by Brian de Lore
Published 10th January 2020
Whatever degree of
decline you thought racing was in before December 5th, the entire
future landscape of the racing industry changed for the worse on that date upon
the release of the proposed legislation after its rubber-stamping by both Cabinet
and Racing Minister Winston Peters.
What this 100-page document is essentially saying is that racing is not capable of running itself, so here’s a Marxist left-wing decree that dismisses the majority of the recommendations of the Messara Review and negates the serious part of devolving control to the codes, and firmly grips the testicles of all three codes in a bureaucratic-DIA-operated vice.
Winston: …positive reform and increased prizemoney – Yeah right!
The message communicated
to the racing people of New Zealand by our now Minister Winston Peters, both
pre-election and for a year post-election, was that we would get positive reform,
increased stakes money, and return to self-determination with racing people
running racing.
For a time, Peters and Racing
were deeply in love. They became engaged to be married when the coalition
government was formed in October 2017, and the relationship was developing marvellously
until he met a new girl on the block named Rita. Now he’s in love with Dia, and
as Princess DIAna once said, “three in a relationship becomes a little crowded.”
Hardly surprising was it to learn that the engagement between Peters and Racing is now off, and a kiss and make-up reconciliation is looking unlikely. Peters isn’t speaking to Racing (failure to respond to any of The Optimist’s last nine texts is proof enough) and Dia is now the Minister’s sweetheart despite being not so attractive plus a pro-1917-Russian Revolutionist, Marxist supporting and bourgeoisie hating gender-neutral dunce. There’s no accounting for taste, but it is what it is!
The latest speculation is that Winston’s are now firmly gripped in a DIA operated vice on the workbench, but that can’t be confirmed. What can be confirmed, as it is a matter of public record, is that Winston not only whispered sweet nothings in Racing’s ear but loudly declared his love and devotion to Racing when he made his speech to launch the Messara Review at Claudelands on August 30, 2018.
“We all know that so much of the legislation governing your industry was written, not for the industry’s benefit, but for the convenience of politicians and bureaucrats – you all know that, and all of us are to blame for allowing that to happen.”
In that speech, Winston
said: “We all know that so much of the legislation governing your industry was
written, not for the industry’s benefit, but for the convenience of politicians
and bureaucrats – you all know that, and all of us are to blame for allowing that
to happen.”
It just goes to show you that when you are in love, you will say anything to get your wicked way. Winston’s quote retrospectively is a reminder of famous 19th-century writer Nathaniel Hawthorne who once said, “No man, for any considerable period, can wear one face to himself and another to the multitude, without finally getting bewildered as to which may be the truth.”
What we do know is the
quote from Winston above from Claudelands is taken verbatim from his speech,
but the legislation says the opposite. It is a document written
by the bureaucrats for the politicians and the bureaucrats, and the only thing
it will do for racing is retard it. We all lose unless this legislation is
drastically changed or thrown out – racing loses the opportunity to distance
itself from government control, and Winston loses all chance of keeping the
racing vote.
In the Minister’s speech on the Messara Review launch, he also said:
- “Tonight
we set before you a liferaft of reform – it’s reform or die, there’s no
off-course substitute. - It
wasn’t an exercise in ghost-writing for a ministerial office wish-list. What
you have in these recommendations is a clear view of what needs to be done. - We
didn’t commission this report from an expert to strip it of its value. - The
status quo has an inevitable outcome – a sad, not happy one at that. - As
John Messara said in his introductory video, we have a chance to turn racing’s ominous
present and future around.”
It all sounded brilliant at the time, especially the bit about not commissioning an expert to do the report only to strip it of its value. But that’s exactly what’s happened – the expert discarded with advice taken from non-experts and the legislation written by the DIA with no industry knowledge. If adopted, racing will be exposed to further TAB board infiltration by sporting bodies looking for cash and the protestant groups – some of which would like to see racing banned altogether.
Let’s say, Jacinda wins the October election and Labour can
govern alone, and she appoints as Racing Minister, a left-leaning, religiously motivated,
animal rights sympathiser with beliefs fundamentally opposed to gambling. We know
these people exist – they are out there waiting in the wings, Jacinda’s wings.
People appointed to the TAB board are entirely the decision of the Minister of Racing under this proposed legislation – how could we possibly take that risk. In NSW under their legislation, Part 2, Clause 5 says: “Racing NSW does not represent the Crown and is not subject to direction or control by or on behalf of the Government.” Also, they have a selection panel for board appointees, and all the Minister has to do under the NSW system is approve the appointments.
You can’t call what this New Zealand legislation is saying as ‘reform.’ It is ‘regression’
You can’t call what this New Zealand legislation is saying
as ‘reform.’ It is ‘regression,’ and that will be Winston’s legacy to racing if
it gets passed into law. The truest thing the Minister ever said to The Optimist
in all our conversations was that he knew a whole lot more about politics than
he did about racing.
