PART I – General Principles
Note: Text changes from the previous issue of this Schedule are highlighted such. Text changes for grammatical and/or formatting reasons are not highlighted.
Commencement: This Code shall come into force on the 20th Day of August 2018.
In this Code context otherwise requires:
“this Code” or “the Code” means this National Sporting Code and includes all Appendices thereto and all Schedules to such Appendices, each as may be amended by Manual Amendment issued by MotorSport NZ at any time and from time to time pursuant to Article IV of this Code; and
“Approved Promoter” means an organisation (commercial or otherwise) approved by MotorSport NZ to be responsible for the promotion and administration of a specified MotorSport NZ Series or Event(s), and
“Board” means the Board of MotorSport NZ; and
“Bulletin” refer to “Official Bulletin”; and
“Championship” means a MotorSport NZ Championship, Cup, Trophy or Challenge, which are the property of MotorSport NZ by virtue of the delegation from the FIA.
Championship. A championship may be a series of events or a single event. There are MotorSport NZ championships and international championships. Only the FIA may authorise an international championship. Only MotorSport NZ may authorise a MotorSport NZ or New Zealand MotorSport championship.
MotorSport NZ or New Zealand MotorSport championships may only be organised by MotorSport NZ or with the consent of MotorSport NZ by a member club, Rally NZ Ltd or an Approved Promoter.
MotorSport NZ or New Zealand MotorSport Premier Race Championships may only be organised by MotorSport NZ or with the consent of MotorSport NZ by an Approved Promoter.
A maximum of one(1) event of a MotorSport NZ or New Zealand motorsport championship may be run outside New Zealand, subject to the following conditions:
That it is run in Australia, and
That the technical and sporting regulations of the MotorSport NZ or New Zealand MotorSport championship have received the approval of the FIA, and
That the course on which the event is run has been licensed and approved by the FIA, and that all the FIA regulations on safety and medical assistance are respected.
International championships may only be organised by the FIA, or by another body with written consent of the FIA. In this case, the organiser of a Championship has the same rights and duties as the organiser of an event.
Cup, Trophy and Challenge. A MotorSport NZ Cup, Trophy, or Challenge may comprise a number of events with the same regulations or a single event. These events may only be organised by a member club, Rally NZ Ltd or an Approved Promoter. Approval will centre on the following points in particular:
Approval of the sporting and technical regulations particularly with regard to safety, and
Approval of the calendar, and
Verification that the venue licence of the circuits is appropriate to the categories of vehicles proposed and respect of all the MotorSport NZ regulations on safety and medical assistance; and
“Chief Executive Officer” or “CEO” means the Chief Executive Officer of MotorSport NZ; and
“Classification” means grouping of vehicles according to their engine cylinder capacity or by other means of distinction; and
“ClubSport Event” means either a competitive Event in which competing vehicles, usually competing singly, attempt to complete a well-defined course in the fastest time or allocated points and includes:
A speed Event;
A street sprint;
A cross country non-competitive Event;
A Rallysprint; and,
A Drift Event.
