This section establishes Racing New Zealand—

The functions of Racing New Zealand are—

Administrative services for Racing New Zealand must be provided by the racing codes.

The services must be provided—

The operations of Racing New Zealand must be funded by the racing codes, in a manner determined by agreement between the codes.

A racing code may delegate in writing any of its functions or powers under this Act to Racing New Zealand.

A delegation under this section—

Racing New Zealand must not delegate any function or power delegated to it under this section to any other person or organisation.

The board of Racing New Zealand comprises—

A member holds office for a term not exceeding 3 years specified in their notice of appointment and may be reappointed for a further term not exceeding 3 years.

A member continues in office despite the expiry of their term until—

A member may at any time—

Except as provided in this section, the board may regulate its own procedures.

The objectives of each racing code are to develop and promote racing conducted by the code.

The functions of each racing code are—

Each racing code has and may exercise all the powers that may be reasonably necessary for carrying out its functions.

In carrying out its functions, each racing code must—

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.

The proposed statement of intent must set out, for each racing year to which it relates,—

In preparing its statement of intent, each racing code must consult racing clubs registered with the code.

Each racing code must publish a copy of its statement of intent on an Internet site maintained by or on behalf of the code.

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

Each racing code must publish a copy of its business plan on an Internet site maintained by or on behalf of the code.

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

The annual report must include—

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.

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 72.

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.

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

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

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.

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

This section applies in respect of any land comprising a racing venue to which section 21 applies.

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 21(1).

In this subpart, unless the context otherwise requires,—

This section applies if a racing club is dissolved by any means (including under section 36(3)).

Subject to section 25, 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.

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

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

The assets of a 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.

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.

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.

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.

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—

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

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.

The transfer proposal must—

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

The proceeds of the sale of a surplus venue vested in a racing code under subsection (5) must only be used to repair, upgrade, or construct another racing venue located in the same region of New Zealand as the venue vested in the racing code unless the code is satisfied that no further racing venues need to be constructed in that region or any existing racing venues in that region do not need repair or upgrading in the foreseeable future.

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).

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

An order under this section—

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

The matters are—

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

If, having considered the matters in section 28(3), the Minister considers that special circumstances exist regarding the use, or potential use, of the surplus venue by the community in which the surplus venue is located, the Minister must not recommend the making of an order under section 27.

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

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

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

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

In carrying out a review, the reviewer must—

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

The costs of a review carried out under this section—

This section applies to a transfer proposal approved by Order in Council made under section 27 and the transfer of a surplus venue in accordance with that section.

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

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.

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

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).

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.

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

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.

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)—

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

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

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

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.

Nothing effected or authorised by section 27—

This section applies while a racing code owns any assets or surplus venues that have been transferred to the code in accordance with this subpart.

The racing code must prepare and maintain a property investment strategy that states how the code proposes to manage those assets or surplus venues, including (without limitation) the code’s priorities regarding the refurbishment of retained venues owned by racing clubs registered with the code.

The racing code must publish a copy of the strategy on an Internet site maintained by or on behalf of the code.

Subject to subsection (4), 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—

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

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

A racing code may not make a determination under this section in respect of a racing club whose racing venue is the subject of—

A racing club may appeal to the High Court no later than 20 working days, or any further period that the court may allow, after receiving written notice of a determination under section 34(3) that the club is no longer racing.

The determination against which an appeal is lodged remains valid pending the determination of the appeal unless the court orders otherwise.

On appeal, the court may—

This section applies if a racing code makes a final determination under section 34(3) that a racing club is no longer racing.

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 to remove the club from the register under section 26(1)(a) of the Charitable Trusts Act 1957 (as the case may be).

If the Registrar receives a notification under subsection (2), the Registrar must make a declaration of dissolution or record the removal of the club from the register of charitable trust boards (as the case may be).

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

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

In addition, the Racing Integrity Board must approve any rules made by a racing code under subsection (1) that affect the compliance or adjudication functions of the Board set out in section 44(1)(a) to (f).

However, if there is a commercial agreement between each racing code or all racing codes and TAB NZ that provides for the involvement of TAB NZ in making racing rules,—

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

Each racing club and participant must comply with relevant racing rules.

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

In addition, the Racing Integrity Board must approve any amendments to racing rules made under subsection (1) that affect the compliance or adjudication functions of the Board set out in section 44(1)(a) to (f).

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.

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.

Rules made under section 37 must be published on an Internet site maintained by or on behalf of the relevant racing code.

Racing rules made under section 37 are contractual in nature.

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.

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.

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

However, subsection (3) applies only to the extent that it is reasonably necessary for the purpose of maintaining public confidence in—

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.

A person who breaches any rule made under this section may be removed from the racecourse by any of the following persons:

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.

However, racing rules may provide for the appointment of inspectors, in addition to those appointed under section 51.

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

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

The functions of the Board are—

Compliance

Adjudication

Other

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

The Board, and any persons employed or appointed by the Board to carry out its functions, have and may exercise all the powers that may be reasonably necessary for the purposes of carrying out those functions.

The Board consists of up to 5 members appointed by the Minister after considering nominations from each of the racing codes and TAB NZ.

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

The Minister must appoint a chairperson from among the members.

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,—

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

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

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

Before providing the budget to the Minister, the Board must—

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.

The statement of intent must set out, for each racing year to which it relates,—

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

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

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

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

The Board must publish a copy of its business plan on an Internet site maintained by or on behalf of the Board.

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

The annual report must include—

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.

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

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.

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.

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

An inspector—

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.

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.

Every person has the same privileges and immunities as witnesses have in a court of law in relation to—

A person commits an offence if the person—

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

A person (other than a veterinarian or a veterinary student acting under the direct supervision of a veterinarian) commits an offence if the person—

Subsection (1) does not apply to—

A person who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 12 months or a fine not exceeding $50,000, or both.

In this section,—

No person other than TAB NZ may offer racing betting, sports betting, or other racing or sports betting (or any combination of those forms of betting) to a person in New Zealand.

Subsection (1) applies to a person (other than TAB NZ) regardless of where the person is resident or incorporated.

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 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.

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.

Except as provided in rules made under section 76 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).

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).

A person who commits an offence against subsection (4) is liable on conviction,—

TAB NZ may make, amend, 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.

Without limiting subsection (1), the rules—

Rules made by TAB NZ under this section may provide that, if there is racing betting on a race, bets may be placed up to 20 seconds after the race starts.

TAB NZ must consult each racing code and the Racing Integrity Board before making, amending, or revoking rules under this section.

However, subsection (4) does not apply if TAB NZ and a racing code or the Racing Integrity Board (as the case may be) agree otherwise in any particular case.

Rules made under this section apply subject to any regulations made under section 98A.

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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 76(2)(b)(ii), for a racing year in payment of (or in respect of)—

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 65, 71, and 72.

TAB NZ may make, amend, 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.

Without limiting subsection (1), the rules—

TAB NZ must consult Sport and Recreation New Zealand before making, amending, or revoking any rules under subsection (1).

However, subsection (3) does not apply if TAB NZ and Sport and Recreation New Zealand agree otherwise in any particular case.

Rules made under this section apply subject to any regulations made under section 98A.

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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.