affected by requirements for additional consents

(2)

The transfer is not affected by, and may proceed regardless of, any requirements for additional consents under any enactment or agreement.

Transfer without consideration

(3)

The transfer proposal may provide that the racing club is to transfer the surplus venue to the racing code without receiving in return any, or an equivalent, asset.

Trusts

(4)

Any trusts applying to the surplus venue are extinguished on the transfer date.

Restrictions on use of proceeds from sale of venue

(5)

The transfer proposal may impose restrictions on, or requirements relating to, the use of the surplus venue or on the use of proceeds from any sale of the surplus venue (for example, requiring the proceeds to be used for the purposes of developing or maintaining other racing venues).

Registration of ownership and record of title

(6)

Subsection (7) applies to a surplus venue vested under this subpart, but only to the extent that the surplus venue is all of the land contained in a record of title for a fee simple estate.

(7)

The Registrar-General must, on written application by a person authorised by the Minister,—

(a)

register the racing code as the owner of the fee simple estate in the surplus venue in substitution of the racing club; and

(b)

record any entry on the record of title and do anything else that may be necessary to give effect to this subpart.

(8)

Subsection (9) applies to a surplus venue vested under this subpart, but only to the extent that subsection (6) does not apply to the venue.

(9)

The Registrar-General must, in accordance with a written application by a person authorised by the Minister and on payment of the prescribed fee (if any)—

(a)

create a record of title for the fee simple estate in a surplus venue in the name of the racing code; and

(b)

record on the record of title any interests that are registered, noted, or to be noted and that are described in the application.

(10)

Subsection (9) is subject to the completion of any survey necessary to create a record of title.

(11)

A record of title must be created under subsection (9) as soon as is reasonably practicable after the transfer date.

Application of Resource Management Act 1991

(12)

Section 11 and Part 10 of the Resource Management Act 1991 do not apply to—

(a)

the vesting of a surplus venue under this subpart; or

(b)

any matter incidental to, or required for the purpose of, the vesting.

General

(13)

Without limiting any other provision of this subpart, the transfer of the surplus venue must not be regarded as placing the racing club or the racing code, or any of its officers, employees, or agents, in breach of any Act, rule of law, or agreement that would otherwise apply.

(14)

Nothing effected or authorised by section 25

(a)

must be regarded as placing the racing club or any other person in breach of contract or confidence or otherwise making any of them liable of a civil wrong; or

(b)

must be regarded as giving rise to a right for any person to terminate, cancel, or modify a contract, or to accelerate the performance of an obligation; or

(c)

must be regarded as placing the racing club or any other person in breach of an enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment or transfer of property or the disclosure of information; or

(d)

releases a surety wholly or in part from any obligation; or

(e)

invalidates or discharges any contract.

Subpart 3—Racing integrity system

Racing rules

28 Racing rules

(1)

Each racing code must make, and maintain in force, rules regulating the conduct of racing by the code.

(2)

In making rules under subsection (1), each racing code must consult TAB NZ and the Racing Integrity Board.

(3)

Without limiting subsection (1), the racing rules may provide for—

(a)

the functions, duties, and powers 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 managing risks to health and safety; 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.

Compare: 2003 No 3 s 29

29 Amendment of racing rules

(1)

A racing code must, before amending its racing rules, consult TAB NZ and the Racing Integrity Board regarding the proposed amendments.

(2)

As soon as practicable after amending its racing rules, a racing code must send a copy of the amended rules to TAB NZ and the Racing Integrity Board.

Compare: 2003 No 3 s 30(1), (3)

30 Review, status, and availability of racing rules

(1)

As soon as practicable after making or amending any racing rules, each racing code must send a copy of the rules or the amended rules to the Minister.

(2)

Rules made under section 28 must be published on an Internet site maintained by or on behalf of the relevant racing code.

(3)

Racing rules made under section 28

(a)

are contractual in nature:

(b)

are neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 (and do not have to be presented to the House of Representatives in accordance with section 41 of that Act).

Compare: 2003 No 3 s 32

31 Rules controlling or prohibiting admission to racecourses

(1)

This section applies to any racecourse on a 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)

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.

(4)

However, subsection (3) 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.

(5)

Rules made under this section do not come into force until they have been approved by the Minister and published on an Internet site maintained by or on behalf of the relevant racing code.

(6)

A person who breaches any rule made under this section 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 constable.

Compare: 2003 No 3 ss 34, 35(1)

32 Rules must not conflict with any Act or general law

(1)

A provision of any racing rules that conflicts with any provision of this Act, any other Act, or the general law of New Zealand is invalid.

(2)

However, racing rules may provide for the appointment of inspectors, in addition to those appointed under section 42.

Compare: 2003 No 3 s 31

Racing Integrity Board

33 Racing Integrity Board established

This section establishes the Racing Integrity Board (the Board).

34 Objectives of Board

The objectives of the Board are to promote, and ensure compliance with, high standards of integrity and professionalism by participants in the racing industry for the benefit of the public, participants, and the racing industry as a whole.

35 Functions and powers of Board

(1)

The functions of the Board are—

Compliance

(a)

to employ and train stewards and investigators to preside over races and investigate breaches of racing rules:

(b)

to recommend any amendments to racing rules that the Board considers necessary or desirable for the purpose of supporting the racing integrity system:

(c)

to recommend to TAB NZ any amendments to betting rules that the Board considers necessary or desirable for the purpose of supporting the racing integrity system:

(d)

to provide, or arrange for the provision of, veterinary and drug testing services in relation to the conduct of racing by each racing code:

(e)

to monitor the operation and effectiveness of each racing code’s animal welfare policies and initiatives:

(f)

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

(g)

to monitor the operation and effectiveness of the racing integrity system on an ongoing basis and to report to the Minister as required on the outcome of that monitoring:

Adjudication

(h)

to appoint judicial committees to hear and adjudicate on any matters (whether arising on a particular day of racing or otherwise) in accordance with the racing rules of a code and to impose penalties and award costs in accordance with those rules:

(i)

to appoint appeals tribunals to hear and adjudicate on appeals against decisions of judicial committees (including penalties imposed or costs awarded by a judicial committee):

(j)

to recommend any changes to racing rules that the Board considers desirable in relation to matters of a judicial nature:

Other

(k)

to carry out any other functions necessary or desirable to assist the Board in achieving its objectives.

(2)

The Board must ensure that its compliance functions and adjudication functions are performed independently of each other.

36 Board members

(1)

The Board consists of up to 7 members appointed by the Minister after considering nominations from each of the racing codes and TAB NZ.

(2)

In appointing members, the Minister must have regard to the need for the Board to have available to it, collectively, from its members, knowledge of, or experience in,—

(a)

the racing industry:

(b)

governance:

(c)

investigation practices:

(d)

disciplinary practices:

(e)

adjudication:

(f)

industry monitoring:

(g)

performance measurement.

(3)

In performing the functions and duties and exercising the powers of the Board, each board member must act in the best interests of the Board.

37 Funding of Board

(1)

TAB NZ must, in each racing year, provide an amount of funding agreed between TAB NZ and the Board to enable the Board to perform its functions under this Act efficiently and effectively.

(2)

For the purposes of subsection (1), the Board must prepare a budget in accordance with its business plan for approval by the Minister.

(3)

Before providing the budget to the Minister, the Board must consult TAB NZ and each of the racing codes on its proposed budget.

38 Regulations relating to funding

(1)

This section applies if TAB NZ and the Board are unable to agree under section 37 on the amount of funding required by the Board in a racing year to perform its functions under this Act efficiently and effectively.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the amount or the method to be used for determining the amount of funding that must be provided by TAB NZ to the Board for that racing year for the purpose of performing its functions under this Act.

39 Board must prepare statement of intent

(1)

Before the start of a racing year, the Board must prepare and provide the Minister with 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 providing a statement of intent to the Minister, the Board must consult each of the racing codes and TAB NZ.

(4)

The Minister must present a copy of the statement of intent to the House of Representatives as soon as practicable after receiving the statement.

40 Board must prepare business plan

(1)

Before the start of a racing year, the Board must prepare and provide the Minister with a business plan relating to that racing year.

(2)

The Board must consult each racing code and TAB NZ in respect of its business plan.

(3)

The Minister must present a copy of the business plan to the House of Representatives as soon as practicable after receiving the plan.

41 Further provisions relating to judicial committees and appeals tribunals

Schedule 2 contains further provisions relating to judicial committees and appeals tribunals appointed by the Board.

Inspectors

42 Chief executive may appoint inspectors

(1)

The chief executive may appoint, on the terms and conditions that the chief executive thinks fit, persons (inspectors) to inspect racecourses and premises of TAB NZ for the purpose of ascertaining whether betting licences and betting rules are being complied with.

(2)

The production by an 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 by the chief executive.

Compare: 1971 No 155 ss 58, 59; 2003 No 3 s 48

43 Powers of inspector

(1)

An inspector has the right to enter, at all reasonable times and without charge, any racecourse or premises of TAB NZ.

(2)

An inspector—

(a)

may demand from any officer or employee of a racing club or TAB NZ any information that the inspector considers necessary for the purposes of an inspection:

(b)

may, 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 TAB NZ who is required under subsection (2)(a) to provide information must provide that information within 28 days.

(4)

An inspector exercising any power under this section must produce evidence of the inspector’s authority to act as an inspector immediately on request by any person to do so.

(5)

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

Compare: 1971 No 155 s 60; 2003 No 3 s 48

44 Obstructing inspector

(1)

A person commits an offence if the person—

(a)

wilfully hinders or attempts to hinder an inspector entering, in the execution of the inspector’s duty, any racecourse or premises of TAB NZ; or

(b)

wilfully refuses, except on the grounds of self-incrimination, to comply with the requirement to provide information that an inspector has lawfully demanded from the person under section 43(2)(a); or

(c)

otherwise wilfully hinders or attempts to hinder an inspector in the execution of any power or duty.

(2)

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

Compare: 1971 No 155 s 61; 2003 No 3 s 49

Part 3 TAB New Zealand

45 TAB New Zealand established

(1)

This section establishes TAB New Zealand.

(2)

TAB NZ—

(a)

is a body corporate; and

(b)

is a legal entity separate from its members, office holders, and employees, and the Crown.

(3)

TAB NZ 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)

subject to subsections (4) and (5), full rights, powers, and privileges.

(4)

TAB NZ must not enter into a partnering arrangement without written approval of the Minister.

(5)

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

46 Governing body of TAB NZ

(1)

The governing body of TAB NZ consists of up to 7 members appointed by the Minister after considering nominations from each of the racing codes and Sport and Recreation New Zealand.

(2)

An appointment must be made by written notice to the person concerned.

(3)

The Minister must appoint a chairperson from among the members.

(4)

In appointing members, the Minister must have regard to the need for the governing body to have available to it, collectively, from its members, knowledge of, or experience in,—

(a)

racing and sport administration at a national level:

(b)

the betting industry and market:

(c)

preventing and minimising harm associated with gambling:

(d)

business, marketing, or economics.

(5)

The Minister must notify an appointment in the Gazette as soon as practicable after making the appointment.

(6)

A member holds office for a period not exceeding 3 years specified in their notice of appointment, but—

(a)

continues to hold office until the member is reappointed or their 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.

(7)

All decisions relating to the business or affairs of TAB NZ must be made by or under the authority of its governing body in accordance with the most recent statement of intent of TAB NZ presented to the House of Representatives under section 52.