“ClubSport Series” means a Series for any one(1) or more ClubSport Events; and
“Code of Practice for Motorsport Fuel – Storage and Handling” or “Code of Practice – Fuel” means the document developed and issued by MotorSport NZ pursuant to the Hazardous Substances and New Organisms Act 1996 (HSNO Act), in respect to fuels stored and handled at MotorSport NZ Events; and
“Commercial Rights” means all property rights and interests (including all intellectual property rights) existing, created or arising by virtue of and in relation to any circuit, venue or course (either permanent or temporary), a Series, Meeting or an Event capable of being granted or otherwise exploited for gain in New Zealand and includes:
Naming rights (including the right for the organiser of the Series, Meeting or Event to give to or use any official name in connection with the Series, Meeting or Event); and
Advertising rights being the licences to display, exhibit or advertise any name or names, trade marks or logos on any sign, hoarding, structure, trophy or award; and
Sponsorship rights being permissions or consents given to claim or assert sponsorship or endorsement of the Series, Meeting or Event to be recognised as a sponsor or endorser of or official supplier to the Series, Meeting or Event or otherwise to claim or assert association with the Series, Meeting or Event; and
Licensing rights to use the name of the Series, Meeting or Event and any other mark, name or logo used in connection with the Series, Meeting or Event; and
Publicity rights being permissions or consents to publish newspaper and magazine articles (including photographs) relating to the Series, Meeting or Event; and
Film and broadcasting rights being licences to make cinematograph, cable and television films, images or sound recordings and broadcasts of any activities of the Series, Meeting or Event and to reproduce and distribute such films, recordings and broadcasts;
each arising out of and by virtue of that Series, Meeting or Event but for the avoidance of doubt, shall not include any such rights capable of being granted or otherwise exploited for gain outside New Zealand; and
“Competitor” means any person accepted for any competition whatsoever; and
“Competition” means a motorsport competition in which an automobile takes part, which has a competitive nature or is given a competitive nature by the publication of results and which may comprise a heat or heats or other preliminaries and a final, free practice and qualifying practice sessions or be divided in some similar manner but must be completed by the end of the Meeting; and
“Competition Law” means the competition law principles contained in the Commerce Act 1986 (or any legislation directly or indirectly superseding that Act in relation to competition law principles), and in such principles comprised in any associated regulations, other New Zealand legislation or established by the New Zealand Courts; and
“Cylinder capacity” means the volume generated in cylinder (or Cylinders) by the upward or downward movement of the pistons. This volume is expressed in cubic centimetres and for all calculations relating to cylinder capacity the symbol Pi will be regarded as equivalent to 3.1416; and
“Driver” means any Competitor driving a competing vehicle in an Event; and
“Economy Run” means a Competition in which Competitors negotiate a defined road course usually over a long distance, where fuel usage by the competing vehicles is the main factor in deciding the winner; and
“Entrant” means any person, firm or corporation who or which being responsible for a competing vehicle and having the right to make any entry for that competing vehicle into a Series, Meeting or an Event, enters a competing vehicle in that Series, Meeting or Event and who is and remains responsible for all matters relating to such entry and who, if such person is also a Competitor in the competing vehicle so entered, shall mean that Competitor to the intent that any reference in this Code to the Entrant shall be deemed to be a reference also to that Competitor; and
“Entry” means the contract between the competitor and the organiser concerning the participation of the said compeitor in a given competition; and
“Event” means either a non-competitive Event or a single Competition with its own results in which an automobile takes part, which has a competitive nature or is given a competitive nature by the publication of such results and includes (but not by way of limitation):
A Race (and any practice session therefore);
A ClubSport Event;
A Special Event;
“FIA” means the Fédération Internationale de l’Automobile; and
“Force majeure” means for the purposes of this Code (but not by way of limitation) any cause of delay beyond the reasonable control of the party liable to perform unless conclusive evidence to the contrary is provided and shall include unavailability of materials or personnel, delays in shipping or transportation, fire, explosion, strike, lockout, storm, flood, earthquake and subsidence; and
“Handicap” means a method by which an artificial disadvantage (usually time) is imposed on one(1) or more Competitors with the aim of equalising as much as possible the chance of winning; and
