Non Raceday Inquiry – Written Decision dated 24 May 2023 – Jason Teaz

CHARGE

Between 17 October 2022 and 10 February 2023, Mr Teaz, while a Licensed Public Trainer, did post a total of four (4) tweets on his public Twitter Account, deemed to be in breach of the New Zealand Harness Code of Conduct Regulations & Racing Rule 1001(A)(2) and subject to the penalties pursuant to Rule 1003(1).

Rule 1001A(1) & (2) states:

(1)  The Board may make Code of Conduct Regulations, the purpose of which is to strike a balance between HRNZ needs, the need to protect its interests, manage its professional obligations to other members, stakeholders, staff and  participants rights.

(2)  A person who fails to comply with the Code of Conduct Regulations commits a breach of the Rules.

Penalty 1003(1) states:

A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(3), 1001 or 1004 hereof) be liable to the following penalties:

(a)  a fine not exceeding $10,000; and/or

(b)  suspension from holding or obtaining a Licence for a period not exceeding 12 months; and/or

(c)  disqualification for a period not exceeding 12 months.  In addition to or in substitution of any penalty imposed pursuant to sub-rule (1) hereof, any horse connected with the breach of the Rule may be scratched or disqualified from any race and/or disqualified for a period not exceeding 12 months.

SUMMARY OF FACTS

The Respondent in this matter, Jason Teaz, is the holder of a Public Trainers Licence issued by Harness Racing New Zealand (HRNZ).

He is 38 years of age and has held a Public Trainers Licence since 1 August 2002.

He has been in a training partnership with his wife Megan Teaz since 1 August 2010.

CIRCUMSTANCES

1. Mr Teaz is the creator and user of public Twitter Account – @TeazJason.

2. He currently has 94 Twitter followers of his public account, which means they will receive his posted tweets directly in their home Twitter Timeline. His tweets are also accessible to members of the public who log into twitter and search account – @TeazJason.

3. On 17th October 2022, the following tweet was posted on his Twitter Account: – “Goes 2:40 after doing work mid race this w….r who writes the tab comments feels the need to bag Brookies Jaffa. Maybe the Tab and HRNZ should get some analysts instead of A…..s.”

4. On 19th November 2022, the following tweet was posted on his Twitter Account: – “Listening to Trackside tonight and the exBERT reckons my horse was chucked in the deep end…well when he finds another race he was eligible for in his rating band in the North Island this week then il accept that hes not a total f…..t”.

5. On 30th January 2023, the following tweet was posted on his Twitter Account: – “So Hawera are being forced to run 1 trot with 18 runners. Maiden front witjr70s off 90m..TAB say club cant run 10 races..whp are these w…..s and how can we make them disappear.”

6. On 12th January 2023, the following tweet was posted on his Twitter Account: – “12 point difference in race 1 at Cambridge last night and same there…handicappers are corrupt.”

7. Mr TEAZ was interviewed at the Cambridge Raceway on 6th April 2023 post two individual complaints regarding the context of his twitter account that was directed directly to the RIB.

8. One of these complaints came from RaceForm NZ a printed weekly racing news & form publication. As a result of a written complaint, they had received from one of their subscribers regarding the content of Mr TEAZ’s tweets.

9. Mr TEAZ used to be employed by RaceForm to provide racing content & analysis over a three-year period and was reimbursed accordingly for his contribution. However, as a result of the written complaint, RaceForm made the decision to dispense with Mr TEAZ’s contribution to their publication in February 2023.

10. The written complaint to RaceForm stated – “I do not personally know Mr Teaz, however I do know people who know him, and I do personally know some people who have been the victim of his disgusting online trolling and abuse that he seems to throw out to people every day. One person in particular I know, was greatly affected by some of his action’s.

“I have taken it upon myself to do the right thing and bring it to your attention. It is simply wrong he is in a mainstream publication as yours.”

11. Mr TEAZ has admitted to operating the Twitter Account – @TeazJason and having written and posted the four tweets outlined in this summary.

