19 Sept 2019
FOSTER v RACING INDUSTRY TRANSITION AGENCY (FORMERLY NEW ZEALAND RACING BOARD) [2019] NZHC 2362
- Citation
- [2019] NZHC 2362
- Court
- High Court
Section 65 of the Racing Act 2003 authorises the Agency to refuse to accept bets; the Agency's refusal in this case was supported by contemporaneous incident logs and communications documenting offensive and unsafe conduct by the plaintiff towards staff, and was a proportionate and lawful measure taken to protect staff under Health and Safety obligations; the actions did not engage or breach NZBORA or the Human Rights Act because there was no causative link to a prohibited ground of discrimination and the statutory power provided a lawful limitation. Consequently declaratory relief failed and…