“International Series” means a Series which is open to Entrants and Competitors of various nationalities and means an International Series as defined in the International Sporting Code; and
“International Event” means an Event which is open to Entrants and Competitors of various nationalities and means an International Event as defined in the International Sporting Code; and
“International Meeting” means a Meeting which is open to Entrants and Competitors of various nationalities and means an International Meeting as defined in the International Sporting Code; and
“International Permit” means an organising permit granted by the FIA under the International Sporting Code; and
“International Sporting Code” means the International Sporting Code drawn up by the FIA and in force from time to time and at any time and which, as the context may require, shall be deemed to be incorporated into and made a part of this Code; and
“Judicial Committee” means a Judicial Committee in accordance with Article 122 of this Code; and
“Judicial Hearing” means a hearing before a Judicial Committee in accordance with Article 122 of this Code; and
“Licensed Driving School” means a race or rally driving school licensed by MotorSport NZ in accordance with Article 55 of this Code; and
“Manual Amendment” means an amendment to:
This Code; or,
Any Appendix to this Code; or,
Any Schedule to an Appendix to this Code;
made by MotorSport NZ pursuant to Article 4 of this Code; and
“Marathon Rally” means a Rally with an itinerary of not less than 1,000 km of special stages; and
“Meeting” means an organised assembly of Competitors and Officials and including one(1) or more competitive or non-competitive Events taking place within a defined period at the same venue; and
“Member Club” means a club which is a member of MotorSport NZ; and
“Motorkhana” means a Competition in which Competitors negotiate a precise course of less than 200 metres, usually defined by flags or cones, designed to test driver skill rather than outright speed or reliability; and
“MotorSport NZ” means MotorSport New Zealand Incorporated which has, in accordance with its Constitution and By-laws, delegated the various powers and discretions to be exercised by it under this Code to its Board; and
“MotorSport NZ Constitution” means a “Constitution”, “constitution”, “Rules” or “rules” relating to MotorSport NZ, or a “Constitution of MotorSport New Zealand Inc”, or any version or iteration of same, which is registered in Companies Office records regarding MotorSport NZ; and
“MotorSport NZ Operational Principles Policy” means a written policy approved by MotorSport NZ which;
records various operating principles, processes and/or guidelines that, expressely or impliedly, apply to various activities by or on behalf of MotorSport NZ under this Code, and
is published or displayed from time to time by MotorSport NZ, including by e-flag or on MotorSport NZ’s website, and described as the “Operational Principles Policy” or “MotorSport NZ Operational Principles Policy” (or words to that effect): and
“MotorSport Online” means the internet based computer program and database system owned and operated by MotorSport NZ for the purpose of the administration of motorsport in New Zealand (https://online.motorsport.org.nz); and
“National Court of Appeal” means the National Court of Appeal, established by MotorSport NZ from time to time in accordance with Article 124 of this Code; and
“National Event” means a Meeting or an Event open to Competitors holding C Grade and/or R Grade Competition Licences or International Competition Licences issued by MotorSport NZ; and
“National Sporting Calendar” means the National Sporting Calendar maintained by MotorSport NZ; and
“Officer” means any of the Officers of MotorSport NZ set out in Clause 10.1 of the Constitution of MotorSport NZ; and
“Official Bulletin” or “Bulletin” means any document advising important information to Competitors in a Meeting or Event, which must be signed by the Permit Issuing Authority where issued prior to the commencement of a Meeting or Event or otherwise by the stewards, and which:
if issued before the commencement of the Meeting or Event, must be mailed, faxed, emailed or delivered to each Entrant so as to be received by each Entrant prior to the commencement of the Meeting or Event; or,
if issued after the commencement of the Meeting or Event, must be communicated to each Competitor which, if reasonable in the circumstances, may be by placing it on an official notice board at the Meeting or Event; and,
which shall thereupon be deemed to be a part of the Supplementary Regulations of the Meeting or Event; and
“Official Interpretation” means MotorSport NZ’s interpretation of any provision of an Appendix to this Code or any provision of a Schedule to an Appendix of this Code, which is published by MotorSport NZ pursuant to Article 6 of this Code; and
“Organising Permit” means the organising permit issued by MotorSport NZ pursuant to Article 8 of this Code, either to itself or a Member Club as the organiser of a Meeting or Event; and
“Permit” means any permit granted by MotorSport NZ under this Code, including in accordance with Part II of this Code, and including (as the context may require):
An Organising Permit for a Meeting or Event; and
