24 Nov 2023
HARRIS v THE RACING INTEGRITY BOARD [2023] NZHC 3361
- Citation
- [2023] NZHC 3361
- Court
- High Court
The charge under r 801(1)(s)(i) was ultra vires because that rule proscribes positive acts that are fraudulent, corrupt or detrimental to racing and does not encompass the purely omission‑based allegations pleaded; the Committee had jurisdiction under the Rules to amend and particularise the information and that amendment did not breach s 27(1) NZBORA or natural justice given the opportunity to adduce further evidence; the appeals tribunal was lawfully constituted and no reasonable observer would apprehend lack of impartiality; the charge may be validly reformulated under an appropriate Rule…