(8)

The governing body has all the powers necessary for managing, and for directing or supervising the management of, the business and affairs of TAB NZ.

(9)

Schedule 3 applies to TAB NZ and its governing body.

Compare: 2003 No 3 ss 10, 11, 22(1)

47 Objectives of TAB NZ

The objectives of TAB NZ are—

(a)

to facilitate and promote betting; and

(b)

subject to ensuring that risks of problem gambling and underage gambling are minimised, to maximise—

(i)

its profits for the long-term benefit of New Zealand racing; and

(ii)

its returns to New Zealand sports.

Compare: 2003 No 3 s 8

48 Functions of TAB NZ

(1)

The functions of TAB NZ are—

(a)

to determine the racing calendar for each racing year and issue betting licences:

(b)

to distribute funds obtained from betting to the racing codes in accordance with regulations made under section 61:

(c)

to conduct betting, broadcasting, and gaming, and to make rules under Part 4 relating to betting:

(d)

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:

(e)

any other functions conferred on it by or under this Act or any other Act.

(2)

In carrying out its functions, TAB NZ 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.

Compare: 2003 No 3 s 9

49 Accounts and audit

(1)

TAB NZ must, as soon as practicable after the end of a racing year,—

(a)

prepare financial statements for that year; and

(b)

have those financial statements audited by a qualified auditor (within the meaning of section 35 of the Financial Reporting Act 2013).

(2)

The financial statements of TAB NZ for each 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 TAB NZ 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.

Compare: 1971 No 155 s 21; 2003 No 3 s 13

50 Performance and efficiency audit

(1)

TAB NZ must, at least once every 5 years, arrange for an audit to be conducted in relation to its performance and efficiency.

(2)

Schedule 4 applies to an audit conducted under subsection (1).

Compare: 1971 No 155 s 103C; 2003 No 3 s 14

51 TAB NZ must operate in financially responsible manner

TAB NZ must operate in a financially responsible manner and, for that 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.

Compare: 2003 No 3 s 18

52 TAB NZ must prepare statement of intent

(1)

Before the start of a racing year, TAB NZ must prepare and provide the Minister with 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 TAB NZ:

(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)

In preparing the statement of intent, TAB NZ must consult each of the racing codes on the proposed statement.

(4)

The Minister must present a copy of the statement of intent to the House of Representatives as soon as practicable after receiving the statement.

Compare: 2003 No 3 s 19

53 TAB NZ must prepare business plan

(1)

Before the start of a racing year, TAB NZ must prepare and provide the Minister with a business plan relating to that racing year.

(2)

TAB NZ must consult each racing code in respect of its business plan.

(3)

The Minister must present a copy of the business plan to the House of Representatives as soon as practicable after receiving the plan.

Compare: 2003 No 3 s 20

54 Annual report

(1)

TAB NZ must, as soon as practicable after the end of each racing year, provide the Minister and each racing code with an annual report on its proceedings and operations during that year.

(2)

The annual report must include—

(a)

the financial statements of TAB NZ and the audit report on those statements; and

(b)

information on the development and implementation of programmes relating to problem gambling.

(3)

The Minister must present a copy of the annual report and financial statements to the House of Representatives as soon as practicable after receiving the report and statements.

Compare: 2003 No 3 s 21

55 TAB NZ may maintain reserves

(1)

TAB NZ may maintain 1 or more reserves with the name or names, and containing an amount or amounts, that TAB NZ considers appropriate.

(2)

TAB NZ may credit to a reserve any amount that it considers appropriate from any surpluses retained by it under sections 69(2) and 74(2), or any other source, whether capital or income.

Compare: 2003 No 3 s 15

Racing calendar

56 Determination of racing calendar and allocation of racing dates

(1)

TAB NZ must establish and maintain a committee to carry out the functions specified in subsection (2) (the dates committee).

(2)

The dates committee must, before the end of each racing year, determine—

(a)

the racing calendar that comprises 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 each of the racing codes on the proposed dates, allocation, and conditions.

Compare: 2003 No 3 s 42

57 Change of racing dates, allocations, or conditions

(1)

The dates committee may, at any time before or during a racing year, add to, alter, or revoke a date, an allocation, or a condition determined under section 56.

(2)

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

Compare: 2003 No 3 s 43

Betting licences

58 Issue of betting licences

(1)

As soon as practicable after the dates committee has determined the dates, allocation, and conditions for a racing year under section 56, TAB NZ 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 TAB NZ considers appropriate.

(3)

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

Compare: 2003 No 3 s 45

59 Amendment or revocation of betting licence

(1)

If the dates committee adds to, alters, or revokes a date, an allocation, or a condition under section 57, TAB NZ must correspondingly amend or revoke any betting licence that has been issued for that date, allocation, or condition.

(2)

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

Compare: 2003 No 3 s 46

60 No racing on certain days

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

Compare: 2003 No 3 s 44

Distribution of TAB NZ surpluses and betting profits

61 Regulations for amounts of distribution to codes

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be distributed by TAB NZ to the racing codes from any surpluses referred to in section 69(2) or 74(2) or any other source, whether capital or income.

(2)

For the purposes of subsection (1), the amount must not be less than the total of the surpluses referred to in section 69(2) or 74(2) for that racing year less the total amount credited to reserves for that year from those surpluses.

Compare: 2003 No 3 s 16

62 Distribution to codes

TAB NZ may, during or as soon as practicable after the end of a racing year, pay to the racing codes the amount determined in accordance with regulations made under section 61 to be distributed among the codes for that year.

Compare: 2003 No 3 s 17

63 Regulations relating to distribution from betting profits

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing the method to be used for determining the amounts that may be—

(a)

distributed by TAB NZ from its betting profits to—

(i)

each of the racing codes; and

(ii)

Sport and Recreation New Zealand; and

(b)

retained by TAB NZ from its betting profits for the purpose of carrying out its duties in relation to harm prevention and minimisation in respect of betting conducted under this Act.

(2)

However, regulations made under subsection (1)(a) must not result in an amount to be distributed that exceeds,—

(a)

for the period beginning on 1 July 2020 and ending on 30 June 2021, 2.67% of TAB NZ’s betting profits:

(b)

for any period on or after 1 July 2021, 4% of TAB NZ’s betting profits.

(3)

In this section, betting profits means profits for totalisator racing betting, sports betting, and fixed-odds racing betting or other betting (if any) conducted by TAB NZ calculated in accordance with the following formula:

p = a – b – c

where—

p

is betting profits

a

is the total of all amounts received by TAB NZ or its agents (including the net return from bets laid off) for—

(i)

totalisator racing betting (other than equalisator betting conducted under section 67):

(ii)

sports betting:

(iii)

fixed-odds racing betting

b

is the amount of refunds paid

c

is the amount of all winning dividends paid out in respect of amounts described above.

(4)

Before making a recommendation under subsection (1), the Minister must consult the Minister for Sport and Recreation.

Compare: 2003 No 3 s 17A

Miscellaneous

64 TAB NZ rules

(1)

TAB NZ 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.

(2)

As soon as practicable after making or amending any rules under subsection (1), TAB NZ must send a copy of the rules or amended rules to the Minister.

(3)

Rules made under subsection (1) 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)

Rules made under subsection (1) are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5)

TAB NZ must publish a copy of any rules (or amended rules) made under this section on an Internet site maintained by or on behalf of TAB NZ.

Compare: 2003 No 3 s 22(2)–(4)

65 TAB NZ may conduct race meetings

(1)

TAB NZ may, with the approval of the Minister, promote, conduct, or control a race meeting.

(2)

For the purposes of subsection (1), TAB NZ may be issued with a betting licence under section 58.

(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 3.

Compare: 2003 No 3 s 66

Part 4 Betting and TAB venues

Subpart 1—Betting

66 TAB NZ may conduct betting

TAB NZ may conduct, either by itself or by means of racing clubs or other agents appointed by TAB NZ for the purpose,—

(a)

racing betting in accordance with rules made under section 68; and

(b)

sports betting in accordance with rules made under section 70; and

(c)

other racing or sports betting in accordance with rules made under section 75; and

(d)

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

Compare: 2003 No 3 s 50

67 Racing clubs may conduct equalisator betting

(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 68 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)

A racing club, or member, officer, agent, or employee of a racing club commits an offence if the person knowingly makes, authorises, or permits any payment from money received by way of equalisator betting except in accordance with subsection (2) or (3).

(5)

A person who commits an offence against subsection (4) is liable on 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.

Compare: 1971 No 155 ss 48, 52, 53; 2003 No 3 s 51

Racing betting

68 Racing betting rules

(1)

TAB NZ 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 TAB NZ.

(2)

Without limiting subsection (1), the rules—

(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 TAB NZ; or

(ii)

any fixed-odds bets may be laid off on other betting systems by TAB NZ for the purpose of limiting TAB NZ’s exposure on any particular race or races; or

(iii)

TAB NZ may cancel any bet; and

(c)

must state the amounts described in section 76(1).

(3)

Rules made by TAB NZ under this section must provide that, if there is racing betting on a race, the betting must close before the race starts.

Compare: 2003 No 3 s 52

69 Application of revenue from racing betting

(1)

TAB NZ 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 68(2)(b)(ii), for a racing year in payment of (or in respect 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 distribution of betting profits (if any) in accordance with section 63; and

(e)

all costs, charges, and expenses incurred by TAB NZ in the performance and exercise of its functions, duties, and powers under this Act for that year (less any costs, charges, and expenses incurred by it under section 74).

(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 TAB NZ in accordance with sections 51, 55, 62, and 63.

Compare: 2003 No 3 s 53

Sports betting

70 Sports betting rules

(1)

TAB NZ 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 TAB NZ.

(2)

Without limiting subsection (1), the rules—

(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 TAB NZ; or

(ii)

any fixed-odds bets may be laid off on other betting systems by TAB NZ for the purpose of limiting TAB NZ’s exposure on any particular event or events; or

(iii)

TAB NZ may cancel any bet; and

(c)

may declare sporting events to be, or not to be, New Zealand sporting events for the purposes of subpart 1 of Part 5; and

(d)

must state the amounts described in section 76(2).

(3)

TAB NZ must consult Sport and Recreation New Zealand before exercising its power under this section to make rules declaring sporting events to be, or not to be, New Zealand sporting events for the purposes of subpart 1 of Part 5, or to make rules amending or revoking those rules.

(4)

TAB NZ must publish a notice making, altering, or revoking the rules referred to in subsection (3) on an Internet site maintained by or on behalf of TAB NZ.

Compare: 2003 No 3 s 54

71 Agreements with national sporting organisations

(1)

TAB NZ may not conduct sports betting on any sporting event or events without the written agreement of the appropriate New Zealand national sporting organisation.

(2)

An agreement entered into under subsection (1) must be on the terms and conditions that are agreed between TAB NZ and the New Zealand national sporting organisation concerned, including payment to the sporting organisation, under section 74(1)(e), of revenue derived from sports betting on the event or events to which the agreement relates.

Compare: 2003 No 3 s 55

72 Agreements with Sport and Recreation New Zealand

(1)

This section applies if, in relation to a sport involving human competitors participating in lawful organised games, competitions, or other events held in or outside New Zealand, there is no appropriate New Zealand national sporting organisation—

(a)

that administers the sport in New Zealand; or

(b)

under whose auspices or control the events held in New Zealand are conducted (or, in the case of events held outside New Zealand, would be conducted if they were held in New Zealand).

