Objection To Regulations On Convicted Persons

Press, Volume CX, Issue 32349, 15 July 1970, Page 5

Objection To Regulations On Convicted Persons

(N.Z. Press Association)

WELLINGTON. "The cleanest racecourses in the world’’ could be obtained by methods less drastic than the regulations under section 33 of the Gaming Act, 1908, the Justice Department told the Royal Commission on Racing yesterday.

In its submissions the department said it was a longaccepted principle, subject to limited qualification that when an offender has paid his penalty he has expiated his offence and is entitled to take his place in the community as an ordinary member of society. But under the Gaming Act regulations, there was a restriction on the former offender’s access to places where the ordinary public had access, irrespective of the nature and circumstance of his offence or the original penalty imposed. “Those affected can justifiably complain that they are treated as second class citizens,” it was submitted.

The department was concerned about the wide net cast by the clauses of the model regulations apart from the prohibition of those under a disqualification imposed by the racing and trotting authorities and of bookmakers.

A compromise proposed by the police largely overcame Justice Department objections. Under this, where a conviction was entered more than 10 years before the date of an alleged offence against the regulations, the prosecution would be required to prove as an element of the offence that the person was not fit to be on a racecourse This meant that those with a last conviction more than 10 years ago would have the same rights as the general public—unless the club took positive steps on good grounds to exclude them. Ideally a'right of appeal from

the decision of the executive committee to a magistrate should be in the regulations, the department said. Rising Costs In a supplementary submission the Racing Owners and Trainers’ Federation said that trainers were in particular difficulty. Overhead expenses continued to rise but trainers were reluctant to pass these on to owners in increased fees for fear of losing patronage of clients "who in present circumstances cannot afford to race a horse or horses.’’

Without increased stakes no section of the industry could be assisted.

Centralisation was of more than usual importance in the South Island where problems were aggravated by population moves and economic trends the federation submitted.