A Sanctioning Permit for a Sanctioned Series;
issued by MotorSport NZ in accordance with Article 8 of this Code; and
“Permit Issuing Authority” means the authority delegated the responsibility for approving Permits for events, either the Permit Issuing Steward for the region or the MotorSport NZ office, in accordance with Appendix One of the Code; and
“Publish” means the dissemination of documents or information to Member Clubs, Competitors or Officials via any means determined by MotorSport NZ at its discretion, whether electronic or hard copy, and including material that appears on the MotorSport NZ public website (www.motorsport.org.nz) or MotorSport Online. (https://online.motorsport.org.nz); and
“Race” means an Event held on a closed circuit between more than two(2) vehicles, running at the same time in proximity on the same course, on one(1) surface, where speed or the distance covered in a given time is the determining factor; and
“Race Series” means a Series of one(1) or more Race Events; and
“Rally” means an Event which is constituted either by a single itinerary, which must be followed by all cars, or by several itineraries converging on the same rallying-point fixed beforehand, and followed by a common itinerary the route of which may include one(1) or several special stages (that is, tests or competitions organised on roads closed to normal traffic, which as a general rule, together determine the general classification of the Rally) the itineraries which are not used for special stages being called “road sections”, and includes a Marathon Rally; and
“Rally Series” means a Series of one(1) or more Rallies; and
“Record Attempt” means an Event in which an attempt is made to set a record in relation to motoring or motorsport use of a vehicle or vehicles; and
“Safety Officer” means an official appointed in lieu of a Steward; where appointed the Safety Officer shall assume the duties and authority of a Steward as they relate to safety only; and
“Sanctioned Series” means a single Event or a Series to the organiser of which MotorSport NZ issues a Sanctioning Permit and includes a MotorSport NZ Championship; and
“Sanctioning Permit” means the sanctioning permit issued by MotorSport NZ pursuant to Article 8 of this Code, to either itself or a Member Club as the organiser of a Sanctioned Series; and
“Series” means a series of Events the results of which are aggregated to form a single result and includes (but not by way of limitation):
A series of Events the winner of which is awarded the title of “Champion” or some other title in the style of “Champion”:
A Challenge; and
“Stewards” means the Stewards of the Meeting appointed by MotorSport NZ for a Meeting or an Event and includes the Stewards of the Meeting when acting in relation to the conduct of a Sanctioned Series of which such Meeting or Event was a round; and
“Street Race means a Race held on a temporary venue whether consisting wholly or partly of roads (as defined in the Transport Act or the Local Government Act) or not; and
“Street Sprint” means a ClubSport Event single car sprint held on a road in residential or commercial (industrial or shopping) areas. Cars may be started at intervals, provided no two(2) cars are on the same section of road between marshal points at any one(1) time; and
“Standing Regulations” means the regulations applicable to all Meeting and Events prescribed by MotorSport NZ pursuant to Article 7 of this Code; and
“Supplementary Regulations” means the regulations issued by the organiser of a Meeting or Event pursuant to Article 17 of this Code; and
“Trial” means an Event in which Competitors in vehicles attempt to complete a specific course defined by written route instructions, with close adherence to a speed schedule, the placing in which are decided by reference to accumulated penalties; and
“Venue” means any circuit or track for which MotorSport NZ issues Permits for Meetings or Events in accordance with this Code; and
“Working Day” Refer to current Holidays Act.
The name or proposed name given to any Competition by the organiser thereof, shall not for the purposes of this Code, affect the determination of whether such Competition is an Event, or a Meeting, Race, Rally, Record Attempt or Series.
In the event of any inconsistency or contradiction between any provision of this Code (on the one hand) and any provision of an Appendix or Schedule to an Appendix of this Code (on the other hand), this Code shall prevail.
This Code, including the obligations of MotorSport NZ and other organisations and individuals identified in this Code, is not intended to contravene Competition Law, and should wherever possible and to the extent possible be interpreted consistently with and not contrary to such Competition Law principles.
This Code shall bind MotorSport NZ.
This Code governs all motorsport Competitions, Meetings and Events for automobiles in New Zealand or any other territory the FIA has allocated to MotorSport NZ, which is conducted under the authority of MotorSport NZ (pursuant to any MotorSport NZ permit, licence or otherwise) or the FIA. MotorSport NZ has been recognised by the FIA as the sole sporting power for motorsport under the authority of the FIA in New Zealand.