(2)

Despite section 71(1), TAB NZ may conduct sports betting on any event held in relation to the sport concerned if it has entered into a sports betting agreement with Sport and Recreation New Zealand that complies with subsection (3).

(3)

A sports betting agreement must be on the terms and conditions agreed between the parties, including (without limitation) as to payment to Sport and Recreation New Zealand, under section 74(1)(e), of revenue from sports betting on the event or events to which the agreement relates.

Compare: 2003 No 3 s 55A

73 Use of facilities

(1)

For the purposes of operating a sports betting system, TAB NZ 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 45(2).

Compare: 2003 No 3 s 56

74 Application of revenue from sports betting

(1)

TAB must apply the amounts received by it for sports betting, including the net return from bets laid off under section 70(2)(b)(ii), for a racing year in payment of (or in respect 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 distribution of betting profits (if any) in accordance with section 63; and

(e)

the amounts (not less than the minimum amounts prescribed by, or calculated in accordance with, the method prescribed in regulations under section 123) payable to New Zealand national sporting organisations and Sport and Recreation New Zealand under agreements entered into under sections 71 and 72; and

(f)

all costs, charges, and expenses incurred by TAB NZ 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 TAB NZ in accordance with sections 51, 55, 62, and 63.

Compare: 2003 No 3 s 57

Other racing or sports betting

75 Rules relating to other racing or sports betting conducted by TAB NZ

(1)

TAB NZ may make rules not inconsistent with this Act for, or with respect to, the conduct and operation of other racing or sports betting it conducts.

(2)

The rules must be approved by the prescribed independent body.

(3)

Any rules made under this section take effect on and from the date of their notification in the Gazette, or any later date that is specified in the rules.

(4)

Before making any rules under this section, TAB NZ must consult—

(a)

those stakeholders in the New Zealand betting industry that it considers ought to be consulted; and

(b)

the department responsible for the integrated problem gambling strategy under section 317 of the Gambling Act 2003.

(5)

Before approving any rules made under this section, the independent body must have regard to—

(a)

the likely revenue from the betting and the beneficiaries of the revenue; and

(b)

a plan provided by TAB NZ relating to how the integrity of the product will be maintained; and

(c)

the mechanisms proposed by TAB NZ to safeguard online products; and

(d)

the views of any stakeholders who have been consulted by TAB NZ; and

(e)

the desirability of minimising the risk of persons becoming problem gamblers; and

(f)

the desirability of minimising the risk of underage gambling.

(6)

A rule approved under this section must be treated as if it were a racing betting rule made under section 68 or a sports betting rule made under section 70 (as the case may be) and the provisions of this Act that apply to those rules apply to it accordingly.

General provisions

76 Deductions for totalisator betting

(1)

For the purposes of determining winning dividends for totalisator racing betting, racing betting rules made under section 68 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 69 for each form of betting.

(2)

For the purposes of determining winning dividends for totalisator sports betting, sports betting rules made under section 70 must state, by way of a percentage of the amount bet, the total of the amounts referred to in section 72 for each form of betting.

(3)

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

(4)

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

(5)

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

(a)

only temporary; and

(b)

for the purpose of a particular promotion.

Compare: 2003 No 3 s 58

77 Review, status, and availability of betting rules

(1)

As soon as practicable after making or altering any betting rules under this subpart, TAB NZ must send a copy of the rules or amended rules to the Minister.

(2)

Rules made under section 68 or 70 are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(3)

Rules made under section 68 or 70 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)

TAB NZ must publish a copy of any betting rules (or amended rules) made under this subpart on an Internet site maintained by or on behalf of TAB NZ.

Compare: 2003 No 3 s 59

78 Amounts of dividends

(1)

Except in any circumstances that TAB NZ may specify by notice in the Gazette, TAB NZ 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 section 68 or 70 must state the denomination to which dividends will be rounded and paid out by TAB NZ 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 section 68 or 70 may be retained by TAB NZ, or the racing club conducting equalisator betting, and must be regarded for all purposes as part of TAB NZ’s or the racing club’s funds.

Compare: 2003 No 3 s 60

79 Use of betting systems for gaming purposes

(1)

TAB NZ 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, TAB NZ 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.

Compare: 2003 No 3 s 61

80 Amalgamation with overseas betting systems

TAB NZ 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.

Compare: 2003 No 3 s 62

81 Protection of intellectual property rights

(1)

TAB NZ has exclusive rights within New Zealand and Australia to all intellectual property associated with all racing betting information, racing betting system (or systems), and any audio or visual content derived from a New Zealand race.

(2)

In subsection (1), intellectual property means all patents, designs, copyright, know-how, trade secrets, trade marks, service marks, and other intellectual or industrial property rights of any kind, and any rights in relation to them whether enforceable by Act or rule of law.

82 Offences relating to underage betting

(1)

A person commits an offence if the person,—

(a)

being under 18 years, makes a bet, whether on the person’s own behalf or on behalf of another person; or

(b)

makes a bet on behalf of any person under 18 years.

(2)

A member, officer, agent or employee of a racing club, or of TAB NZ, or of an agent of TAB NZ, commits an offence if the person—

(a)

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

(c)

offers or provides credit to any person if they know, 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 the defendant 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 if the defendant proves that the defendant 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)

A person who commits an offence against this section is liable on conviction to,—

(a)

for an offence against subsection (1)(a), a fine not exceeding $500:

(b)

for an offence against subsection (1)(b), a fine not exceeding $1,000:

(c)

for an offence against subsection (2)(a) or (b), a fine not exceeding $5,000:

(d)

for an offence against subsection (2)(c), a fine not exceeding $10,000.

Compare: 2003 No 3 s 63

83 Power to require particulars

(1)

If any constable, or any member, officer, agent, or employee of a racing club, or of TAB NZ, or of an agent of TAB NZ (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 82(1)(a), they may demand from that person an evidence of age document verifying the person’s age.

(2)

A person commits an offence and is liable on conviction to a fine not exceeding $500 if the person, being required under subsection (1) to give information regarding their age, fails to give that information, or supplies any false information relating to their age.

Compare: 2003 No 3 s 63A

84 Betting contracts enforceable

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

Compare: 2003 No 3 s 64

85 Bets may be refused

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

Compare: 2003 No 3 s 65

Subpart 2—TAB venues

86 When territorial authority consent is required

A territorial authority consent is required if TAB NZ proposes to establish a TAB venue.

Compare: 2003 No 3 s 65A

87 Application for territorial authority consent

(1)

An application for a territorial authority consent must be made to the territorial authority for the district in which the TAB 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.

Compare: 2003 No 3 s 65B

88 Considering and determining application for territorial authority consent

(1)

A territorial authority must—

(a)

consider an application for a territorial authority consent in accordance with its TAB venue policy; and

(b)

either grant or refuse a consent.

(2)

The territorial authority must notify TAB NZ and the chief executive of its determination within 30 working days after the later of—

(a)

the date of receipt of the application; and

(b)

the date that it adopts a TAB venue policy.

(3)

A territorial authority must not consider an application for territorial authority consent before it has a TAB venue policy.

Compare: 2003 No 3 s 65C

89 Territorial authority must adopt TAB venue policy

(1)

A territorial authority must adopt a policy on TAB 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 TAB venues may be established in the territorial authority district and, if so, where they may be located.

(4)

In determining its policy on whether TAB venues may be established in the territorial district and where any TAB 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.

Compare: 2003 No 3 s 65D

90 Adoption and review of TAB venue policy

(1)

A policy on TAB venues under section 89 must be adopted in accordance with the special consultative procedure in section 83 of the Local Government Act 2002 and, for the purpose of section 83(1)(e) of that Act, the territorial authority must give notice of the proposed policy, in a manner that the territorial authority considers appropriate, to—

(a)

TAB NZ; and

(b)

organisations representing Māori 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 TAB venues, provide a copy of the policy to TAB NZ and the chief executive.

(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 is being reviewed.

Compare: 2003 No 3 s 65E

Regulations relating to TAB NZ operations

91 Regulations relating to harm prevention and minimisation

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 TAB venue:

(b)

prescribing the information or messages that TAB NZ 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 TAB venues to be responsible:

(d)

requiring TAB NZ to provide problem gambling awareness training for employees involved in supervising racing betting and sports betting at TAB venues:

(e)

prescribing systems or processes ancillary to racing betting and sports betting, including the availability of automatic teller machines at a TAB venue:

(f)

prescribing any other requirements relating to harm prevention or minimisation.

Compare: 2003 No 3 s 65F

92 Regulations relating to admission to and exclusion from TAB venues

(1)

The Governor-General may, by Order in Council, make regulations controlling or prohibiting admission to TAB venues.

(2)

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

(3)

A person who enters, or remains in, a TAB 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.

Compare: 2003 No 3 s 65G

93 Regulations relating to exclusion of problem gamblers from TAB venues and racecourses

(1)

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

(a)

prescribing 1 or more procedures to enable a TAB operator or a racing club to identify problem gamblers:

(b)

prescribing procedures for prohibiting identified problem gamblers from entering a TAB venue or a racecourse:

(c)

prescribing procedures for removing a person who a TAB operator or a racing club has reasonable grounds to believe is a problem gambler:

(d)

ensuring that access to TAB 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 TAB venue or a 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.

Compare: 2003 No 3 s 65H

Problem gambling levy

94 TAB NZ must pay problem gambling levy

TAB NZ must pay a problem gambling levy in accordance with sections 317 to 324 of the Gambling Act 2003 and regulations made under that Act.

Compare: 2003 No 3 s 65I

95 TAB NZ must provide information to chief executive

(1)

The chief executive may require information from TAB NZ for research, and policy analysis and development, associated with the purposes of the Gambling Act 2003.

(2)

The chief executive may require from TAB NZ any information necessary to calculate, administer, and collect the problem gambling levy payable under section 94.

(3)

If required by the chief executive to provide information under subsection (1) or (2), TAB NZ must provide that information within 10 working days or any longer time that the chief executive may allow.

Compare: 2003 No 3 s 65J

Part 5 Offshore betting charges and other matters

Subpart 1—Offshore betting charges

Preliminary

96 Purpose and overview

(1)

The purpose of this subpart is to provide a framework under which offshore betting operators must pay charges in New Zealand in respect of their betting operations involving this country. These charges are to recognise the financial returns that offshore betting operators enjoy from bets that they take on racing and sporting events held in New Zealand and from bets that they take from people located in New Zealand.

(2)

To that end, this subpart—

(a)

establishes a scheme for betting information use charges that requires offshore betting operators to—

(i)

obtain permission from the designated authority in New Zealand before using New Zealand racing and sporting information for taking bets on racing events and sporting events taking place in New Zealand; and

(ii)

enter into an agreement with that authority setting out the terms and conditions on which the authority’s permission is granted, including the offshore betting operator’s agreement to pay charges for using that information in the operator’s betting operations:

(b)

establishes a scheme for consumption charges that requires offshore betting operators to pay charges in respect of bets that they take on racing events and sporting events from persons located in New Zealand, whether those events are held in or outside New Zealand:

(c)

provides for the designated authority (or its delegate) to implement each scheme, including collecting the charges and applying the money received from the charges to purposes relating to racing and sport in New Zealand.

(3)

Subsection (2) is only a guide to the general scheme and effect of this subpart.

Compare: 2003 No 3 s 65AA(1), (2)

97 Territorial scope

This subpart and any regulations made under it apply to an offshore betting operator regardless of where the offshore betting operator is resident or incorporated.