12. Mr TEAZ gave the following explanation during interview as to why he had written and posted these tweets: – “I don’t know. Sometimes I’m in an angry mood or something and might read something on there that I agree with and then get a lured in. I don’t often start the read something or like it and then … it’s just stupidity, really. As I say, I’m not making any excuses for myself, I’ve had a shocking last couple of years, to be honest. That sort of stuff, it’s not really me, to be honest.”

13. Mr TEAZ has previously been interviewed by the RIB in August 2021, regarding a complaint received by the RIB directly from HRNZ regarding Mr Teaz’s twitter content. The content was defined as “clearly offensive”.

14. During that interview Mr Teaz acknowledged to RIB Investigators that he had written the tweets. He further acknowledged: – “that he had overstepped the mark” and assured “that it wouldn’t happen again.”

15. He was issued a formal warning letter and informed of the pending HRNZ Code of Conduct, which was due to come into force in December 2021. He acknowledged to RIB Investigators at the time, “that he thought it was already in place”.

16. The HRNZ Code of Conduct Regulations came into effect on 15th December 2021. It outlines under Section 8:-

REPUTATION

8.1  Persons to whom this Code applies must behave in a way that enhances and supports the good reputation of Harness Racing and does not bring Harness Racing into disrepute.

8.2  When making public statements or using social media related to Harness Racing, participants should provide informed and factually accurate information and ensure that any commentary or opinion does not cause damage to the reputation of Harness Racing and does not breach the Rules of Harness Racing.

17. Megan TEAZ, being Mr TEAZ’s wife and Licenced Training Partner, appears to be completely detached from any involvement in Mr TEAZ’s personal tweets.

18. Enquiries undertaken with Harness Racing New Zealand [HRNZ] regarding judicial on file for the respondent confirms one previous charge & two warning letters associated to misconduct. In February 2004 he was charged with receiving stolen property resulting in his HRNZ Licence to Train & Amateur Drivers Licence being suspended for four months. As previously outlined, he received a warning letter in August 2021 regarding social media posts. He also formally warned in February 2022 regarding breaching Covid Protocols at a trial meet.

19. The RIB believe that these four tweets posted by Mr Teaz on his Twitter Account fail to comply with the Code of Conduct Regulations defined under ‘social media’ & reputation and are therefore in breach of Rule 1001A (2) New Zealand Rules of Harness Racing.

COMMENTS

Mr Teaz agreed with the Summary of Facts, with the exception of item 13.

He said that he sent a screen shot to four friends for a bit of a laugh.

However, one of the friends took exception to the content and contacted Harness Racing NZ.

Mr Teaz did confirm that he was interviewed and warned in writing by the RIB at that time.

The content was defined as ‘clearly offensive’.

DECISION

Due to Mr Teaz admitting the breach, it was deemed proved by the Adjudicative Committee.

RIB PENALTY SUBMISSIONS

1. Introduction

1.1 The Respondent in this matter, Jason TEAZ, is the holder of a Public Trainers Licence issued by Harness Racing New Zealand [HRNZ].

1.2 He is 38 years of age and has held a Public Trainers Licence since 1st August 2002.

1.3 He has been in a training partnership with his wife – Megan Teaz since 1st August 2010.

1.4 We are satisfied that Megan TEAZ, appears to be completely detached from any involvement in Mr TEAZ’s personal tweets.

1.5 Mr TEAZ has admitted the breach to one ‘representative charge’ and faces one Information in breach of Rule 1001A(2) in relation to posting a total of four (4) ‘tweets’ on his public Twitter Account deemed to be in breach of the New Zealand Harness Code of Conduct Regulations & Racing Rule 1001A(2) and subject to the penalties pursuant to Rule 1003(1).

2. Offending

2.1 The details of Mr TEAZ’s offending are contained in the Racing Integrity Board Summary of Facts, which have been agreed. Sailent points are highlighted below.

2.2 Mr TEAZ is the creator and user of public Twitter Account – @TeazJason.

2.3 He currently has 94 Twitter followers of his public account, which means they will receive his posted tweets directly in their home Twitter Timeline. His tweets are also accessible to members of the public who log into twitter and search account – @TeazJason.

2.4 On 17th October 2022, the following tweet was posted on his Twitter Account: – “Goes 2:40 after doing work mid race this w….r who writes the tab comments feels the need to bag Brookies Jaffa. Maybe the Tab and HRNZ should get some analysts instead of A… ists.”

