Tauhei Notts

Racing Industry Bill

82 posts in this topic

This Bill is due to have its first reading before the Christmas break.  I have only spent 40 minutes studying it, but the wording brought to mind the actions of the Bolshevics in Russia circa 1918 - 1923.  I am rather perturbed by all racing club's land and buildings being seized by an outfit with its head office in Jackson Street, Petone.  Lenin tried that game once, and it went okay until 1989 when it all came tumbling down.  Lenin was successful because all those who disagreed with him spent the rest of their lives on holiday in Siberia.

I would dearly love to see an interpretation of the Bill prepared by somebody with a legal knowledge vastly superior to my limited skills.

Share this post


Link to post
Share on other sites
1 hour ago, Tauhei Notts said:

This Bill is due to have its first reading before the Christmas break.  I have only spent 40 minutes studying it, but the wording brought to mind the actions of the Bolshevics in Russia circa 1918 - 1923.  I am rather perturbed by all racing club's land and buildings being seized by an outfit with its head office in Jackson Street, Petone.  Lenin tried that game once, and it went okay until 1989 when it all came tumbling down.  Lenin was successful because all those who disagreed with him spent the rest of their lives on holiday in Siberia.

I would dearly love to see an interpretation of the Bill prepared by somebody with a legal knowledge vastly superior to my limited skills.

I think you have got it summed up okay        

Share this post


Link to post
Share on other sites

Contemplating acquisition or 'nationalization' of racecourses, which mostly belong to racing clubs, is just too bizarre for words. What authority would they use - the Public Works Act? Should result in more legal action than the leaky homes saga. Would transferring ownership of the assets to another entity seem a smart move by clubs to frustrate the power-crazed bean-counters?

Share this post


Link to post
Share on other sites
6 hours ago, Phar Lap Fan said:

Contemplating acquisition or 'nationalization' of racecourses, which mostly belong to racing clubs, is just too bizarre for words. What authority would they use - the Public Works Act? Should result in more legal action than the leaky homes saga. Would transferring ownership of the assets to another entity seem a smart move by clubs to frustrate the power-crazed bean-counters?

Have you read the proposed amendment everything is covered regardless whether it’s legal or not.    It’s a case of we make the laws and you can take us to court to prove we are wrong . Read the DIA précis on some of the amendments  they foresee litigation. It’s on the other channel to peruse.

Share this post


Link to post
Share on other sites
1 hour ago, JJ Flash said:

Interesting times ahead. A case of what Winnie wants Winnie gets perhaps????????

 

Greg

Doubt it ... watch Avondale and Te Rapa .. they’ll never surrender their assets 

National will likely chime in now and declare that as a part of their election manifesto they’ll repeal this land grab from the hard working clubs... there’s 25000 votes right there ... the fun is only just starting 

Share this post


Link to post
Share on other sites
4 hours ago, Whyisit said:

Have you read the proposed amendment everything is covered regardless whether it’s legal or not.    It’s a case of we make the laws and you can take us to court to prove we are wrong . Read the DIA précis on some of the amendments  they foresee litigation. It’s on the other channel to peruse.

Since I posted it there, I'll post it here as well in case people don't want to go there. From: https://www.dia.govt.nz/diawebsite.nsf/Files/RIA-Racing-industry-Reforms/$file/RIA-Racing-Industry-Reforms-Bill-No-2-December-2019.pdf

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. 

Share this post


Link to post
Share on other sites
11 hours ago, poundforpound said:

Doubt it ... watch Avondale and Te Rapa .. they’ll never surrender their assets 

National will likely chime in now and declare that as a part of their election manifesto they’ll repeal this land grab from the hard working clubs... there’s 25000 votes right there ... the fun is only just starting 

RITA will just not give them a licence to race and its game over. And i've heard the threat has been issued. To be honest many of the clubs dont deserve to continue. Lack of incentive has seen them become brain dead exec and hangers on pissing up at the members expense and putting licence holders in jeopardy.

Share this post


Link to post
Share on other sites
10 minutes ago, Nerula said:

RITA will just not give them a licence to race and its game over. And i've heard the threat has been issued. To be honest many of the clubs dont deserve to continue. Lack of incentive has seen them become brain dead exec and hangers on pissing up at the members expense and putting licence holders in jeopardy.

Which clubs are you actually referring to there? It sounds like you are describing many of the major metropolitan clubs, whereas it is the smaller community clubs that are largely proposed for closure; plus Avondale and Te Rapa of course, but I suppose they are communities as well.

Share this post


Link to post
Share on other sites

No not picking on the smaller clubs. They are in the main run fairly tight from what I have heard. Take Waverley for example, the local farmers each raise a beef cattle a year. The proceeds go to the club and thats great.

Country people get stuck in.

 

Share this post


Link to post
Share on other sites

A quick comment while still conscious...so might not have this right....

The code decides to ask the Registrar of Societies to take away a licence to race from a Club, then say they are not honouring their responsibilities because they are no longer "active", then says we now want all your land and assets for the betterment of.....the same code that has just shafted you...??!

I can imagine the two fingered salute and two word response that clubs like Avondale and Te Rapa would be giving.

And is there anything to stop member clubs becoming other entities outside of racing....golf clubs, bowling, polo, old peoples homes, real estate developments...??? This will get very messy if it ever sees the light of day.

"Contrary to natural justice" as the report says, doesn't come close.

Share this post


Link to post
Share on other sites

Leggy, thank you for bringing that Department of Internal Affairs 114 page report to our attention.

Nobody with superior legal expertise has contributed so far, so I might just have to give it a go.  But in a later contribution, damn it.

BUT; I recall a comment made many years ago, possibly by one of the Roosevelt people who said;

"A government that is big enough to give you everything you want will also be big enough to take away everything you have got."

I have never ever been a member of any Civil Liberties group, but the measures outlined in the Bill and in the DIA paper raise a few hackles with me about a breach of civil liberties.  I can see the irony in the Avondale Jockey Club having to run their Anzac Day meeting at Ellerslie or Pukekohe.  I think Anzac Day commemorates those people who fought to ensure the continuance of our civil liberties. 

Share this post


Link to post
Share on other sites

Avondale is kind of rooted for a takeover. The inner is designated parks and reserves and used for junior rugby. So dear old Phil Goof wont be happy and all the adjacent pollies are Labour except for Paula Zipitsweetie. But they could put social housing around the perimeter when Kiwibuild cranks up in 50 years.

Share this post


Link to post
Share on other sites

Wily Winston certainly learnt well at the knee of his erstwhile mentor Rob Muldoon. Under the proposed Racing Bill there is provision for the Racing Minister to recommend that an Order In Council can be used if Clubs refuse to hand over their property or assets. This provision is a great leap backwards to Muldoonism.

Share this post


Link to post
Share on other sites
On 12/9/2019 at 7:49 PM, JJ Flash said:

Interesting times ahead. A case of what Winnie wants Winnie gets perhaps????????

 

Greg

This bill goes back to select committee now and you can be absolutely sure it’s going to have major surgery to preclude the land grabbing component and to define a process by which clubs can be persuaded to integrate in a fair bit orderly fashion that protects the rights of the members, their individual club constitutions, and equally importantly the communities heritage and intellectual property created by virtue of the blood and sweat of volunteer labour 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now