Compare: 2003 No 3 s 65AB

98 Interpretation

In this subpart, unless the context otherwise requires,—

betting information use agreement means an agreement referred to in section 102(1)(b)

betting information use charges means the charges payable under a betting information use agreement as required by section 102(1)(a)

consumption charges means the charges payable under section 105

designated authority means the Department or, if the Department has delegated its functions or powers to another entity under section 100, then, in relation to those functions or powers, that delegate

New Zealand racing and sporting information means information relating to any New Zealand racing event or New Zealand sporting event on which betting may occur

New Zealand racing event means a betting race held in New Zealand

New Zealand sporting event means a sporting event—

(a)

held in New Zealand; and

(b)

declared by sports betting rules made under section 70(2)(c) to be a New Zealand sporting event for the purposes of this Part; and

(c)

to which one of the following applies:

(i)

the event is held under the auspices or control of a New Zealand national sporting organisation:

(ii)

there is a sports betting agreement entered into under section 72 between TAB NZ and Sport and Recreation New Zealand in respect of the sport concerned

offshore betting charges or charges means betting information use charges or consumption charges

offshore betting operator means an organisation that is located outside New Zealand and that—

(a)

takes bets on New Zealand racing events or New Zealand sporting events (whether from persons located in or outside New Zealand); or

(b)

takes bets on racing and sporting events from persons located in New Zealand (whether the events are held in or outside New Zealand)

scheme for betting information use charges means the scheme described in section 96(2)(a)

scheme for consumption charges means the scheme referred to in section 96(2)(b).

Compare: 2003 No 3 s 65AC

99 Designated authority for each scheme

(1)

The Department is the designated authority for the scheme for betting information use charges and the scheme for consumption charges.

(2)

The function of the designated authority for each scheme is to implement the scheme, including enforcing payment of the offshore betting charges and distributing the money collected from the charges, in accordance with this subpart.

(3)

The designated authority has the powers specified in, or prescribed under, this subpart.

Compare: 2003 No 3 s 65AD

100 Delegation

(1)

The Department may delegate in writing any of its functions or powers as the designated authority to another entity.

(2)

The Department’s power to delegate under this section may be exercised in respect of the scheme for betting information use charges or the scheme for consumption charges, or both or any part of those schemes.

(3)

The entities to which the Department may delegate its functions and powers include (without limitation) TAB NZ, 1 or more racing codes, a Crown entity as defined in section 7 of the Crown Entities Act 2004, or another department.

(4)

The Department must, when deciding whether to exercise its power of delegation under this section in favour of another entity, take into account whether the entity has the knowledge of offshore betting operators, and existing relationships with those operators, that is necessary to perform the functions and exercise the powers that the Department proposes to delegate.

(5)

A delegation under this section must not include—

(a)

the power to delegate under this section:

(b)

the power to review a decision to issue a penalty notice under section 114(4)(b).

Compare: 2003 No 3 s 65AE

Betting information use charges

101 Requirements on offshore betting operators before using New Zealand racing and sporting information

(1)

An offshore betting operator must, before using New Zealand racing and sporting information in the conduct of the operator’s betting operations,—

(a)

obtain permission from the designated authority; and

(b)

enter into a betting information use agreement that complies with section 102.

(2)

The designated authority must not unreasonably withhold permission under subsection (1) for an offshore betting operator to use New Zealand racing and sporting information.

(3)

Subsection (1) does not apply to an offshore betting operator if, and to the extent that, it is exempted from complying with those requirements under section 112.

Compare: 2003 No 3 s 65AF

102 Terms and conditions of betting information use agreement

(1)

The terms and conditions of a betting information use agreement must—

(a)

require the offshore betting operator to pay betting information use charges to the designated authority for the operator’s use of New Zealand racing and sporting information; and

(b)

require the offshore betting operator to provide prescribed information, in the prescribed manner, to the designated authority for the purpose of enabling the authority to monitor the amounts due as betting information use charges; and

(c)

provide that the betting information use charges payable under the agreement are recoverable as a debt due to the designated authority under the agreement; and

(d)

provide that the law applicable to the agreement is New Zealand law; and

(e)

provide for a dispute resolution process that the parties agree to submit to if they have a dispute relating to the agreement; and

(f)

provide that the courts of New Zealand are the courts with jurisdiction to hear and determine any proceedings relating to the agreement if the parties are unable to resolve a dispute through the dispute resolution process; and

(g)

provide that the offshore betting operator submits to the jurisdiction of the courts of New Zealand for the purposes of any proceedings referred to in paragraph (f); and

(h)

provide for any additional matters that may be prescribed.

(2)

In addition, the terms and conditions of a betting information use agreement may—

(a)

require the offshore betting operator to comply with any applicable integrity policy developed by the designated authority; and

(b)

require the offshore betting operator to enter into an information sharing protocol with the designated authority.

Compare: 2003 No 3 s 65AG

103 Minister must set rates of betting information use charges

(1)

The Minister must set the rates of the betting information use charges that offshore betting operators must pay—

(a)

in accordance with section 108; and

(b)

in the prescribed manner.

(2)

The Minister may set the rates by way of specified figures or methods of calculation.

Compare: 2003 No 3 s 65AH

104 Power to enforce betting information use agreement

The designated authority may issue and conduct proceedings for—

(a)

determining any dispute relating to a betting information use agreement in accordance with the terms and conditions of the betting information use agreement referred to in section 102(1)(f):

(b)

enforcing any provisions of a betting information use agreement that do not fall within the power of the designated authority to issue proceedings under section 116 (which provides powers for the designated authority to recover outstanding charges and penalties).

Compare: 2003 No 3 s 65AI

Consumption charges

105 Requirement to pay consumption charges

An offshore betting operator must pay consumption charges to the designated authority in respect of bets that it takes on racing and sporting events, held in or outside New Zealand, from persons with a registered address in New Zealand.

Compare: 2003 No 3 s 65AJ

106 Minister must set rates of consumption charges

(1)

The Minister must set the rates of the consumption charges that offshore betting operators must pay—

(a)

in accordance with section 108; and

(b)

in the prescribed manner.

(2)

The Minister may set the rates by way of specified figures or methods of calculation.

Compare: 2003 No 3 s 65AK

107 Information to be provided relating to consumption charges

(1)

An offshore betting operator who is required to pay consumption charges must provide the prescribed information to the designated authority for the purpose of enabling the authority to monitor the amounts due as consumption charges.

(2)

The information must be provided in the prescribed manner.

Compare: 2003 No 3 s 65AL

General provisions

108 Further provisions relating to setting rates of charges

(1)

Before setting rates of betting information use charges under section 103 or rates of consumption charges under section 106, the Minister must take into account—

(a)

the proposed rates of charges jointly prepared by TAB NZ and the racing codes after consulting Sport and Recreation New Zealand and relevant New Zealand national sporting organisations; and

(b)

TAB NZ’s revenue from racing betting and sports betting in the previous racing year; and

(c)

the total amount of distributions made by TAB NZ to the racing codes under section 62 and sports betting revenue paid by TAB NZ to New Zealand national sporting organisations under section 74 in that period; and

(d)

the amount of taxation or duties paid by TAB NZ and offshore betting operators in New Zealand in that period.

(2)

After setting rates of betting information use charges or consumption charges, the Minister must publish a statement of reasons on an Internet site maintained by or on behalf of the designated authority that explains how the rates were set and why the rates are considered to be fair and reasonable.

Compare: 2003 No 3 s 65AM

109 Review of rates

(1)

The Minister—

(a)

must, at least once every 5 years, review the rates of betting information use charges set under section 103 and consumption charges set under section 106; and

(b)

may, if necessary, adjust those rates.

(2)

Any adjustment must be made in the prescribed manner.

(3)

Before adjusting any rate, the Minister must consult TAB NZ, offshore betting operators, the racing codes, and appropriate New Zealand national sporting organisations.

Compare: 2003 No 3 s 65AN

110 Certain offshore betting operators not liable for charges

(1)

An offshore betting operator is not liable to pay offshore betting charges in respect of a financial year if the operator’s revenue from an activity specified in subsection (2) is less than the amount specified in section 51(1)(a) of the Goods and Services Tax Act 1985 for the operator to become a registered person under that Act.

(2)

The activities are—

(a)

taking bets on New Zealand racing and New Zealand sporting events (whether from persons who have a registered address in New Zealand or are outside New Zealand); and

(b)

taking bets on racing and sporting events from persons located in New Zealand (whether the events are held in or outside New Zealand).

Compare: 2003 No 3 s 65AO

111 Application of money received from offshore betting charges

(1)

The designated authority must apply the money received from offshore betting charges for the following purposes:

(a)

identifying and addressing risks to the integrity of racing betting and sport betting:

(b)

paying the cost of administering the enforcement and collection of the betting information use charges, consumption charges, and penalties:

(c)

promoting the long-term viability of New Zealand racing and sport:

(d)

funding measures to prevent and minimise harm from gambling.

(2)

The designated authority must apply the money received from offshore betting charges to any 1 or more of the persons specified in, and in the amount specified in, regulations made under section 119.

Compare: 2003 No 3 s 65AP

112 Minister may grant exemptions

(1)

The Minister may, by notice in writing, exempt an offshore betting operator or a class of offshore betting operators from the need to comply with any 1 or more of the following:

(a)

the requirement under section 101(1)(a) to obtain permission from the designated authority before using New Zealand racing and sporting information:

(b)

the requirement under section 101(1)(b) to enter into a betting information use agreement before using New Zealand racing and sporting information:

(c)

the requirement under a betting information use agreement to pay betting information use charges:

(d)

the requirement under section 105 to pay consumption charges.

(2)

In deciding whether to grant an exemption, the Minister must—

(a)

have regard to the purposes of this Act set out in section 3 and the purpose of this Part set out in section 96; and

(b)

for an exemption under subsection (1)(b), be satisfied that—

(i)

the designated authority (or, as applicable, TAB NZ, a racing code, appropriate New Zealand national sporting organisation, or Sport and Recreation New Zealand) and the offshore betting operator are parties to an agreement negotiated outside the framework provided for in this Part; and

(ii)

under the terms of that agreement, the designated authority (or any other applicable body referred to in subparagraph (i)) receives from the offshore betting operator not less than the amount of income that the designated authority would receive from that offshore betting operator under this Part were the exemption not granted; and

(c)

be satisfied that the exemption will not unduly negatively affect, or be detrimental to, the long-term viability of New Zealand racing and sport.

(3)

Before granting an exemption under this section, the Minister must—

(a)

consult TAB NZ and take its advice into account; and

(b)

consult any of the following affected by the exemption:

(i)

the relevant racing code or codes:

(ii)

Sport and Recreation New Zealand:

(iii)

the appropriate New Zealand national sporting organisation or organisations.

(4)

The Minister may—

(a)

grant the exemption on any terms and conditions the Minister thinks fit:

(b)

amend or revoke the exemption:

(c)

replace an exemption either before or when it expires.

(5)

An exemption granted under this section—

(a)

takes effect on and from the date on which it is notified in the Gazette; and

(b)

expires on the date specified in the notice.

Compare: 2003 No 3 s 65AQ

113 Status and publication of exemption notices

(1)

For the purposes of the Legislation Act 2012, an exemption granted under section 112

(a)

is not a legislative instrument; but

(b)

is a disallowable instrument and must be presented to the House of Representatives under section 41 of that Act.

(2)

As soon as practicable after it is granted, an exemption must be—

(a)

published on an Internet site maintained by or on behalf of the Department; and

(b)

notified in the Gazette.

