Race now on to get new legislation into law

by Brian de Lore
Published 20 December 2019

Racing stakeholders frustrated by the apparent lack of action to get the Messara Report implemented and the industry overhauled can now rest assured that plenty of action has been taking place behind the closed doors of NZ First and the DIA.

Evidence of the work already completed by Wellington bureaucrats surfaced late last week when the newly appointed Ministerial Advisory Committee was named and came together at short notice in the Wellington NZ First office of Minister Winston Peters for a 50-minute briefing which preceded the Committee’s first meeting.

With the exception of the inspired choice by the Minister to name former Southlander Dean McKenzie as Chairperson, the other four members were advised of their call-ups relatively close to the meeting and received their 194-page briefing papers only 24 hours prior.

McKenzie was appointed Chairperson about a month ago but was briefed to keep the appointment to himself while the Minister and his team worked on selecting his fellow committee persons.

In addition to McKenzie, the committee consists of Liz Dawson MNZM, Kristy McDonald QC, Bill Birnie CNZM, and well-known owner-breeder and New Zealand Bloodstock Chairperson Sir Peter Vela.

McKenzie who said he was now working daily on achieving the Committee objectives told The Informant, “This is a team of people who all bring their own set of skills to the table. If we were all the same, that would be a concern. But we are a diverse group, and everyone has a background in racing and that’s an important theme in the group.”

Minister Peters who left soon afterward for the USA and wasn’t available for comment this week clearly showed he was applying a hands-on approach to the industry overhaul when he vocalised the Terms of Reference at the briefing, impressing both McKenzie and Vela.

Most of the racing industry is well familiar with both McKenzie and Sir Peter Vela and should be very supportive of their appointments. Bill Birnie, on the other hand, is a lesser known who was appointed to the board of NZRB around August 2017 and only a year ago was awarded a CNZM for his service to governance, the arts and sport.

Birnie is an investment banker who came through the Fay-Richwhite system and has served on the boards of High-Performance Sport New Zealand, the New Zealand Equestrian Federation and is on numerous arts trusts. Animal welfare activists will be relieved to know that Birnie is currently a trustee of Pet Refuge New Zealand.

The two other members of the committee are both highly credentialed in their fields and do know the racing industry. Liz Dawson MNZM is currently a director of New Zealand Cricket, Hurricanes Ltd, St Kilda Football Club (Melbourne) and is also a board member of the New Zealand Olympic Committee.

She was also formerly on the boards of the NZRB (2013-17), NZ Greyhounds (2005-07) and South Australian Greyhounds (2000-02) amongst many others. Her success in both governance and racing, it has to be said, makes her a valuable member of this committee.

Likewise, Kristy McDonald QC is highly experienced in both matters of law and governance and is currently part of the counsel working on Operation Burnham as well as being Deputy Chairperson of the Electoral Commission, and board member of ACC – with ACC levies for jockeys and trainers set to rise 15 percent in 2019 McDonald may well prove to be an inspired appointment.

The industry knows that racing has been indifferently administered for a long period and the introduction of the ‘gender equality’ policy on the surface of it could be seen as a hindrance to just getting the best people. But as a brains trust these five are right up there, and if gender equality rids racing of its endemic tradition of being nothing more than ‘old boys clubs’ then it will be doing the industry a favour.

Chairperson Dean McKenzie’s appointment, though, is a revelation because he’s highly credentialed with a record of success everywhere he’s been. McKenzie started his career as an accountant in Invercargill before going on to be Racing Manager at the Southland Racing Club.

The 52-year-old McKenzie over the past 25-years has been the Chief Executive at the Wellington Racing Club, Jade Stadium Limited, the New Zealand Metropolitan Trotting Club and for the past two years at Original Foods Baking Company in a departure from racing.

“We need to support the Minister because he’s given this industry an opportunity to change itself,” McKenzie said this week. “Everything is set out in the Terms of Reference, and that’s what we have got to do. We can’t say much more at this stage other than to emphasise that the Terms tell everyone what we are doing.

“We have an interim report to be completed by the end of February, and then in March the government will come back with a decision on the Messara Report recommendations at which time the Minister may fine-tune the process going forward.”

McKenzie did both a BA and BC at Otago University before entering accountancy and afterward went off to the USA to do a Master of Sports Administration at Ohio University. He grew up in a thoroughbred breeding and racing family environment understands the game as well as anyone, and spent six years administering harness racing at Addington. He has succeeded everywhere.

Most of all, McKenzie understands the industry intricately from all angles; in a business sense he is tough and uncompromising, and in many ways is not unlike John Messara who wrote the Report which is now the blueprint upon which this industry, led by McKenzie, will attempt to undergo the biggest metamorphous of change in its history.

“Most people want things to happen quickly, McKenzie continued, “and although we will be going as fast as we can we clearly have to follow a process and that process has been mapped out for us. The timeframe is very tight because Wellington closes down for a considerable period from before Christmas, but we are very confident we will meet the deadline.”