2.5 On 19th November 2022, the following tweet was posted on his Twitter Account: – “Listening to Trackside tonight and the exBERT reckons my horse was chucked in the deep end…well when he finds another race he was eligible for in his rating band in the North Island this week then il accept that hes not a total f…..t”.

2.6 On 30th January 2023, the following tweet was posted on his Twitter Account: – “So Hawera are being forced to run 1 trot with 18 runners. Maiden front witjr70s off 90m..TAB say club cant run 10 races..whp are these w…..s and how can we make them disappear.”

2.7 On 12th January 2023, the following tweet was posted on his Twitter Account: – “12 point difference in race 1 at Cambridge last night and same there…handicappers are corrupt.”

2.8 Mr TEAZ was interviewed at the Cambridge Raceway on 6th April 2023 post two individual complaints regarding the context of his twitter account that was directed directly to the RIB.

2.9 Mr TEAZ has admitted to operating the Twitter Account – @TeazJason and having written and posted the four tweets outlined in this summary.

2.10 This matter deals with one representative charge brought against the Respondent under Rule 1001A(2) in relation to posting a total of four (4) ‘tweets’ on his public Twitter Account deemed to be in breach of the New Zealand Harness Code of Conduct Regulations & Racing Rule 1001A(2).

2.11 The Respondent has admitted the breach of the Rule.

3. Penalty Provisions

3.1 The penalties which may be imposed are detailed in the Charge Rule and Penalty Provisions document.

3.2 Rule 1003(1)

A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(3), 1001 or 1004 hereof) shall be liable to the following penalties:

(a) fine not exceeding $10,000.00; and/or

(b) suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or

(c) disqualification for a period not exceeding 12 months.

4. Sentencing Principles

4.1 The four principles of sentencing can be summarised briefly:

▪ Penalties are designed to punish the offender for his / her wrongdoing. They are not meant to be retributive in the sense the punishment is disproportionate to the offence, but the offender must be met with a punishment.
▪ In a racing context it is extremely important that a penalty has the effect of deterring others from committing similar offences.
▪ A penalty should also reflect the disapproval of the RIB for the type of behaviour in question.
▪ The need to rehabilitate the offender should be considered.

4.2 The first three principles apply in this matter.

5. Precedent

5.1 There have been no previous charges laid under the HRNZ Code of Conduct Regulation that came into effect on the 15th December 2021.

5.2 Nor has there been any previous RIB prosecutions directly associated to online abuse or social media. However, the following are cases & decisions involving misconduct of a verbal nature involving threatening, insulting, or offensive language: –

• RIB V NEAL (25.10.2022) Trainer. Misconduct, insulting, and offensive language directed towards Racing Officials. The penalty in this case was a $500 fine.

• RIB V PENDER (22.02.2022) Trainer. Misconduct, insulting, and offensive language directed at an employee of the Tauranga Racing Club. The penalty in this case was a $500 fine.

• RIU v WYNYARD (13.02.2021) Trainer. Misconduct, inappropriate and offensive language towards a Steward. The penalty in this case was a $1200 fine (2nd offence within 12 months).

• RIU V WILLIAMS (21.03.2020) Jockey. Misconduct, verbal abuse towards Club Officials. The penalty in this case was a $600 fine.

• RIU v SHARROCK (20.08.2018) Trainer. Misconduct, verbal abuse over phone to NZTR Official. The penalty in this case was a $500 fine.

6. Aggravating Factors –

6.1 Mr TEAZ has an extensive history in the Harness Industry and should therefore know the importance of conducting himself in a professional manner.

6.2 Mr TEAZ has previously been employed by a number of racing publications to provide them with racing content & analysis and as a result has a public following.

6.3 He has been the subject of an RIB investigation previously in August 2021, regarding a complaint received by the RIB directly from HRNZ regarding Mr Teaz’s twitter content. The content was defined as “clearly offensive”.

6.4 During that investigation Mr TEAZ acknowledged to RIB Investigators that he had written the tweets. He further acknowledged: – “that he had overstepped the mark” and assured “that it wouldn’t happen again.”