(3)

The Minister’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (2)(a) along with the exemption.

(4)

However, the Minister may, if satisfied that an exemption contains or refers to information that may reasonably be regarded as confidential or commercially sensitive, authorise the designated authority to redact that information from the text of the exemption published in accordance with subsection (2)(a).

Compare: 2003 No 3 s 65AR

114 Penalties

(1)

The designated authority may issue a penalty notice to an offshore betting operator if it is satisfied that the operator has—

(a)

failed to pay an amount of a betting information use charge or a consumption charge on or before the date on which the charge was due and payable under the regulations; or

(b)

provided false or misleading information to the designated authority for the purpose of calculating the amount of a charge that the operator is required to pay.

(2)

The penalty notice may require the offshore betting operator to—

(a)

pay to the designated authority as a penalty, and in addition to the amount of outstanding charges, the amount referred to in subsection (3); and

(b)

pay the penalty amount by the date specified in the notice.

(3)

The penalty amount stated in the notice must be the amount specified in, or the amount calculated in accordance with, regulations made under section 119.

(4)

An offshore betting operator who is issued with a penalty notice under this section—

(a)

must pay the penalty:

(b)

may request the designated authority to review the decision to issue the notice.

(5)

A penalty notice under this section must be in the prescribed form (if any) and issued in the prescribed manner.

Compare: 2003 No 3 s 65AS

115 Maximum amount of penalties

The amount payable as a penalty under regulations made under section 119, whether the regulations specify a fixed amount or a method of calculating the amount, must not exceed—

(a)

NZ$20,000, for an offshore betting operator who is an individual:

(b)

NZ$50,000, for an offshore betting operator that is a body corporate.

Compare: 2003 No 3 s 65AT

116 Recovery of outstanding charges and penalties

(1)

Outstanding offshore betting charges and penalties payable by an offshore betting operator constitute a debt due to the designated authority, and the designated authority may issue legal proceedings for recovery of the debt from the offshore betting operator.

(2)

The applicable law in respect of recovery of the debt is New Zealand law.

(3)

The courts of New Zealand are the courts with jurisdiction to hear and determine proceedings for recovery of the debt.

Compare: 2003 No 3 s 65AU

117 Obligation to pay penalty not suspended by review or legal proceedings

(1)

An offshore betting operator’s obligation to pay, and the designated authority’s right to receive and recover, a penalty imposed is not suspended by—

(a)

a request for review under section 114(4)(b); or

(b)

any legal proceedings relating to the penalty.

(2)

Subsection (3) applies if an offshore betting operator pays a penalty amount, and, on review or in legal proceedings, it is found that the betting operator was not liable for the penalty or any part of the penalty.

(3)

The designated authority must, as soon as practicable, refund to the offshore betting operator the amount of the penalty or part of the penalty for which the offshore betting operator was not liable.

Compare: 2003 No 3 s 65AV

118 Appeal to District Court

(1)

An offshore betting operator may appeal to the District Court against a decision of the designated authority to issue a penalty notice under section 114.

(2)

If an appeal is made, the District Court must determine whether the decision to issue the notice is appropriate.

Compare: 2003 No 3 s 65AW

119 Regulations for offshore betting

(1)

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

(a)

prescribing the financial or other relevant information that an offshore betting operator must provide to the designated authority, the manner in which that information is to be provided (including how the information must be presented, calculated, or prepared), and when the information must be provided for the purposes of section 102(1)(b):

(b)

providing for matters relating to integrity policy requirements that offshore betting operators must comply with under section 102(2)(a):

(c)

providing for matters relating to an information sharing protocol that may be entered into between the designated authority and offshore betting operators under section 102(2)(b):

(d)

prescribing the financial or other relevant information that an offshore betting operator must provide to the designated authority, the manner in which that information is to be provided (including how the information must be presented, calculated, or prepared), and when the information must be provided for the purposes of section 107:

(e)

prescribing the manner in which rates and adjustments to rates must be set for the purposes of section 103 or 106:

(f)

specifying the persons to whom money received from offshore betting charges may be distributed under section 111 and prescribing the method to be used for determining the amount of distribution of the charge or charges:

(g)

specifying penalty amounts or the method by which penalty amounts must be calculated for the purposes of section 114(3):

(h)

prescribing the form of penalty notices for the purposes of section 114(5) and the manner in which penalty notices must be issued:

(i)

prescribing the manner in which any other thing must be done for the purposes of this subpart:

(j)

prescribing fees or other charges payable in respect of any matter under this subpart or the manner in which fees and charges may be calculated:

(k)

providing for any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.

(2)

Regulations made under this section may provide differently for different classes of offshore betting operator.

(3)

Regulations made under this section are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person.

(4)

Before making a recommendation, the Minister must consult TAB NZ, each of the racing codes, and the Minister for Sport and Recreation.

Compare: 2003 No 3 s 65AX

Subpart 2—Other matters

120 Restriction on use of certain names

(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, TAB NZ or a racing code, or any name containing the words—

(a)

“TAB NZ”; 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 any necessary modifications, to a person carrying on business under any name or style except the person’s own.

(4)

Subsection (1)(a) and (b) does not apply to TAB NZ.

(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)

This section does not prevent 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).

Compare: 1971 No 155 s 29; 2003 No 3 s 24

121 Application of Official Information Act 1982

TAB NZ is an organisation within the meaning of that term in section 2(1) of the Official Information Act 1982, and that Act applies to it accordingly.

Compare: 2003 No 3 s 67

122 Crown not liable for debts

(1)

The Crown is not liable to contribute towards the payment of any debts or liabilities of TAB NZ, the Racing Integrity Board, or any judicial committee or appeals tribunal established by the Racing Integrity Board.

(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 TAB NZ by virtue of a good cause of action against the Crown; or

(d)

any sum the Crown is liable to pay to a creditor of the Racing Integrity Board or any judicial committee or appeals tribunal established by the Racing Integrity Board by virtue of a good cause of action against the Crown; or

(e)

any sum the Crown is liable to pay to any creditor of the Reserve Bank of New Zealand.

Compare: 1971 No 155 s 102B; 2003 No 3 s 68

123 Other regulations

(1)

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

(a)

setting the terms and conditions of any commercial agreement to be entered into by TAB NZ and a racing code:

(b)

prescribing the process, criteria, or both for the purposes of section 24(3):

(c)

providing for further matters relating to the conduct and administration of the racing integrity system for the purposes of subpart 3 of Part 2, including—

(i)

the administration of the Racing Integrity Board (for example, specifying further provisions applying to Board members and employees of the Board, and specifying requirements in respect of its financial matters and accountability):

(ii)

prescribing criteria relating to the selection and appointment of members to judicial committees and appeals tribunals established by the Board:

(iii)

providing for any additional matters relating to the conduct of hearings before judicial committees and appeals tribunals:

(iv)

providing for any other matters that are necessary or desirable for the Racing Integrity Board to perform its functions or exercise its powers under this Act:

(d)

prescribing the minimum amounts, or the method to be used for calculating minimum amounts, payable to New Zealand national sporting organisations or Sport and Recreation New Zealand for the purposes of section 74(1)(e):

(e)

prescribing the independent body that may approve other racing or sports betting rules for the purposes of section 75:

(f)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(2)

Before making a recommendation for regulations under subsection (1)(d) or (e), the Minister must consult the Minister for Sport and Recreation

Compare: 2003 No 3 s 68A, Schedule 3

Consequential amendments, repeal, and revocation

124 Consequential amendments

Amend the enactments specified in Schedule 5 as set out in that schedule.

125 Repeal and revocation

(1)

The Racing Act 2003 (2003 No 3) is repealed.

(2)

The Racing (New Zealand Greyhound Racing Association Incorporated) Order 2009 (SR 2009/180) is revoked.

Schedule 1 Transitional, savings, and related provisions

s 6

Part 1 Provisions relating to this Act as enacted

1 Interpretation

In this Part, unless the context otherwise requires,—

Agency means the Racing Industry Transition Agency continued under section 7 of the former Act

former Act means the Racing Act 2003

Judicial Control Authority means the Judicial Control Authority established by section 37 of the former Act

New Zealand Racing Laboratory Services Limited means the company of that name incorporated on 26 June 2000 under company number 1044645

Racing Integrity Board means the Racing Integrity Board established by section 33

Racing Integrity Unit Limited means the company of that name incorporated on 5 November 2010 under company number 3178165 to oversee integrity in the New Zealand racing industry under the former Act.

Legislative instrument and rules under former Act

2 Racing (Harm Prevention and Minimisation) Regulations 2004

The Racing (Harm Prevention and Minimisation) Regulations 2004 (SR 2004/291) made under the former Act must be treated, on and after the commencement of this clause, as if they were made under section 91 and may be amended or revoked accordingly.

3 Rules made under former Act

(1)

This clause applies to rules made under sections 29, 34, 52, or 54 of the former Act and in force immediately before the commencement of this clause.

(2)

The rules continue in force on and after the commencement of this clause, with any necessary modifications, as if they were made under section 28, 31, 68, or 70 (as the case may be).

Transition to racing integrity system

4 Racing judicial system continues until Racing Integrity Board established

Despite section 125(1),—

(a)

sections 36 to 41, section 68(1) and (2)(c), and Schedule 3 of the former Act (which relate to the Judicial Control Authority, judicial committees, and appeals tribunals), as they read immediately before commencement of this clause, continue to have effect until the close of day before the date on which sections 33 to 41 come into force as if those provisions of the former Act had not been repealed; and

(b)

all references to the Racing Integrity Board in sections 8(b), 28(2) and 29(2) of this Act must be read as references to the Judicial Control Authority until the date on which sections 33 to 41 come into force.

5 Minister may appoint establishment board for racing integrity system

(1)

As soon as practicable after commencement of this clause, the Minister may appoint an establishment board for the purposes of managing the orderly transition from the racing integrity system under the former Act to the racing integrity system under this Act.

(2)

The establishment board may consist of up to 5 members appointed by the Minister after considering nominations from TAB NZ.

(3)

The functions of the establishment board are to—

(a)

finalise any matters relating to the establishment of the Racing Integrity Board; and

(b)

manage the transfer of functions, duties, powers, and any assets (as appropriate) of the Judicial Control Authority, the Racing Integrity Unit Limited, and New Zealand Racing Laboratory Services Limited to the Racing Integrity Board.

(4)

The establishment board is dissolved on the close of the day before the date on which sections 33 to 41 come into force.

6 Transfer of employees of Judicial Control Authority and Racing Integrity Unit Limited

(1)

On and after the date on which sections 33 to 41 come into force, every employee of the Judicial Control Authority and Racing Integrity Unit Limited becomes an employee (a transferred employee) of the Racing Integrity Board on the same terms and conditions that applied to the person immediately before they became an employee of the Racing Integrity Board.

(2)

For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

(a)

the employment agreement of that employee is to be treated as unbroken; and

(b)

the employee’s period of service with the Judicial Control Authority or Racing Integrity Unit Limited, and every other period of service of that employee that is recognised by that employer as continuous service, is to be treated as a period of service with the Racing Integrity Board.

(3)

To avoid doubt, the employment of a transferred employee by the Racing Integrity Board does not constitute new employment for the purposes of any service-related benefits, whether legislative or otherwise.