The Messara Review launch in its entirety from August 2018 is viewable on the Youtube video link below. Also listed at the bottom of this blog is a table containing 64 occasions within the proposed legislation in which the Minister has the power to intervene and make the final decision. Where is the Ministerial accountability in this episode of unfortunate events – it will be a disaster if racing rolls over and allows this legislation to proceed. If it does, then kiss the game goodbye, and if you are young enough, head for Australia.
https://www.youtube.com/watch?v=CHeCTwClVcA&t=970s
The word on the streets is that the three codes are united in their opposition to it, apart from Section 16 which, is about the distribution of the profits to each code for stakes. Unless they make a strong, combined, and unanimous protests to stop it, the writing will be on the wall. The Minister has to be convinced to stop listening to bad advice, dump DIA and resume his love affair with Racing, and be accountable for past promises.
It’s an election year,
and it’s hard to fathom why the Racing Minister wouldn’t keep faith with racing
people and fix it. The socialists in the DIA are unlikely to vote for NZ First
but nor will racing unless the Minister intervenes and simply does what he
promised to do.
RACING INDUSTRY BILL, December 2019
THE ROLE OF GOVERNMENT
|
MINISTER OR GOVERNMENT |
CLAUSE OF THE BILL |
DESCRIPTION OF THE MINISTER’S ROLE |
|
1 |
Clause 5 (3) |
Interpretation. Minister recommends to Governor-General, for Order in Council, to add or remove names in the list of recognised industry organisations. |
|
2 |
Cl. 9 |
Minister must receive a statement of intent and present the statement to the House of Representatives. |
|
3 |
Cl 10 |
Minister must receive from each racing code a business plan and present the plan to the House. |
|
4 |
Cl 12 (1) |
If requested by the codes, Minister appoints a body to assume the role or functions of the codes. |
|
5 |
Cl 12 (2) |
Minister may set appointment process for the directors of a code if the Minister determines this is necessary. |
|
6 |
Cl 13 |
Minister may appoint a Commissioner to resolve significant disagreement between any of the codes. |
|
7 |
Cl 14 |
Minister recommends to Governor-General; for Order in Council to make regulations to impose a levy following appointment of a Commissioner. |
|
8 |
Cl 17 |
Minister recommends to Governor-General; for Order in Council, to specify the date on which restrictions on transferring racing club land shall cease to apply. |
|
9 |
Cl 25 (2) |
Minister recommends to Governor-General, for Order in Council, to approve proposal to transfer a code’s surplus land. |
|
10 |
Cl 25 (3) |
Minister may request a transfer proposal of surplus land. |
|
11 |
Cl 25 (6) |
Minister recommends to Governor-General, for Order in Council, to amend a transfer proposal; |
|
12 |
Cl 26 |
Minister must have regard to certain matters and appoint a reviewer before recommending a transfer order. [there are 6 lengthy sub-clauses setting out a complicated procedure] |
|
13 |
Cl 26 (2) |
Minister must appoint a reviewer before determining whether to make an order. |
|
14 |
Cl 26 (4) |
Minister must receive advice from the reviewer about making payments in terms of a transfer order. |
|
15 |
Cl 26 (5) |
Minister determines the apportionment of reviewer’s costs for transfer order. |
|
16 |
Cl 27 (7) |
Minister authorises “a person” to instruct the Registrar – General of Land to register the code as the owner of a surplus venue and record an entry on the title. |
|
17 |
Cl 30 |
Minister must receive a copy of new or amended racing rules. |
|
18 |
Cl 31 |
Minister must approve the rules for racing. |
|
19 |
Cl 35 |
Minister must receive a report, as required, on the operation and effectiveness of the racing integrity system. |
|
20 |
Cl 36 |
Minister appoints up to 7 members of the Racing Integrity Board. |
|
21 |
CL 37 |
Minister must approve a budget in accordance with the Racing Integrity Board business plan. |
|
22 |
Cl 38 |
Minister recommends to Governor-General, for Order in Council, regulations setting out the annual funding by the TAB of the Racing Integrity Board. |
|
23 |
Cl 39 |
Minister must receive before the start of a racing year a Racing Integrity Board statement of intent for that year and each of the 2 subsequent years and present a copy to the House. |
|
24 |
Cl 40 |
Minister must receive a copy of the Racing Integrity Board business plan for that year and present a copy to the House. |
|
25 |
Cl 45 |
Minister must approve any partnering arrangement by the TAB. |
|
26 |
Cl 46 (1)(6) |
Minister appoints up to 7 members, and casual vacancies, of the “governing body” of TAB NZ |
|
27 |
Cl 46 (3) |
Minister appoints a chairperson of TAB NZ from amongst the 7 members. |
|
28 |
Cl 46 (5) |
