Latest version of the Racing Industry Bill - LAND GRAB!

[Chief Stipe]

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.

Racing Industry Bill.pdf

[Chief Stipe]

25Transfer 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.

[Mark D]

Thieves

[curious]

It doesn't look like the DIA entirely agree with this and seriously question whether it is legal though they wrote the legislation. From the latest RIA:

The property proposals are also largely based on the recommendations of the Messara report. The RIA notes that the proposals involve interference with the property rights of racing clubs. This raises issues under the New Zealand Bill of Rights Act 1990, including whether such interference can be justified, and a risk of litigation. Time constraints have limited the ability to fully investigate the impacts on the clubs concerned and their associated communities. The limitations affect the assessment of likely benefits and the evidence certainty that net benefits will accrue. Cabinet has noted that care needs to be taken to shift the industry balance towards a commercial focus while still acknowledging its community underpinning and it is important that implementation of the reforms meets both these objectives. Stakeholders were consulted on similar proposals in the Messara report, which attracted widespread negative comment. The alternative proposals set out in this RIA have not been consulted on publicly and engaging openly with stakeholders throughout the process will be critical to the prospects of success for the reforms.

 

This option addresses the problem of underutilised assets at clubs that do not race. However, the creation of a power for a code to wind up a club that does not race would be a significant incursion of a club’s rights of association and, due to the vesting of the assets, common law property rights

 

253. The proposals do not impinge on individual autonomy or responsibility. However, the preferred options have impacts on property rights of clubs, which have potential NZBORA implications given racing clubs’ status as legal persons. In addition, the proposals impact on a club’s right of association and right to peaceful assembly. 

[Guest Whyisit]

The latest from the Daily News today.

https://www.stuff.co.nz/taranaki-daily-news/news/117957124/stratford-loses-traditional-christmas-period-event-to-new-plymouth-raceway

interesting comment from B Saundry regards the land at the end of the article.  Does he speak with a forked tongue.??. 
Stratford has already been  slated to be sold re the Messara report .

Mr John Gray’s request for answers re the cost to the industry by the Stratford Racing Club has fallen on deaf ears at NZTR..

 No Venue Raceday license now next step is Removal from the Incorporated Society  Register so then the land per the club’s incorporation dissolvement clause the NZTR can sell or have party to  if this bill goes through.

Its as simple as that  if you don’t play ball with this crowd now  and don’t think you are immune because you are not targeted by the Messara Report.  if this bill goes through as is no club is safe .

 

Edited December 8, 2019 by Whyisit

[holy ravioli]

You would think it just cannot succeed ,given property rights western democracies.

Very draconian approach.

Each and every club should be allowed to wither and die in their own time,like RSA's that run out of....members and are not viable.

How the assets are dealt with then,will become another...minefield.

 

[Mark D]

Isn't the NP racecourse at risk too - largely because Carey Hobbs and his mates stuffed things up.  Also while it may have the facilities the racetrack is poor and just can't handle the racing or to so they put the rail out so far as to make racing a farce. I don't know about the tongue of Bernie but he certainly hasn't got a brain, heart or soul the same as his board

[Chimbu]

Further to Mark D's comments.

I totally agree that the New Plymouth track doesn't handle the racing it has now. Imagine what sort of racing we'll be viewing if there is a wetter than usual December in New Plymouth (quite likely given the Taranaki climate) with 3 or 4 race days, 2 of those in very close succession. 

IMO, those in the decision making chairs really look like they are steering the Titanic in so many ways. Rationalisation doesn't necessarily produce healthier financials and propping up those venues/clubs that have a history of poor management with 'stolen' assets/funds from rural/provincials that have cost the industry very little over the years, without truly understanding the implications of doing so, is incredibly short-sighted and abhorrent.

As I understand the Messara report, in a few years time it is proposed there will only be one racecourse operating thoroughbred racing in Taranaki north of Waverley. You would have to have rocks in your head if you believe that a single track in NP can cope with all of the dates currently allocated to the Hawera, Stratford & NP courses. It looks even uglier if they insist that all of the grass-track harness meetings race there too.