(4)

A transferred employee is not entitled to receive any payment or benefit from the Judicial Control Authority or Racing Integrity Unit Limited (as the case may be) or the Racing Integrity Board on the ground that the person’s position in the Judicial Control Authority or Racing Integrity Unit Limited has ceased to exist or the person has ceased to be an employee of the Judicial Control Authority or Racing Integrity Unit Limited as a result of their transfer to the Racing Integrity Board.

(5)

This clause overrides—

(a)

Part 6A of the Employment Relations Act 2000; and

(b)

any employment protection provision in any relevant employment agreement.

Agency employees and venues

7 Transfer of Agency employees

(1)

On and after the commencement of this clause, every Agency employee becomes an employee (a transferred employee) of TAB NZ on the same terms and conditions that applied to the person immediately before they became an employee of TAB NZ.

(2)

For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

(a)

the employment agreement of that employee is to be treated as unbroken; and

(b)

the employee’s period of service with the Agency, and every other period of service of that employee that is recognised by the Agency as continuous service, is to be treated as a period of service with TAB NZ.

(3)

To avoid doubt, the employment of a transferred employee by TAB NZ does not constitute new employment for the purposes of any service-related benefits, whether legislative or otherwise.

(4)

A transferred employee is not entitled to receive any payment or benefit from the Agency or TAB NZ on the grounds that the person’s position in the Agency has ceased to exist or the person has ceased to be an employee of the Agency as a result of their transfer to TAB NZ.

(5)

This clause overrides—

(a)

Part 6A of the Employment Relations Act 2000; and

(b)

any employment protection provision in any relevant employment agreement.

8 Agency venues

(1)

This clause applies to every Agency venue established by the Agency under the former Act and in existence immediately before commencement of this clause.

(2)

On and after commencement of this clause, the Agency venue must be treated as if it were a TAB venue for the purposes of this Act and the provisions of this Act relating to TAB venues apply to it accordingly.

9 Territorial authority consent granted under former Act

(1)

This clause applies to a territorial authority consent granted by a territorial authority in respect of an Agency venue under section 65C of the former Act and in force immediately before commencement of this clause.

(2)

The territorial authority consent continues in force on and after commencement this clause and must be treated as if it were granted in respect of the corresponding TAB venue under section 88.

10 Agency venue policies under former Act

(1)

This clause applies to an Agency venue policy adopted in respect of an Agency venue under section 65E of the former Act and in force immediately before commencement of this clause.

(2)

The policy continues in force on and after commencement of this clause and must be treated as if it were a TAB venue policy adopted in respect of the corresponding TAB venue under section 90.

Agency agreements

11 Agreements with national sporting organisation and Sport and Recreation New Zealand

(1)

This clause applies to an agreement entered by the Agency with a New Zealand national sporting organisation under section 55 of the former Act or with Sport and Recreation New Zealand under section 55A of that Act and in force immediately before commencement of this clause.

(2)

The agreement continues in force on and after commencement of this clause and must be treated as if it were entered into by TAB NZ.

12 Existing betting information use agreements

(1)

In this clause, existing betting information use agreement means an agreement between the Agency and any offshore betting operator that—

(a)

is in force immediately before the commencement of this clause; and

(b)

confers rights on that betting operator or a sub-licensee of that operator to use New Zealand racing and sporting information in the conduct of its betting operations in respect of any race or sporting events held in New Zealand.

(2)

Subpart 1 of Part 5 does not affect any existing betting information use agreement and the agreement continues in force, on and after commencement of this clause, according to its tenor as if it were entered into by TAB NZ and the offshore betting operator.

13 Betting information use agreements entered into by TAB NZ before regulations under section 119 come into force

(1)

This clause applies to a betting information use agreement—

(a)

that was being negotiated by the Agency and an offshore betting operator before the commencement of this clause; and

(b)

that is entered into by TAB NZ and the offshore betting operator after the commencement of this clause but before regulations made under section 119 come into force; and

(c)

that confers rights on that offshore betting operator or a sub-licensee of that operator to use New Zealand racing and sporting information in the conduct of its betting operations in respect of racing and sporting events held in New Zealand.

(2)

Subpart 1 of Part 5 does not affect the betting information use agreement, and the agreement continues in force according to its tenor.

14 Other agreements authorising use of New Zealand racing and sporting information

(1)

This clause applies to an existing agreement between the Agency and an entity other than an offshore betting operator—

(a)

that is in force immediately before the commencement of this clause; and

(b)

that confers rights on that entity (or a sub-licensee of that entity) to use New Zealand racing and sporting information.

(2)

Subpart 1 of Part 5 does not affect the existing agreement and the agreement continues in force, on and after commencement of this clause, according to its tenor as if it were entered into by TAB NZ and the entity.

Rights, assets, and liabilities of Agency

15 Transfer of rights, assets, and liabilities of Agency

(1)

This clause applies to all rights, assets, and liabilities that the Agency had immediately before the commencement of this clause.

(2)

On and after commencement of this clause,—

(a)

all rights, assets, and liabilities of the Agency vest in TAB NZ; and

(b)

every reference to the Agency in any enactment (other than this Act) or in any instrument, agreement, lease, application, notice, or other document must, unless the context otherwise requires, be read as a reference to TAB NZ.

(3)

Subclause (2) has effect whether or not any Act, deed, or agreement relating to any asset or liability permits the vesting or requires any consent to the vesting.

Distribution to racing codes

16 Amounts of distributions to racing codes

Section 16 of the former Act, as it read immediately before the commencement of this clause, continues to apply until the date on which regulations made under section 61 come into force.

Application of revenue from sports betting

17 Application of revenue from sports betting

Section 57(1)(d) of the former Act, as it read immediately before commencement of this clause, continues to apply until the date on which regulations made under section 123(1)(d) come into force.

Schedule 2 Provisions relating to judicial committees and appeals tribunals

s 41

1 Representation at hearings held on race day

(1)

No person may be represented by counsel at any hearing held by a judicial committee for any matter that arises on any race day and that is held on that day.

(2)

Subclause (1) does not apply to a hearing of a judicial committee that is not held on the race day on which the subject matter of the hearing arose, or to a hearing held by an appeals tribunal.

Compare: 2003 No 3 Schedule 3 cl 17

2 Appeals against placings and stakes

(1)

No person is entitled to appeal to any appeals tribunal against any decision made by a judicial committee on the day of a race in respect of placings in that race or stakes payable for those placings.

(2)

Nothing in subclause (1) prevents a judicial committee, at any time after the day of any race, from disqualifying a horse for a race, and making any order the committee considers appropriate as to the alteration of the placings in the race and the stakes payable for those placings,—

(a)

on a ground relating to a drug, stimulant, or depressant having been administered to the horse; or

(b)

on the ground that the horse was ineligible to start in the race; or

(c)

on any other ground on which, under the relevant racing rules, a horse may be disqualified for a race after it has started in the race.

(3)

If a judicial committee decides, after the day of a race, that a horse should be disqualified for the race on any ground referred to in subclause (2), the owner of the horse may appeal against the decision to an appeals tribunal.

Compare: 2003 No 3 Schedule 3 cl 21

3 Privileges and immunities

(1)

Witnesses and counsel appearing before a judicial committee or an appeals tribunal have the same privileges and immunities that they would have in proceedings in the District Court.

(2)

No member of Racing Integrity Board or person who is a member of any judicial committee or appeals tribunal is personally liable—

(a)

for any liability of the Racing Integrity Board, judicial committee, or appeals tribunal; or

(b)

for any act done or omitted to be done by the Racing Integrity Board, judicial committee, or appeals tribunal in good faith in the performance or intended performance of the functions, duties, or powers of the Board, judicial committee, or appeals tribunal.

Compare: 2003 No 3 Schedule 3 cl 25

Schedule 3 Provisions relating to TAB NZ

s 46(9)

TAB NZ members

1 Duties of TAB NZ members

A TAB NZ member, when exercising powers or performing duties as a member, must act—

(a)

in good faith; and

(b)

with reasonable care, diligence, and skill; and

(c)

with honesty and integrity.

Compare: 2003 No 3 Schedule 1 cl 1

2 Appointment of deputy chairperson

(1)

The Minister may appoint a TAB NZ member as the deputy chairperson.

(2)

A person appointed as deputy chairperson holds that office until the person—

(a)

dies, or resigns from that office; or

(b)

is removed from office by the Minister; or

(c)

ceases to be a member.

Compare: 2003 No 3 Schedule 1 cl 2

3 Resignation and removal from office

(1)

A TAB NZ member may resign from office by giving written notice to the Minister.

(2)

The Minister may, by giving written notice to the member, remove the member from office at any time, without compensation, for inability to perform the duties of office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

(3)

The Minister may only remove a person under subclause (2) after the Minister has given the person an opportunity to be heard.

Compare: 2003 No 3 Schedule 1 cl 3

4 Effect of vacancy in membership

The functions and powers of TAB NZ or the governing body are not affected by any vacancy in the membership of the governing body.

Compare: 2003 No 3 Schedule 1 cl 4

5 Remuneration

TAB NZ members must be paid, out of the funds of TAB NZ, remuneration by way of fees, allowances, or expenses that is determined by the Minister.

Compare: 2003 No 3 Schedule 1 cl 5

6 Liability of members and committee members

(1)

A TAB NZ member or person who is a member of any committee of the governing body is not personally liable—

(a)

for any liability of TAB NZ or the governing body; or

(b)

for any act done or omitted to be done by TAB NZ or the governing body in good faith in the performance or intended performance of the functions or powers of TAB NZ or the governing body.

(2)

Every TAB NZ member and every member of any committee of the governing body is indemnified by TAB NZ—

(a)

for costs and damages for any civil liability arising from any action brought by a third party, provided the member was acting in good faith and in performance or intended performance of the functions or powers of TAB NZ; and

(b)

for costs arising from any successfully defended criminal action.

Compare: 2003 No 3 Schedule 1 cl 6

7 Acts may not be called into question

No person may question the following in any proceedings on the grounds that the occasion for the appointment of the person had not arisen or had ceased:

(a)

an appointment of a chairperson:

(b)

an act done by a TAB NZ member while acting as a member:

(c)

an act done by the governing body while any TAB NZ member is acting as a member.

Compare: 2003 No 3 Schedule 1 cl 7

Disclosure of interest

8 Obligation to disclose interest

(1)

A TAB NZ member who (except as a member) has a direct or indirect interest in any of the matters listed in subclause (2) (except a betting transaction) must, as soon as practicable after the TAB NZ member knows about the relevant facts, disclose the nature of the interest in accordance with clause 10.

(2)

The matters are—

(a)

TAB NZ’s performance of its functions or exercise of its powers:

(b)

an arrangement, agreement, or contract made or entered into, or proposed to be made or entered into, by TAB NZ.

Compare: 2003 No 3 Schedule 1 cl 8

9 Meaning of interested

A TAB NZ member is interested in a transaction to which the governing body is a party if, and only if, the member—

(a)

is a party to, or will or may derive a material financial benefit from, the transaction; or

(b)

has a material financial interest in another party to the transaction; or

(c)

is a director, officer, or trustee of another party to, or person who will or may derive a material financial benefit from, the transaction; or

(d)

is the parent, child, spouse, civil union partner, or de facto partner of another party to, or person who will or may derive a material financial benefit from, the transaction; or

(e)

is otherwise directly or indirectly materially interested in the transaction.