If any Article or part of an Article in this Code could be construed more broadly then it shall be construed to apply only to motorsport activity in New Zealand or any other territory the FIA has allocated to MotorSport NZ which is conducted under the authority of MotorSport NZ or the FIA.
In Relation to International Series, Meetings or Events:
Notwithstanding Article 3(1) above, this Code will not apply to the extent that it is clear from the provisions of this Code that only particular parts of this Code apply, or that some parts do not apply, to International Series, International Meetings and International Events.
Notwithstanding Article 3(1) above, this Code will not apply to International Series, International Meetings and International Events, or any other category of motorsport activity which MotorSport NZ has, with the FIA’s approval, delegated to any other entity (except to the extent that the other entity has, with MotorSport NZ’s approval and authority, adopted or incorporated some or all of this Code).
No International Event under the authority of MotorSport NZ or the FIA may be conducted in New Zealand without an International Permit. All applications for an International Permit and all correspondence to and communication with the FIA in connection with an International Event or International Permit under the authority of the FIA in New Zealand must be made by and through MotorSport NZ at all times. All International Events under the authority of MotorSport NZ and/or the FIA must be conducted in accordance with the International Sporting Code, any breach of which shall be deemed a breach of this Code and vice versa.
All International Record Attempts in New Zealand under the authority of MotorSport NZ or the FIA shall be conducted in accordance with Appendix D of the International Sporting Code.
Notwithstanding Article 3(2) of this Code, if MotorSport NZ with the FIA’s approval delegates to any other entity any aspect of MotorSport NZ’s responsibilities regarding any particular category of motorsport activity, MotorSport NZ may agree to allow that other entity to rely on or replicate any part of this Code or agree to allow that other entity to rely on or replicate any part of this Code or agree to allow that other entity to make use of processes provided for under the Code, on such terms as MotorSport NZ sees fit. Unless MotorSport NZ expressly agrees otherwise, that other entity and not MotorSport NZ will be responsible for any motorsport activity authorised by that other entity, and MotorSport NZ does not itself authorise, or assume any responsibility for, any of the activities of that other entity.
It shall be a condition of any Permit, approval consent, dispensation, waiver or exemption granted by MotorSport NZ that the organiser of the Series, Meeting or Event comply with all statutes, regulations, ordinances, resource consents or by-laws applicable to the organiser or the Series, Meeting or Event together with all and any contractual obligations entered in to by and binding upon the organiser of the Series, Meeting or Event and any breach of any such statute, regulation, ordinance, resource consent, by-law or contractual obligation shall be deemed to be a breach of this Code.
MotorSport NZ may, in its discretion, grant to the organiser of any Series, Meeting or Event (including itself) such dispensation, waiver or exemption from any of the provisions of this Code as may be necessary or desirable to accommodate any extraordinary features of the Series, Meeting or Event which may not be contemplated by this Code provided such feature is not contrary to any provision of this Code.
The onus of complying with this Code and a Permit issued by MotorSport NZ shall at all times be upon the organiser of any Series, Meeting or Event.
The processes of the Clerk of the Course, Event Director, Race Director or Stewards shall not be deemed invalid, by reason of some procedural error of deficiency, provided there has been no demonstrable prejudice to the Competitor.
Operational principles, processes and guidelines: MotorSport NZ and its representatives, agents and delegates on its behalf should seek to act, in accordance with any MotorSport NZ Operational Principles Policy (as defined in this Part I of this Code).
If and to the extent that any MotorSport NZ Operational Principles Policy expressly provides that some or all of the principles, processes and/or guidelines it contains are enforcable as if they were themselves part of this Code and enforcable under this Code then they shall be enforcable on that basis to the extent permissable by law.
Otherwise any such MotorSport NZ Operational Principles Policy shall comprise guidelines only, and shall not in itself be enforcable under this Code.
Where there is any conflict between the terms of this Code and any MotorSport NZ Operational Principles Policy the terms of any such policy shall where possible be interpreted in a way that is consistent with the terms of this Code but otherwise the terms of this Code shall prevail.
