Breaching the Rules

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Breaching the Rules

Deducted and Paid

All Matters Submitted

Written Permission

Direction of Board

Kypros Kotzikas

Appeal Rights

Natural Justice

Edmund Burke

What do you think the following rule means: “Every person commits a breach of these Rules who …. fails to comply with any provision of these Rules …. or any direction, instruction, restriction, requirement or condition given, made or imposed under these Rules.”

This Rule is 1002(1)(b) and unless you are someone with the IQ of Forest Gump, you will read it to mean that to not comply with a Rule is to breach that Rule.

In January 2004, I presented written submissions to an Appeals Tribunal quoting this Rule. I did that because money the NZTR CEO had been paying monthly under Rule 405 to the New Zealand Racehorse Owners Federation (NZROF) had been stopped for one year on his instructions..

NZTR also presented written submissions.

Here is what they said, “In many cases, but not all cases, failure to comply with a Rule is deemed to be a ‘breach’ of the Rules.” And then, “Rule 405 is not a rule that can be breached.”

Looking at the Appeals Tribunal decision, it can be seen they agree with NZTR and not with me.

“ … even if the Chief Executive fails to make payment of the levy to NZROF, then no breach of the rule has been committed.”

NZTR must have been jumping for joy when they saw that, as far as the Appeals Tribunal is concerned, their CEO could choose not comply with the requirements of a Rule and still not be in breach of the Rules.

If the Tribunal had agreed with what I said (failing to comply with a Rule is a breach of that Rule) there would be an overwhelming case for both the NZTR CEO and the NZTR Board being charged under the Rules.

Ask yourself if there is there any way Rule 1002(1)(b) could have been written any clearer?

Perhaps someone should ask NZTR for a list of all rules that don't have to be complied with and what they think Rule 1002(1)(b) means -  so that we all know where we stand.

Every person commits a breach of these Rules who …. fails to comply with any provision of these Rules …. or any direction, instruction, restriction, requirement or condition given, made or imposed under these Rules.