[Freda]

Look at the recent situation with Gore,  Winton and Ascot Park....Winton not allowed to race on its own track, directed to run at Ascot Park which just happened to be unusable.  So Gore, also down for closure,  had to host the meeting.   Ascot Park had to hold its own meeting at Gore as well, then poor old Gore had its own meeting to run after all that.

Titanic is a good analogy,  Chimbu.

[Bloke]

A huge concern for some time is that there is no democratic process, ie. clubs are unable to vote. If Clubs are unhappy with NZTR well its tough luck as NZTR has huge power which of course they will argue is for the benefit of the code. 

After this Bill goes through, any club bold enough to challenge NZTR runs the  risk of being rubbed out.

 

 

[Guest Whyisit]

3 hours ago, Chimbu said:

Further to Mark D's comments.

I totally agree that the New Plymouth track doesn't handle the racing it has now. Imagine what sort of racing we'll be viewing if there is a wetter than usual December in New Plymouth (quite likely given the Taranaki climate) with 3 or 4 race days, 2 of those in very close succession. 

You are forgetting they will have to cope also with approx 120 extra training horses from the two affected clubs closed down.

see how the New Plymouth grass racing track will handle that.

I bet the encumbrant trainers will love it  especially when the New Plymouth only grass their  course proper is closed to help repair it for a month and they will have nowhere to go to gallop their  horses on grass.

As I understand the Messara report, in a few years time it is proposed there will only be one racecourse operating thoroughbred racing in Taranaki north of Waverley. You would have to have rocks in your head if you believe that a single track in NP can cope with all of the dates currently allocated to the Hawera, Stratford & NP courses. It looks even uglier if they insist that all of the grass-track harness meetings race there too. 

 

[Freda]

I have to wonder how the harness clubs that share facilities with the affected TB ones will manage ?

[Bloke]

44 minutes ago, Freda said:

I have to wonder how the harness clubs that share facilities with the affected TB ones will manage ?

Or training tracks such as Foxton, Masterton and Levin. They should be very worried.

[Kopia]

8 hours ago, Bloke said:

A huge concern for some time is that there is no democratic process, ie. clubs are unable to vote. If Clubs are unhappy with NZTR well its tough luck as NZTR has huge power which of course they will argue is for the benefit of the code. 

After this Bill goes through, any club bold enough to challenge NZTR runs the  risk of being rubbed out.

 

 

Remember the night several days after the last election when Peters, a he does so well, grabbed the 'glory' and announced that NZ First was going to support Labour and the Greens ( thus hoisting fucking ardern upon us)...as well as that he said 'we' are going to be doing things 'differently'.

 

little did most of us realise that what he was saying was ' we-your new govt. are backing communism and socialism, whats yours will become 'ours' and 'we' will decide what happens with your land..( and what you eat, drink,how your children are raised etc etc)

If you don't believe what I've written above then just reflect on what is going on in this country.

[Bloke]

Well the Tories have hardly covered themselves with Glory when it comes to racing.  Nathan Clown did nothing in his time other than appoint fools who screwed up at NZRB. In fact two of the tracks that will likely disappear are in his electorate.

I could imagine the conversation at Levin when someone suggests that they seek his help. 

[mardigras]

6 minutes ago, Bloke said:

Well the Tories have hardly covered themselves with Glory when it comes to racing.  Nathan Clown did nothing in his time other than appoint fools who screwed up at NZRB. In fact two of the tracks that will likely disappear are in his electorate.

I could imagine the conversation at Levin when someone suggests that they seek his help. 

Why should any minister be required to do anything. The strife NZ racing is in is certainly unrelated to what politicians do. The damn politicians are already giving massively to racing on behalf of the country. 

And the new proposed laws are supposedly a way for more money to come the industry's way.

Please sir, can I have some more?

[Murray Fish]

38 minutes ago, mardigras said:

The strife NZ racing is in is certainly unrelated to what politicians do.

