Direction of Board

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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

In their submission on costs, NZTR wrote, “ ... at all times the Chief Executive of NZTR was acting in accord with the direction of the Board of NZTR.”

The Board was therefore directing the CEO not to pay the proceeds of the registration fee levy to NZROF.

So we have a Rule which says, “ ... it (the levy monies) shall be deducted and paid to the New Zealand Racehorse Owners Federation ... ”

And the Board instructing the CEO not to make the required payments.

Rule 1002(1)(i) says, “Every person commits a breach of these Rules who ... incites, counsels or procures any person to commit a breach of these Rules.”

If the Appeals Tribunal had not decided to say that 405(3) was a Rule that couldn’t be breached, then the Board’s actions would have constituted inciting, counseling and procuring someone to commit a breach of the Rules.

In their decision on costs the Appeals Tribunal wrote, “The actual costs incurred by NZTR are $1,453.90 which sum includes the cost of obtaining legal advice ... ”

NZTR were forced to spend money, on legal fees because serious issues were being raised.

In their Memorandum for Costs, NZTR said this was nothing more that a, “one man crusade ... when quite clearly no breach of the rules had been committed.”

Was it really “quite clear” that there was no breach of the Rules? And if that was the case how come they had to spend so much money and get help from their lawyers?

Maybe it is actually the opposite that is “quite clear.”

Decide for yourself how honest the NZTR submissions are and if the CEO and his Board were nicely let off the hook by the Appeals Tribunal.

Every person commits a breach of these Rules who ... incites, counsels or procures any person to commit a breach of these Rules