Compare: 2003 No 3 Schedule 1 cl 9

10 Disclosure of interest

(1)

A TAB NZ member must, immediately after becoming aware of the fact that the member is interested in a transaction or proposed transaction with TAB NZ, cause to be entered in the interests register, and disclosed to the governing body,—

(a)

the nature and monetary value of the TAB NZ member’s interest if the monetary value is able to be quantified; or

(b)

the nature and extent of the TAB NZ member’s interest if the monetary value cannot be quantified.

(2)

A general notice entered in the interests register or disclosed to TAB NZ to the effect that a TAB NZ member is a shareholder, director, officer, member, or trustee of another named company or other person and is to be regarded as interested in any transaction that may, after the date of the entry or disclosure, be entered into with that company or person is a sufficient disclosure of interest in relation to that transaction.

Compare: 2003 No 3 Schedule 1 cl 10

11 Consequences of disclosure

A TAB NZ member who discloses their interest under clause 10

(a)

must not vote or take part in any deliberation or decision of the governing body relating to the matter; and

(b)

must be disregarded for the purpose of forming a quorum for that part of a meeting of the governing body during which a deliberation or decision relating to the matter occurs or is made.

Compare: 2003 No 3 Schedule 1 cl 11

12 Effect of non-compliance

If a TAB NZ member fails to comply with the disclosure requirements in clauses 8 to 10, the validity of a transaction entered into by TAB NZ is not affected by that fact.

Compare: 2003 No 3 sch 1 cl 12

Confidentiality of information

13 Confidentiality of information

(1)

A TAB NZ member must not disclose to any person, or make use of or act on, any information that is available to the member only in that capacity.

(2)

Subclause (1) does not apply if a TAB NZ member—

(a)

is required or authorised by this Act or any other Act to disclose, use, or act on the information; or

(b)

discloses, uses, or acts on the information for the purposes of TAB NZ or the requirements of the law.

Compare: 2003 No 3 Schedule 1 cl 13

14 When member may rely on certain information and advice

(1)

A TAB NZ member, when exercising powers or performing duties as a TAB NZ member, may rely on reports, statements, financial data, and other information prepared or supplied, and on professional or expert advice given, by any of the following persons:

(a)

a person who that member believes on reasonable grounds to be reliable and competent in relation to the matters concerned:

(b)

any other TAB NZ member or committee on which that member did not serve in relation to matters within that member’s or committee’s designated authority.

(2)

Subclause (1) applies to a TAB NZ member only if the member—

(a)

acts in good faith; and

(b)

makes proper inquiry if the need for inquiry is indicated by the circumstances; and

(c)

has no knowledge that the reliance is unwarranted.

Compare: 2003 No 3 Schedule 1 cl 14

Procedure of governing body

15 Procedure generally

Except as otherwise provided in this Act, the governing body may regulate its own procedure.

Compare: 2003 No 3 Schedule 1 cl 15

16 Dates, times, and places of meetings

(1)

The governing body or the chairperson must appoint the dates, times, and places for meetings of the governing body and give notice of those meetings to each TAB NZ member who is not present when the appointment is made.

(2)

The chairperson, or any 2 TAB NZ members, may at any time call a special meeting of the governing body by giving at least 7 days’ notice (or lesser notice if all TAB NZ members agree) of the special meeting, and of the business to be transacted at the meeting, to each TAB NZ member for the time being in New Zealand.

(3)

Notice of a meeting—

(a)

must be written, and state the date, time, and place of the meeting; and

(b)

may be given by post or electronically; and

(c)

must be sent to the TAB NZ member’s last known address in New Zealand.

(4)

No business other than that stated in a notice of special meeting may be transacted at that meeting.

Compare: 2003 No 3 Schedule 1 cl 16

17 Methods of holding meetings

A meeting of the governing body may be held either—

(a)

by a number of the TAB NZ members who constitute a quorum being assembled together at the place, date, and time appointed for the meeting; or

(b)

by means of audio, or audio and visual, or electronic communication by which all TAB NZ members participating and constituting a quorum may simultaneously communicate with each other throughout the meeting.

Compare: 2003 No 3 Schedule 1 cl 17

18 Quorum

(1)

A quorum for a meeting of the governing body is a majority of the TAB NZ members holding office at the time the meeting is held.

(2)

No business may be transacted at a meeting of the governing body if a quorum is not present.

Compare: 2003 No 3 Schedule 1 cl 18

19 Who presides at meetings

(1)

The chairperson must preside at all meetings of the governing body at which the chairperson is present.

(2)

If the chairperson is not present, or if there is no chairperson, the deputy chairperson, if present, must preside.

(3)

The TAB NZ members present must appoint one of their number to be the chairperson for the meeting if—

(a)

the chairperson or the deputy chairperson is not present; or

(b)

there is no chairperson and no deputy chairperson.

(4)

A person appointed under subclause (3) has and may exercise all the powers, duties, and functions of the chairperson for the purposes of the meeting.

Compare: 2003 No 3 Schedule 1 cl 19

20 Voting at meetings

All resolutions of the governing body must be decided by a majority of the votes cast.

Compare: 2003 No 3 Schedule 1 cl 20

21 Resolutions

(1)

A resolution in writing signed or assented to by letter, fax, or email by all TAB NZ members is as valid and effectual as if it had been passed at a meeting of the governing body duly called and constituted.

(2)

The resolution may consist of several documents in like form, each signed or appearing to have been sent by 1 or more TAB NZ members.

Compare: 2003 No 3 Schedule 1 cl 21

Method of contracting

22 Method of contracting

(1)

A contract or other enforceable obligation may be entered into by TAB NZ as stated in subclauses (2) to (5).

(2)

An obligation that, if entered into by an individual, would be required to be by deed may be entered into on behalf of TAB NZ in writing, signed under the name of TAB NZ by—

(a)

2 or more TAB NZ members; or

(b)

1 or more attorneys appointed by TAB NZ in accordance with clause 23.

(3)

An obligation that, if entered into by an individual, is required to be in writing may be entered into on behalf of TAB NZ in writing by a person acting under TAB NZ’s express or implied authority.

(4)

An obligation that, if entered into by an individual, is not required to be in writing may be entered into on behalf of TAB NZ in writing or orally by a person acting under TAB NZ’s express or implied authority.

(5)

This clause applies to a contract or other obligation—

(a)

whether or not that contract or obligation was entered into in New Zealand; and

(b)

whether or not the law governing the contract or obligation is the law of New Zealand.

Compare: 2003 No 3 Schedule 1 cl 22

23 Attorneys

(1)

TAB NZ may, by an instrument in writing executed in accordance with clause 24(1), appoint a person as its attorney either generally or in relation to a specific matter.

(2)

An act of the attorney in accordance with the instrument binds TAB NZ.

Compare: 2003 No 3 Schedule 1 cl 23

Delegations

24 Delegation by governing body

(1)

Subject to subclause (2), the governing body may, by writing either generally or specifically, delegate any of the functions or powers of TAB NZ to a committee of the governing body or to any person.

(2)

The governing body must not delegate any of the following powers:

(a)

the power of delegation in subclause (1):

(b)

the power to grant a power of attorney.

Effect of delegation

(3)

A person to whom any functions or powers are delegated may carry out those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on the person directly and not by delegation (subject to any direction given, or condition imposed, by the governing body).

(4)

A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

Other matters relating to delegation

(5)

A delegation under subclause (1)

(a)

is revocable at will, but the revocation does not take effect until it is communicated to the delegate:

(b)

does not prevent the governing body from performing the functions or exercising the powers.

Compare: 2003 No 3 Schedule 1 cl 24

Committees

25 TAB NZ committees

(1)

The governing body may, by writing, appoint a committee to—

(a)

advise the governing body on any matters relating to TAB NZ’s functions or powers that are referred to the committee by the governing body; or

(b)

perform or exercise any of TAB NZ’s functions or powers that are delegated to the committee under clause 24(1).

(2)

The governing body may, by resolution, alter, discharge, continue, or reconstitute a committee appointed under subclause (1).

(3)

Committee members may be TAB NZ members or other persons.

(4)

A committee may regulate its own procedure, subject to any direction from the governing body.

(5)

Clauses 7 to 22 apply to the committee.

Compare: 2003 No 3 Schedule 1 cl 28

Employees

26 Appointment of chief executive

(1)

The governing body may appoint a chief executive.

(2)

The chief executive must be appointed on the terms and conditions that are determined by the governing body.

Compare: 2003 No 3 Schedule 1 cl 29

27 Appointment of other employees

(1)

The chief executive may appoint the employees, including employees on secondment from other organisations, that the chief executive thinks necessary for the efficient performance of TAB NZ’s functions, and may negotiate the terms and conditions of employment of those employees.

(2)

Subject to the terms and conditions of employment, the chief executive may at any time terminate or suspend the employment of any of TAB NZ’s employees.

Compare: 2003 No 3 Schedule 1 cl 30

28 Superannuation or retiring allowances

For the purpose of providing a superannuation fund or retiring allowances for its employees, the governing body may pay sums by way of a subsidy or a contribution into any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

Compare: 2003 No 3 Schedule 1 cl 31

Schedule 4 Provisions relating to performance and efficiency audit of TAB NZ

s 50(2)

1 Performance and efficiency audit

(1)

A performance and efficiency audit must be conducted, at least once every 5 years, in relation to how effectively and efficiently TAB NZ is performing its functions under section 48.

(2)

While the audit must relate to TAB NZ’s performance on the particular day on which the audit is conducted and its prospective future performance, the person conducting the audit may have regard to TAB NZ’s performance during the 5 years before that day.

Compare: 1971 No 155 s 103C(2), (3); 2003 No 3 Schedule 2 cl 1

2 Terms of reference

(1)

At least 4 months before the day on which an audit is to be conducted, TAB NZ must consult the Minister regarding the terms of reference for the audit.

(2)

The Minister must provide written notice of the Minister’s views on the proposed terms of reference within 1 month after having been consulted by TAB NZ.

(3)

TAB NZ must determine the terms of reference but, before doing so, TAB NZ must—

(a)

consult each of the racing codes and make any amendments to the terms that it considers appropriate as a result of the consultation; and

(b)

obtain approval of the terms from the Minister.

(4)

If the Minister is not satisfied with any proposed terms of reference, the Minister may determine those terms by giving written notice to TAB NZ.

Compare: 1971 No 155 s 103C(4)–(9); 2003 No 3 Schedule 2 cl 2

3 Appointment of auditor

(1)

A performance audit must be conducted by a person (not being a member, former member, or employee of TAB NZ) appointed at least 1 month before the date on which the audit is to be conducted.

(2)

Before appointing a person under subclause (1), TAB NZ must consult, and obtain the approval of, the Minister in relation to the proposed appointment.

(3)

If the Minister is not satisfied with the proposed appointment, the Minister may appoint a person to conduct the audit.

Compare: 1971 No 155 s 103C(10)–(12); 2003 No 3 Schedule 2 cl 3

4 Conduct of audit

In determining TAB NZ’s performance and efficiency, the person appointed to conduct the audit must take into account—

(a)

the extent to which TAB NZ has established objectives for the performance of its functions; and

(b)

the nature of those objectives; and

(c)

the progress TAB NZ is making towards the achievement of those objectives; and

(d)

the extent to which TAB NZ has put in place policies and strategies to use its resources effectively and efficiently for the purpose of achieving those objectives; and

(e)

the nature of those policies and strategies, and the manner in which they were put in place.

Compare: 1971 No 155 s 103C(13); 2003 No 3 Schedule 2 cl 4

5 Report of audit

A person who conducts an audit must, after conducting it,—

(a)

prepare a written report on the conclusions reached as a result of the audit; and

(b)

provide copies of the report to the Minister, TAB NZ, and the recognised industry organisations.

