Matamata RC 14 February 2026 – R7 – Elen Nicholas

Introduction

Following the running of Race 7, the Comag Wairere Falls Classic ($350,000) at the Matamata RC Meeting on 14 February 2026, Apprentice Rider Ms E Nicholas admitted a charge alleging that she used the whip on her mount, KNIGHTS REALM, when out of contention of finishing in the first five placings.

Ms Nicholas was supported at the hearing by her Rider Agent Mr Ted McLachlan.

The charge was filed pursuant to Rule 638(3)(f)(iii) which provides that:

a Rider must not use his/her whip when the Rider’s horse is out of contention of running in the first five placings.

EVIDENCE

Using available race films, Stipendiary Steward Mr G Stewart identified Ms Nicholas’ mount, KNIGHTS REALM, who was racing near the rear of the field entering the final straight.

Senior Stipendiary Steward Mr A Dooley demonstrated the incident. He referenced two strikes of the whip that were of particular concern. The first was at the 150-metre mark and the second was near the 100-metre mark. He said that when both strikes were applied, there was no chance of KNIGHTS REALM finishing in the first five placings. He added that the first strike was marginally at or slightly above shoulder height, but Stewards were not concerned about that in the context of this charge.

Mr Dooley said that KNIGHTS REALM finished in 12th place and at the line, was 6.4 lengths behind the 5th placed horse.

Chief Stipendiary Steward Mr J Oatham added that Ms Nicholas’ mount was trying to lay in, so she changed her whip hand and applied the strike at the 150 metres, her intention being to apply the strike down the shoulder with both hands on the reins.

In response, Ms Nicholas stated that she didn’t know that a shoulder strike counted – for the purpose of the Rule.

DECISION

As Ms Nicholas admitted the charge, the Adjudicative Committee finds the breach proved.

SUBMISSIONS TO PENALTY

Mr Dooley advised that this is Ms Nicholas’ fifth breach of the Rule. The most recent breach occurred at the Wellington RC Meeting on 31 January 2026 (heard at Waikato TR on 7 February 2026). This resulted in a $750 fine being imposed. The other three breaches occurred at the Waikato TR Meeting on 30 January 2026, the Whangarei RC Meeting on 6 January 2026; and the Rotorua RC Meeting on 27 December 2026. These breaches all resulted in fines being imposed.

Mr Dooley said that Ms Nicholas is going through a tough time trying to come to terms with the application of the Rule. He suggested a large fine or suspension be imposed, given that this is Ms Nicholas’ fifth breach of the Rule.

Ms Nicholas submitted that she didn’t realise a shoulder strike counted. She wished to defer any proposed suspension, until after racing on 21 February 2026.

Mr McLachlan submitted that Ms Nicholas is currently sitting second on the Apprentice Riders Premiership. He said she is trying hard and is riding well at the moment.

REASONS FOR PENALTY

The film evidence is quite clear. Ms Nicholas struck her mount twice over the concluding stages of the race. Both strikes were applied inside the final 150 metres, when there was never a possibility of her mount finishing in the first five placings. Her mount finished in 12th place, more than 6 lengths from the 5th placed horse.

Ms Nicholas is a repeat offender. This is now her fifth breach of this Rule. The frequency of breaches within such a brief timeframe, is without precedent. Following her fourth breach, the Adjudicative Committee advised Ms Nicholas, that any further breaches would be met with a penalty commensurate with the gravity of her offending.

It is a concern that this breach occurred 7 days after the previous hearing, in which she told the Adjudicative Committee she would take corrective action to address her whip use. In that regard, Stewards have undertaken to direct Ms Nicholas to meet with an NZTR appointed Rider Skills Review Panel for remedial training under the provisions of Rule 356(2).

As was submitted, Mr Nicholas’ second place in the Apprentice Riders Premiership does not lessen her offending. All Riders, regardless of their position in the premiership, must follow the Rules.

At the conclusion of the hearing, Ms Nicholas raised an objection regarding the Adjudicative Committee’s reference to animal welfare concerns in relation to the breach, highlighting that only two strikes were applied in this instance. The Adjudicative Committee emphasises that both NZTR Policy and the Racing Integrity Board (RIB) maintain a clear and strict approach to addressing breaches involving the use of the whip, as well as related animal welfare considerations.

The Adjudicative Committee reminds participants that these positions are clearly set out in the NZTR Whip Use Guidelines, effective from 10 February 2023, which underscore the importance of upholding both the Rules and the welfare of the horse in such matters.

“NZTR’s position continues to be that the excessive, unnecessary or improper use of the whip during racing is unacceptable (particularly where repeated) and must be denounced and discouraged by way of penalty”.

Striking a horse when out of contention of finishing in the top five placings, is an unnecessary use of the whip and repeat offending of this nature must be denounced.

The Penalty Guide provides for a starting point fine of $300 for a first offence. But a fifth breach is dealt with on a fact dependent basis.

In addition to this being Ms Nicholas’ fifth breach, a further aggravating factor includes the status and stakes of the race ($350,000) – Rule 920(2) refers. The Adjudicative Committee determined that monetary penalties (fines) have failed to serve as an adequate deterrent; therefore, it considers suspension to be the most suitable sanction.

Therefore, after considering all the circumstances, in particular Ms Nicholas’ very poor record, the number of strikes and the status of the race, the Adjudicative Committee imposed a 4-day suspension.

CONCLUSION

Apprentice Rider Ms Nicholas is suspended from riding in races from the ending of racing on 21 February 2026, until after racing on 28 February 2026 (4 days inclusive).