R Rotorua 16 November 2025 – R3 – Cody Cole

BACKGROUND:

Licensed Class A Trainer, Mr Cody Cole, was charged with a breach of Rule 616(4). Detail in respect of the Information is as follows:

‘failed to declare a noseband for REDLETTERDAY by the required time‘

Mr Cole had signed the Information “I do admit a breach of the rule”. He chose not to be present at the hearing.

Rule 616 provides:

(4) When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such item or items of Notifiable Gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for a subsequent Race, or the Trainer is otherwise approved or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.

EVIDENCE:

Stewards confirmed Mr Cody Cole had presented REDLETTERDAY for Race 3 with a noseband, which represented a breach of the pertinent Rule.

DECISION:

The charge having been admitted, is deemed proved.

PENALTY SUBMISSIONS:

A breach of this type (first or second) would normally be dealt with by way of a Minor Infringement Notice (MIN). This is the Respondent’s third breach within the last 120 days. The first was on 19 October 2025 – $50 fine and the second on 25 October 2025 – $100 fine. Stewards submitted that any fine should incorporate an uplift over that previously imposed.

REASONS FOR PENALTY:

The Minor Infringement system requires that an Information be filed if the person who is alleged to have committed the breach has already committed two or more breaches of the same Rule within the preceding 120 days.

The penalty/fine for a “notifiable gear” breach is $100 for a second breach. An uplift is appropriate for this a third breach, with a fine of $150 deemed appropriate.

CONCLUSION:

Trainer Mr Cody Cole is fined the sum of $150.