Actually, I could put a strong case up that the 'neo-liberal' right wing politics on the Lange Govt had a real material direct results!  Since then we have seen a ma$$ive % of 'wealth' delivered up the food chain!!! I could also suggest that if you look at when racing was travelling well! 50/60's was when the the working class in nz was doing well.

The Nats have not done anything collectively as they individually KNOW that this is a Sunset Industry! 

[Chief Stipe]

10 minutes ago, Murray Fish said:

Actually, I could put a strong case up that the 'neo-liberal' right wing politics on the Lange Govt had a real material direct results!  Since then we have seen a ma$$ive % of 'wealth' delivered up the food chain!!! I could also suggest that if you look at when racing was travelling well! 50/60's was when the the working class in nz was doing well.

The Nats have not done anything collectively as they individually KNOW that this is a Sunset Industry! 

Can we get back on topic please rather than get distracted on politics.

 

[Chief Stipe]

Will this proposed piece of legislation allow the government to procure the New Plymouth grounds from local government?

I recall not too long ago there was talk of not renewing the racing clubs lease.

[Murray Fish]

9 minutes ago, Chief Stipe said:

Can we get back on topic please rather than get distracted on politics.

 

what a strange post! 'everything is politics'. unless you are ignorant!  which so many at the coalface on racing are...  Which has been clearly shown by the lack of a coordinated   'political' response to the M report! 

[Kopia]

10 minutes ago, Chief Stipe said:

Can we get back on topic please rather than get distracted on politics.

 

I'll put my hands up Chief-however there is an undeniable link between how our 'Racing Minister' is attempting to steal racetracks and land for the greater good and how the present coalition losers are acting. For peters to succeed in his land grab he will need the box to be ticked by labour and the greens. Thats the connection

[mardigras]

34 minutes ago, Murray Fish said:

Actually, I could put a strong case up that the 'neo-liberal' right wing politics on the Lange Govt had a real material direct results!  Since then we have seen a ma$$ive % of 'wealth' delivered up the food chain!!! I could also suggest that if you look at when racing was travelling well! 50/60's was when the the working class in nz was doing well.

The spread of wealth may have caused issues, but they are across the board issues - not specifically local to the racing industry. 

[mardigras]

The entire plan (whether it can be achieved or not), is merely a bunch of short term prop ups. Take from x to fund y. Nothing sustainable. The land grab is just another option to get some funds. Should that even happen, when they've gone, what will they grab next?

Knee jerk reactions to a situation the racing industry (not the government), manifest itself.

[Freda]

That's what alarms - and saddens - me.    Take assets from communities, completely disenfranchise local people from racing and the grassroots support base is lost.

Then,  when those funds go,  what happens ?

As Mardi has stated, there is nothing in place to change the overall structure and try to make it sustainable.

[Joe Bloggs]

About 6-7 years back I mooted militant action would be the only way to save NZ racing, back then the Trainers Association along with the OA could have should have stood up to the plate. We all know the Northern Cartel runs racing therefore the TA was severely compromised and in fact a lame duck.

Since then we have seen several changes at management level at NZTR/RB to what effect? The Messara report highlighted so many wrongs, but then the infighting started, so many private agendas, now we see a mooted legislation that borders on Stazi like behaviour, there is no leadership from those high paid salary men and women in Petone, none whatsoever.

As long as Asian racing prospers the Northern Cartel will ride on it's coat tails, much to the detriment of the Hoi poloi within out industry.

NZ needs to play the long game now, it's too late for the usual bandaid approach, however as long as you allow those Northern mercenaries to control racing it will just simmer away until there is a smell of burning and fire alarm goes off......collectively you could still save NZ racing and turn it around, but it needs the right people to do that, from a racing minister with integrity and passion to an owners association that can look at the big picture and a trainers association that represents the hard core racing participants that hold the code at heart and soul, it could be done, but the culture needs to change, and I fear, really fear that is nigh on impossible!