R Tauranga 21 June 2025 – R6 – Joe Nishizuka

BACKGROUND:

Following the running of Race 6, Apprentice Rider Mr J Nishizuka, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that as the Rider of MINESHAFT, he shifted inwards when not sufficiently clear of MONDAY MELODY crowding that runner onto MATANE which made contact with the running rail having to be firmly restrained near the 1200 metres.

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

EVIDENCE:

Using the available race films, Trainee Stipendiary Steward Ms K Jillings demonstrated the incident and identified the horses and Riders concerned.

Senior Stipendiary Steward Mr Jones said that approaching the 1200 metre mark, Mr Nishizuka was riding his horse forward and shifted inwards crowding MONDAY MELODY. He initially eases off the pressure but then angles across again into the line of MONDAY MELODY forcing that horse on to the line of MATANE who is checked and made contact with the running rail at the 1200 metre point. At the time Mr Nishizuka shifted ground, his mount was not sufficiently clear of MONDAY MELODY.

Mr Nishizuka admitted the charge. Mr Harris explained that Mr Nishizuka had looked in when coming across, and in doing so turned his body which brought his mount further inwards, extenuating the inwards movement. This showed his inexperience as an apprentice, there was no malice involved, and this should be taken into account in determining penalty.

DECISION:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Senior Stipendiary Steward Mr Jones produced the Respondent’s riding record, which indicated three previous breaches under the Careless Riding Rule in the last 12 months, namely:

23 February 2025 at Pukekohe, which resulted in a 6-day suspension

7 January 2025 at Whangarei, which resulted in a 4-day suspension; and

16 November 2024 at Tauranga, which resulted in a 5-day suspension.

The Respondent has had 222 mounts in the past 12 months.

Senior Stipendiary Steward Mr Jones said Stewards assessed the level of carelessness to be in the low to mid range with a starting point of 6 days. Credit could be given for his admission of the charge.

The Stewards considered his record to be neutral but with this being his fourth charge in the last 12 months it was close to becoming an aggravating factor.

The Respondent advised of riding engagements through until 28 June 2025 and sought a deferment to any proposed suspension until after that date.

REASONS FOR PENALTY:

After considering all submissions, the Adjudicative Committee determined the Respondent’s (Mr Nishizuka) carelessness to be in the low to mid range and adopted a 6-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide.

The race films clearly demonstrate that at the 1200 metre point Mr Nishizuka, moved inwards onto MONDAY MELODY which was then crowded onto MATANE. While Mr Nishizuka adjusted to relieve pressure on the first occasion he then continued to move in the second time when not the required distance clear.

The Respondent’s riding record is treated as a neutral factor, when determining the penalty. While this is his fourth charge the Adjudicative Committee considered the facts of the Respondent being an apprentice, Mr Harris’s submissions, and it being 4 months since his last charge were sufficient for his record to be considered as neutral.

After consideration of the above factors, a 5-day suspension was imposed. The starting point of 6 days reduced by 1 for his admission of the breach.

CONCLUSION:

The Respondent’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 5 days, commencing after racing on Saturday 28 June 2025 and concluding after racing on Saturday 5 July 2025.