Appeal – Written Decision dated 7 April 2026 – Kimberly Butt

1. INTRODUCTION

Following the running of Race 4 at the Rangiora Harness Racing Meeting on the 1st of March this year, Miss Butt was charged with a breach of Rule 869(4) and riding and driving infringement under Rule 869(6)(b)(c). She did not admit the charge. The Adjudicative Committee found the charge proved and suspended Miss Butt for three days. She appealed that Decision both as to the finding that she had breached the Rule(s) and the suspension. By the time the hearing took place, Miss Butt had already served two days of the suspension. The hearing of the Appeal took place at Addington Raceway and at the conclusion of the hearing, the Tribunal made its decision known.

2. THE HEARING

The Tribunal was shown extensive films of the race and heard detailed submissions from Miss Butt and Mr Renault. A diagram had been prepared and that was shown to the Tribunal. The Tribunal is satisfied that Miss Butt had shifted her horse outwards prior to the 1,000 metres and that Mr Payne’s horse had his nose on the outside of Miss Butt’s wheel. This is clearly a breach of Rule 8696(b)(c) and we were not persuaded that the push out was at or inside the 1,000 metres. Mr Payne, the Driver, has provided a written statement which, in part, said that he was looking to improve and started moving out to follow John Morrison’s horse. He added that he had already begun to shift out before the 1,000 metres and that there wasn’t any pressure coming from underneath him. It was unfortunate that Mr Payne was not present to be questioned at the hearing today and that he did not give evidence on the race day. Taking all these matters into consideration, the Appeal by Miss Butt was dismissed.

3. PENALTY

Miss Butt was suspended for three days and has already had two of those days of suspension take effect. The Adjudicative Committee in its Decision, that speaks of the breach as being midrange. It refers to the Penalty Guide of October 2024. It is important to remember that that is only a guide and not binding. In the Tribunal’s view, the breach by Miss Butt was at a lower level and that it is not accurate to describe same, as the Adjudicative Committee did, as being in the midrange. The breach was close to the thousand metre mark and watching the films, and these were from a number of angles, the inconvenience to the horse on the outside appeared, in our view, to have been minimal. We take the view that the correct categorisation of the breach is lower range and that notwithstanding the provisions of the Penalty Guide, an appropriate suspension would have been two days, rather than three. It follows from what has just been said, that the third day of suspension is quashed and that will mean that Miss Butt is now free to drive and the issue of a stay is no longer relevant.

4. COSTS

Miss Butt has been successful in part only. Her principal appeal against the finding has been dismissed and in those circumstances, there will be no costs order in her favour.

As to the Racing Integrity Board, Mr Renault has been helpful, but given the outcome, which is successful for both parties in a sense, there will be no costs in favour of the Racing Integrity Board. It follows that the parties are to meet their own costs.

As to the assembling and transportation of the Tribunal from their places of residence to Christchurch, it is a cost that will be met by the Racing Integrity Board.