Amendment to this Code: MotorSport NZ may amend this Code and any Appendix to this Code and any Schedule to any Appendix of this Code at any time and from time to time. All amendments to this Code shall be published by MotorSport NZ by publishing a Manual Amendment and shall become effective on the date nominated by MotorSport NZ which date may at MotorSport NZ’s option in its absolute discretion, be before or after the date of publishing.
MotorSport NZ IP Licence (to use Commercial Rights): The legal owners (other than MotorSport NZ) of all Commercial Rights in respect of any circuit, venue or course, Sanctioned Series, Meeting or Event held in New Zealand under the authority of any permit, licence or other authority issued by MotorSport NZ and/or under the authority of the FIA grant to MotorSport NZ (in accordance with the relevant permit, licence or other authority), a MotorSport NZ IP Licence.
A MotorSport NZ IP Licence:
binds the grantor of the MotorSport NZ IP Licence, and all their lawful successors and assigns;
is a non-exclusive licence to use all of the Commercial Rights owned, controlled or otherwise provided by the grantor in connection with the circuit, venue or course, Sanctioned Series, Meeting or Event to which any Permit or Licence relates;
Entitles MotorSport NZ to use all of the Commercial Rights associated with any such circuit, venue or course, Sanctioned Series, Meeting or Event for such purposes as MotorSport NZ sees fit that relate to advertising, promotion and operation of those places or activities, or for advertising, promotion or operation of MotorSport NZ activities or motorsport generally.
comes into effect with immediate effect, in accordance with the commitments given by all permit and licence holders to comply with the terms of this Code.
Until such time as a MotorSport NZ IP Licence comes into effect in accordance with Article 5(1)(e) of this Code (and including if, despite Article 5(1)(e) of this Code, any such MotorSport NZ IP Licence does not come into effect until licensees or permit holders are issued or reissued new licences or permits after the provisions of this Code relating to MotorSport NZ IP Licences come into effect), MotorSport NZ shall continue to hold, at its sole option (and to the extent that MotorSport NZ maintains that it holds such rights), the same intellectual property rights that it held prior to the amendments to this Code granting a MotorSport NZ IP Licence, as if those amendments had not yet come into effect.
MotorSport NZ may exercise its rights under a MotorSport NZ IP Licence itself, or through its agents or delegates, or through the FIA.
Member Club Commercial Activities: Member Clubs, and other participants in any motorsport activity under the authority of MotorSport NZ are required to have fair, transparent, lawful membership criteria, and not to contravene Competition Law, particularly when they take steps that could potentially impact on opportunities for any party to participate (in any capacity) in motorsport under the authority of MotorSport NZ or the FIA.
Official Interpretation: MotorSport NZ may in its discretion as any particular circumstances may make necessary or desirable, interpret any provision of any Appendix to this Code or any provision of any Schedule to an Appendix of this Code. All such interpretations shall be made in writing and published by MotorSport NZ and shall have persuasive effect upon the organiser or any Official of a Sanctioned Series, Meeting or Event.
Standing Articles and Regulations:
MotorSport NZ shall in Appendix One of this Code, from time to time prescribe standing Articles for Race, Rally and ClubSport Series (but without prejudice to the provisions of Article 11(8)).
MotorSport NZ shall in Appendix Two of this Code, from time to time prescribe Standing Regulations for Safety.
MotorSport NZ shall in Appendix Three of this Code, from time to time prescribe Standing Regulations for Rallies.
MotorSport NZ shall in Appendix Four of this Code, prescribe from time to time Standing Regulations for Race Meetings and Events.
MotorSport NZ shall in Appendix Five of this Code, from time to time prescribe Standing Regulations for ClubSport Events.
MotorSport NZ shall in Appendix Six of this Code, from time to time prescribe Standing Regulations for Historic and Classic competition Events.
MotorSport NZ shall in Appendix Seven of this Code, from time to time prescribe Standing Regulations for the conduct of national record attempts (published as a separate publication).