6.5 As a result of that investigation Mr TEAZ was issued a formal warning letter and informed of the pending HRNZ Code of Conduct, which was due to come into force in December 2021. He acknowledged to RIB Investigators at the time, “that he thought it was already in place”.

7. Mitigating Factors

7.1 Mr TEAZ has cooperated fully with Investigators and admitted the charge at the earliest opportunity.

7.2 Mr TEAZ appears generally remorseful for his actions and acknowledged during the interview that he had gone through a rough period in his life and that the contents of his tweets were stupid.

7.3 Further stating when questioned as to a motive to his tweets: – “I don’t know. Sometimes I’m in an angry mood or something and might read something on there that I agree with and then get a lured in. I don’t often start the read something or like it and then … it’s just stupidity, really. As I say, I’m not making any excuses for myself, I’ve had a shocking last couple of years, to be honest. That sort of stuff, it’s not really me, to be honest.”

8. Conclusion

8.1 When determining penalty, the RIB submit that the Adjudicative Committee have regard to the purpose of the proceedings, which include: to ensure the Rules are complied with; to uphold and maintain the high standards expected of Trainers; and to protect the integrity of Harness Racing.

8.2 The HRNZ Code of Conduct Regulations clearly defined under Section 8 Reputation what the standard of conduct is required by all Licenced participants in Harness Racing around public statements & social media.

▪ 8.1 Persons to whom this Code applies must behave in a way that enhances and supports the good reputation of Harness Racing and does not bring Harness Racing into disrepute.

▪ 8.2 When making public statements or using social media related to Harness Racing, participants should provide informed and factually accurate information and ensure that any commentary or opinion does not cause damage to the reputation of Harness Racing and does not breach the Rules of Harness Racing.

8.3 In establishing an appropriate penalty, we acknowledge RIB Harness Racing Penalty Guide that was updated on 1st February 2023, which identifies a starting point penalty for a 1st breach of Rule 1001(1) & 1001(2) of $1500 fine & a subsequent 2nd breach of $2500. Fact dependent. Period of suspension or disqualification may be considered.

8.4 The RIB therefore adopts a starting penalty of $2500 for any adjustment at the Adjudicative Committee discretion, regarding mitigating factors & aggravating circumstances.

8.5 The RIB is not seeking costs.

MR TEAZ PENALTY SUBMISSIONS

Mr Teaz explained that he had had a rough two years, having a marriage breakdown, lost his career with one employer and struggled last year with stable staff.

Mr Teaz said that he is now in contact with a Racing Chaplain once a week and trying very hard to become a better person and not get so angry.

He said that the case had been well handled by the RIB and he thanked them for that.

Mr Teaz said that he apologized and said that he was deeply embarrassed and added that there will be no more breaches from him as he has learnt his lesson.

He said that a fine would be welcomed, as a suspension would ruin his training career.

Mr Teaz presented two character references, one from Jamie MacKinnon, President of the Auckland Trotting Club and the other from Ann Mee. Both spoke highly of Mr Teaz.

REASONS FOR PENALTY

The Adjudicative Committee took into account all submissions with respect to Information No. A17971. This included the sentencing principles alluded to in the Summary of Facts.

The aggravating features included a written warning issued to Mr Teaz in August 2021. On that occasion, Mr Teaz sent a screen shot to four friends, with one of them taking offence with the content and contacted Harness Racing NZ.

Also, the fact that whilst Mr Teaz was charged once only, he actually posted four separate tweets that were in breach of HRNZ Code of Conduct Regulations, which came into effect on 15 December 2021. Whilst this charge was the first of its kind since the introduction of the Code of Conduct Regulations, a number of breaches for misconduct were referred to by the RIB.

Due to the seriousness of the content in the posted tweets and that Mr Teaz has failed to uphold the high standard expected of Licence Holders by HRNZ, the Adjudicative Committee set the penalty starting point at $2,500. On account of the aggravating features, an uplift of $500 was considered appropriate. A minor discount of $250 was afforded for Mr Teaz’s cooperation, remorse and admission of the breach. Any attempt to defend the charge would have been a futile exercise.

CONCLUSION

Mr Jason Teaz was fined $2,750.  There was no order for costs.