(1)
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
“Accredited Series” means a single Event or a Series to the organiser of which MotorSport NZ issues an Accredited Permit and includes a MotorSport NZ Championship; and
“Accredited Permit” means the accredited permit issued by MotorSport NZ pursuant to Article 8 of this Code, to either itself or a Member Club as the organiser of an Accredited Series; 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
“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.
(a)
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:
(i)
That it is run in Australia, and
(ii)
That the technical and sporting regulations of the MotorSport NZ or New Zealand MotorSport championship have received the approval of the FIA, and
(iii)
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.
(b)
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:
(i)
Approval of the sporting and technical regulations particularly with regard to safety, and
(ii)
Approval of the calendar, and
(iii)
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)
A speed Event;
(b)
A trial;
(c)
A sprint;
(d)
A street sprint;
(e)
A rallycross;
(f)
A hillclimb;
(g)
A motorkhana;
(h)
An autocross;
(i)
A cross country non-competitive Event;
(j)
A Rallysprint; and,
(k)
A Drift Event.
“ClubSport Series” means a Series for any one(1) or more ClubSport 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:
(a)
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
(b)
Advertising rights being the licences to display, exhibit or advertise any name or names, trademarks or logos on any sign, hoarding, structure, trophy or award; and
(c)
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
(d)
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
(e)
Publicity rights being permissions or consents to publish newspaper and magazine articles (including photographs) relating to the Series, Meeting or Event; and
(f)
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 competitor 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)
A Race (and any practice session therefore);
(b)
A Rally;
(c)
A ClubSport Event;
(d)
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
“Licence” means a certificate of registration issued by MotorSport NZ to any person, firm, Member Club or corporation in accordance with this Code,
including in accordance with Appendix One of this Code and granted pursuant to Part IV or Part VI 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:
(b)
Any Appendix to this Code; or,
(c)
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 IP Licence” means a licence granted to MotorSport NZ in accordance with Article 5 of the Code and Article 10 of the Code and/or Article 63(3) of the Code (as the case may be), in respect of Commercial Rights relating to an activity permitted or licenced by MotorSport NZ; and
“MotorSport NZ Operational Principles Policy” means a written policy approved by MotorSport NZ which;
(a)
records various operating principles, processes and/or guidelines that, expressly or impliedly, apply to various activities by or on behalf of MotorSport NZ under this Code, and
(b)
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” means any of the persons designated an Official by MotorSport NZ in Appendix One of this Code pursuant to
Article 66 or
Article 67 of this Code; 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:
(a)
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,
(b)
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):
(a)
An Organising Permit for a Meeting or Event; and
(b)
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
“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)
A series of Events the winner of which is awarded the title of “Champion” or some other title in the style of “Champion”:
“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.