Minister must notify the appointments to TAB NZ in the Gazette. |
|
29 |
Cl 52(1) |
Minister must receive a copy of the TAB NZ statement of intent. |
|
30 |
Cl 52(4) |
Minister must present a copy of the statement of intent to the House. |
|
31 |
Cl 53 |
Minister must receive a copy of the TAB NZ business plan. |
|
32 |
Cl 53 |
Minister must present a copy of the business plan to the House. |
|
33 |
Cl54 |
Minister must receive a copy of the TAB NZ annual report and financial statements |
|
34 |
Cl54 |
Minister must present a copy of the TAB NZ annual report and financial statements to the House. |
|
35 |
Cl 61 |
Minister recommends to the Governor-General regulations describing the method to be used by the TAB for distributing to the codes surpluses from various sources. |
|
36 |
Cl 63 (1) |
Minister recommends to the Governor-General regulations prescribing the method to determine payments to the codes and Sport & Recreation NZ of betting profits. |
|
37 |
Cl 63 (4) |
Minister must consult with Minister for Sport and Recreation before making a recommendation under sub-clause (1). |
|
38 |
Cl 64(2) |
Minister must receive a copy of the TAB NZ rules and any amendments. |
|
39 |
Cl 64(3) |
The TAB NZ rules must be notified in the Gazette. |
|
40 |
Cl 65 |
Minister must approve the promotion, conduct or control of a race meeting by the TAB NZ. |
|
41 |
Cl 77(1) |
Minister must receive a copy of the TAB betting rules, and amendments, for race betting and sports betting. and must present these to the House |
|
42 |
Cl 77(2) |
Minister must present a copy of the rules or amended rules to the House. |
|
43 |
Cl 91 |
Minister may recommend to the Governor-General, who by Order in Council, may make regulations relating to gambling harm and minimisation, including requirements for the design, layout and furnishing of a TAB venue. |
|
44 |
Cl 92 |
Minister may recommend to the Governor-General, who by Order in Council, may make regulations controlling admission to and exclusion from TAB venues |
|
45 |
Cl 93 |
Minister may recommend to the Governor-General, who by Order in Council, may make regulations for exclusion of problem gamblers from TAB venues and racecourses. |
|
46 |
Cl 99 |
The Department [currently Internal Affairs] is the designated authority to implement betting information and consumption charges. |
|
47 |
Cl 100 |
The Department has power to delegate any functions or powers as the designated authority. |
|
48 |
Cl 103 |
Minister must set the rates of betting information charges. |
|
49 |
Cl 102 |
The Bill sets out a range of items that must form a betting information use agreement, including the payment of sums received direct to the designated authority, ie, the Dept of Internal Affairs. |
|
50 |
Cl 104 |
Designated authority has power to enforce betting information use agreements. |
|
51 |
Cl 105 |
Sums received from consumption charges are paid to the designated authority. |
|
52 |
Cl 106 |
Minister must set rates of consumption charges. |
|
53 |
Cl 108 (1) |
Minister must take into account various matters before setting the rates of betting information use and consumption charges. |
|
54 |
Cl 108 (2) |
Minister must publish a statement of reasons why the betting information use and consumption charges are fair and reasonable. |
|
55 |
Cl 109 |
Minister must review, at least every 5 years, the rates of betting information use and consumption charges. |
|
56 |
Cl 112 |
Minister may exempt offshore betting operator from certain requirements. |
|
57 |
Cl 119 |
Minister recommends to the Governor-General the financial and other information the offshore betting operator must provide to the “designated authority”, ie, the Dept. of Internal Affairs. |
|
58 |
Cl 123 |
Minister recommends to the Governor-General regulations for a variety of matters including terms and conditions for TAB commercial agreements, the process for transferring surplus venues, administration of Racing Integrity Board, appointment of judicial committees, the minimum amounts payable to sporting organisations etc. |
|
59 |
Schedule 1, Part 1, Clause 5 |
Minister appoints establishment board of up to 5 members for transition of racing integrity system under the old Act to the new system established under the new Act. |
|
60 |
Schedule 3, Clause 2 |
Minister appoints a deputy chairperson of TAB NZ |
|
61 |
Schedule 3, Clause 3 |
Minister may remove from office any TAB NZ member. |
|
62 |
Schedule 3, Clause 5 |
Minister determines remuneration of TAB NZ members. |
|
63 |
Schedule 4, Clause 2 |
Minister consults with TAB NZ on terms of reference for a performance and efficiency audit. |
|
64 |
Schedule 4, Clause 3 |
Minister must consult with TAB NZ on appointment of the auditor for the performance and efficiency audit. |
E & OE
John Aubrey
5 January 2020.
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