Compare: 1971 No 155 s 103C(14); 2003 No 3 Schedule 2 cl 5

6 TAB must pay reasonable costs of audit

(1)

TAB NZ must pay the reasonable costs of an audit to the person who conducted it.

(2)

The reasonable costs of an audit are,—

(a)

if TAB NZ appointed the person, the remuneration by way of fees and expenses agreed between TAB NZ and the person:

(b)

if the Minister appointed the person, the remuneration by way of fees and expenses agreed between the Minister and the person (after the Minister has consulted TAB NZ).

Compare: 1971 No 155 s 103C(15), (16); 2003 No 3 Schedule 2 cl 6

Schedule 5 Consequential amendments to other enactments

s 124

Part 1Amendments to other Acts

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35)

In section 5(1), definition of reporting entity, paragraph (a)(v), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 5(1), definition of transaction, paragraph (c)(i) and (ii), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 6(3)(d) and (4)(b), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 6(4)(b)(i), replace “section 50 of the Racing Act 2003” with section 66 of the Racing Industry Act 2019.

In section 130(1)(d), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 137(6) and (7), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 140(2)(r), replace “Racing Act 2003” with Racing Industry Act 2019.

Flags, Emblems, and Names Protection Act 1981 (1981 No 47)

In Schedule 3, replace the item relating to the Racing Act 2003 with:

Racing Industry Act 2019: section 120TAB NZ, Totalisator Agency Board, TAB, Racing Conference, New Zealand Thoroughbred Racing, Trotting Conference, Harness Racing New Zealand, and New Zealand Greyhound Racing Association
Gambling Act 2003 (2003 No 51)

Repeal section 2(1)(n).

In section 4(1), definition of authorised purpose, paragraph (a)(iii), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 4(1), definition of bookmaking, paragraph (b)(i), replace “the Racing Industry Transition Agency or a racing club under the Racing Act 2003” with “TAB NZ or a racing club under the Racing Industry Act 2019.

In section 4(1), definition of racing club, replace “Racing Act 2003” with Racing Industry Act 2019.

In section 4(1), definition of racing code, replace “Racing Act 2003” with Racing Industry Act 2019.

In section 4(1), definition of relevant offence, paragraphs (c) and (d), replace “the Racing Act 2003, or the Racing Act 1971” with “the Racing Industry Act 2019 or the previous racing Acts”.

In section 4(1), definition of remote interactive gambling, paragraph (b)(ii), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 4(1), insert in its appropriate alphabetical order:

previous racing Acts means the Racing Act 2003 and the Racing Act 1971

In section 9(1)(b), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 12(3)(b), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 20(2)(c), replace “Racing Act 2003” with Racing Industry Act 2019.

In the heading to section 33, replace Racing Industry Transition Agency with TAB NZ.

In section 33(1), replace “The Racing Industry Transition Agency and societies that are racing clubs under the Racing Act 2003” with “TAB NZ and societies that are racing clubs under the Racing Industry Act 2019.

In section 33(1A), (2), and (3), replace “the Racing Transition Agency” with “TAB NZ” in each place.

In section 34(b), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 36(3)(a) and (b), replace “Racing Act 2003 or the Racing Act 1971” with the Racing Industry Act 2019 or the previous racing Acts”.

In section 51(3)(a) and (b), replace “Racing Act 2003 or the Racing Act 1971” with the Racing Industry Act 2019 or the previous racing Acts”.

In section 52(4)(c)(ii), replace “Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts)” with Racing Industry Act 2019 or the previous racing Acts (and any rules of racing made under any of those Acts)”.

In section 54(1)(c), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 65(4), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 66(4)(a) and (b), replace “Racing Act 2003 or the Racing Act 1971” with the Racing Industry Act 2019 or the previous racing Acts”.

In section 67(1)(n), replace “the Racing Industry Transition Agency” with “TAB NZ” in each place.

In section 68(1)(c)(ii), replace “Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts)” with Racing Industry Act 2019 or the previous racing Acts (and any rules of racing made under any of those Acts)”.

In section 69A(f), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 71(1)(c), replace “section 29 of the Racing Act 2003” with section 28 of the Racing Industry Act 2019.

In section 120(1), replace “the Racing Industry Transition Agency and that is authorised by, and complies with, the Racing Act 2003” with “TAB NZ and that is authorised by, and complies with, the Racing Industry Act 2019.

In section 120(2), replace “the Racing Industry Transition Agency” with “TAB NZ” in each place.

In section 201(2)(b)(ii), replace “Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts)” with Racing Industry Act 2019 or the previous racing Acts (and any rules of racing made under any of those Acts)”.

In section 318(1)(h)(iv), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 320(3)(a)(i), replace “the Racing Industry Transition Agency, has the same meaning as betting profits in section 17A(3) of the Racing Act 2003” with “TAB NZ, has the same meaning as betting profits in section 63(3) of the Racing Industry Act 2019.

In section 320(3)(a)(ii), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section 320(3)(b)(i) and (d)(i), replace “the Racing Industry Transition Agency (or its successor organisation),” with “TAB NZ”.

In section 365(1)(b) and (2)(b), replace “Racing Act 2003” with Racing Industry Act 2019.

Repeal Schedule 8.

Gaming Duties Act 1971 (1971 No 34)

In section 3, repeal the definition of Agency.

In section 3, definition of fixed-odds betting, replace “the Board or its agents under section 50 of the Racing Act 2003” with “TAB NZ or its agents under section 66 of the Racing Industry Act 2019.

In section 3, definition of sports betting, replace “section 5 of the Racing Act 2003” with section 5(1) of the Racing Industry Act 2019.

In section 3, definition of totalisator racing betting, replace “section 5 of the Racing Act 2003; but does not include equalisator betting within the meaning of section 51” with section 5(1) of the Racing Industry Act 2019; but does not include equalisator betting within the meaning of section 67.

In section 3(1), insert in its appropriate alphabetical order:

TAB NZ has same meaning as in section 5(1) of the Racing Industry Act 2019

In section 4(2), formula, replace “the Agency” with “TAB NZ”.

In the heading to section 5, replace Board with TAB NZ.

In section 5(1), replace “The Board” with “TAB NZ”.

In section 5(1)(a) and (3), replace “the Board” with “TAB NZ” in each place.

Goods and Services Tax Act 1985 (1985 No 141)

Replace section 5(8) with:

(8)

Despite any other provision of this Act, for the purposes of this Act, if any racing betting or sports betting (within the meaning of section 5(1) of the Racing Industry Act 2019) is conducted by TAB NZ (as defined in section 5(1) of that Act), the betting must be regarded as a supply of services by TAB NZ.

In section 5(11CC), replace “Racing Act 2003” with Racing Industry Act 2019.

In section 10(12)(a), replace “the Racing Industry Transition Agency or its agents, plus the net return of bets laid off by the Board” with “TAB NZ or its agents, plus the net return of bets laid off by TAB NZ”.

In section 10(13), replace Racing Industry Transition Agency, racing club, racing betting, and sports betting have the meanings set out in section 5 of the Racing Act 2003” with TAB NZ, racing club, racing betting, and sports betting have the meanings set out in section 5(1) of the Racing Industry Act 2019.

Income Tax Act 2007 (2007 No 97)

In the heading to CW 47, replace TAB with TAB NZ.

In section CW 47(1)(a), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In section CW 47(2), replace “section 5 of the Racing Act 2003” with section 5(1) of the Racing Industry Act 2019.

In section CW 60, replace “Racing Act 2003” with Racing Industry Act 2019.

In section EW 5(3)(a), replace “section 5 of the Racing Act 2003” with section 5(1) of the Racing Industry Act 2019.

In section EW 5(3)(b), replace “Part 6 of the Racing Act 2003” with Part 4 of the Racing Industry Act 2019.

In section EZ 48, definition of excepted financial arrangement, paragraph (i)(i), replace “section 5 of the Racing Act 2003” with section 5(1) of the Racing Industry Act 2019.

In section EZ 48, definition of excepted financial arrangement, paragraph (i)(ii), replace “Part 6 of the Racing Act 2003” with Part 4 of the Racing Industry Act 2019.

Official Information Act 1982 (1982 No 156)

In Schedule 1, repeal the item relating to the Racing Industry Transition Agency.

In Schedule 1, insert in its appropriate alphabetical order:

TAB NZ

Part 2Amendments to legislative instruments

Anti-Money Laundering and Countering Financing of Terrorism (Definitions) Regulations 2011 (SR 2011/222)

In regulation 15(1)(a)(iii), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In regulation 15(4), definition of voucher, replace “the Racing Industry Transition Agency” with “TAB NZ”.

Anti-Money Laundering and Countering Financing of Terrorism (Exemptions) Regulations 2011 (SR 2011/223)

In heading to regulation 6AB, replace Racing Industry Transition Agency with TAB NZ.

In regulation 6AB, replace “the Racing Industry Transition Agency (the Agency)” with TAB NZ.

In the heading to regulation 5, replace Racing Industry Transition Agency with TAB NZ.

In heading to regulation 7A, replace Racing Industry Transition Agency with TAB NZ.

In regulation 7A(1), replace “the Racing Industry Transition Agency (the Agency)” with “TAB NZ”.

In regulation 15(1)(a)(iii), replace “the Racing Industry Transition Agency (the Agency)” with “TAB NZ”.

In regulation 15(3), definition of voucher , replace “the Agency” with “TAB NZ”.

In regulation 24A(3), replace “the New Zealand Racing Board ” with “TAB NZ”.

Electronic Identity Verification Regulations 2013 (SR 2013/9)

In Schedule 1, repeal the item relating to the Racing Industry Transition Agency.

In Schedule 1, insert in its appropriate alphabetical order:

TAB NZ

Financial Markets Conduct (Equine Bloodstock) Exemption Notice 2016 (LI 2016/289)

In clause 4(1), definition of code of practice, paragraph (a), replace “section 29 of the Racing Act 2003” with section 28 of the Racing Industry Act 2019.

Gambling (Fees) Regulations 2015 (LI 2015/313)

In regulation 3(1), definition of category A application, paragraph (b), replace “the Racing Industry Transition Agency” with “TAB NZ”.

Gambling (Problem Gambling Levy) Regulations 2019 (LI 2019/134)

In regulation 6, replace “the Racing Industry Transition Agency” with “TAB NZ”.

In the heading to regulation 11, replace Racing Industry Transition Agency with TAB NZ.

In regulation 11, replace “The Racing Industry Transition Agency” with “TAB NZ”.

In regulation 11(a), replace “the Racing Industry Transition Agency” with “TAB NZ”.

In Schedule 2, replace “Racing Industry Transition Agency” with “TAB NZ”.

Racing (Harm Prevention and Minimisation) Regulations 2004 (SR 2004/291)

In section 3(1), replace “Racing Act 2003” with Racing Industry Act 2019.

In regulation 4, replace “The Agency” with “TAB NZ”.

In regulation 4, replace “an Agency venue” with “a TAB venue”.

In regulation 5, replace “The Agency must, at each Agency venue,” with “TAB NZ must, at each TAB venue,”.

In regulation 6(1), replace “The Agency” with “TAB NZ”.

In regulation 6(1), replace “an Agency venue” with “a TAB venue”.

In regulation 6(2)(e), replace “the Agency may refuse to accept a bet under section 65” with “TAB NZ may refuse to accept a bet under section 85.