McKenzie has the ability and passion, particularly when fully supported by Sir Peter Vela, to carry the Messara Report right through to a full conclusion. That is not in any way belittling the future input of McDonald, Dawson and Birnie but only to say McKenzie and Vela have a deep passion for the business and have no record of surrendering to a job half done.

No one in New Zealand has more skin in the game than Vela. He owns New Zealand Bloodstock which is the lifeblood of the breeding industry; he owns Pencarrow Stud which is one of the institutional success stories of New Zealand breeding, and the Vela colours of blue and white hoops now grace the racecourses probably more occasions than any other.

But knowing who the ‘famous five’ are now leads to the question of what is expected of them from Minister Winston Peters and what powers do they possess. The short answer is that they possess very little power but are expected to deliver quite a lot.

The committee will be remunerated in the same manner as any board; no one gives this sort of expertise for free – it requires a substantial time input, sharp decision making and drawing on all the experience – the very reason for their appointments in the first place.

Along with the Ministerial press release to announce the arrival of the committee last week was attached the ‘Terms of Reference’ under which the rules are defined. In the first instance, it should be clarified that this committee is not RITA, and it’s RITA that will potentially come into existence on July 1st that will possess all the power.

RITA, meaning Racing Industry Transitional Authority, will only come about once the legislation empowers it, and that will not be before July 1st, 2019. When that occurs the NZRB will most likely change to Wagering NZ, the Ministerial Advisory Committee will have run its course and be defunct, and RITA will have the power to carry every agreed-upon reform forward and through to a finite conclusion.

Just who or what RITA is will be dependent on events between now and the end of June. In the Terms of Reference, the Minister requires “The Committee will provide an interim report to the Minister for Racing by 28 February 2019.” But after that, the Terms also gives the Minister some flexibility to make changes in the wording. The Government is expected to make decisions on the recommendations of the Messara Report in March 2019.

The announcement will identify which of the Report’s recommendations the Government agrees to implement and at this time the Minister of Racing may provide the Committee with further direction about its direction of travel.”

Earlier in the Terms of Reference it says, “The Government is committed to reforming the New Zealand racing industry and seeks the scoping up of a detailed plan to operationalise the Messara Report, the ‘Review of the New Zealand Racing Industry’s’ recommendations once approved by Cabinet, to deliver better governance and economic outcomes for the industry.

“To enable the timely delivery of a racing reform programme, a Ministerial Advisory Committee (the Committee) is being created as a precursor to a Racing Industry Transitional Authority being established in legislation (subject to future Government decisions on the recommendations of the Messara Report).”

The Committee, according to the terms of reference under the heading of ‘Purpose of the Committee’ says, “will be charged foremost with setting a sense of direction for the intended racing reforms with particular focus on prioritising those recommendations that have been identified as the main drivers required for successful industry reform.

“This will provide the basis for a prioritised work plan for the Committee, to be provided to the Minister of Racing early in 2019.  It is also charged with scoping up the operational decision points (whether technical, legal, financial or process orientated) for racing reform, engaging with industry throughout, and offer analysis to the Minister for Racing on opportunities (i.e., the industry’s untapped potential) as well as roadblocks to returning the industry to a well-managed and sustainable economic growth path.”

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Crunch time for racing because figures don’t stack up well

by Brian de Lore
Published 6 December 2018

On the backside on of a disappointing Ready To Run Sale at Karaka and an equally disappointing TAB result for November, the racing industry is heading into the New Year with a fair degree of trepidation.

It’s good to be positive and be optimising our hopes for the best result in the coming year but how long has this business been doing that? How long have we been waiting for something positive to happen?

The fiction has been in plentiful supply; the promises have been flowing forever, but the disappointments have continued relentlessly. Isn’t it about time we looked the truth in the face and got rid of all the pretenders or more drastically considered locking the gate and walking away?

The around 20 percent decline in the Ready To Run Sale held on November 22 and 23 was well documented within these pages last week, but the double whammy came with the November TAB betting figures showing betting domestically on thoroughbreds was down six percent compared to the same month in 2017.

Harness was worse at 23.2 percent down while Greyhounds took the biggest hit and were down 33.6%. Betting on Australian thoroughbreds was up at 5.2 percent while Harness was up 14.1 percent in Australia and Greyhounds only marginally better at 0.4 percent. Overall, betting declined in November by six percent.

Looking for reasons for the downward betting trend, one industry observer put it down to increased petrol and food prices and a general tightening of the NZ economy which inhibits the cash flow. Another industry stakeholder dismissed that reasoning in favour of NZ punters becoming disenchanted with the local product which is reflected in both a diminishing annual foal crop, fewer domestic buyers at the recent sale and a succession of cancelled race meetings.

Whatever the reason, the crisis appears to be worsening.  And make no mistake; it is a crisis. Betting is the lifeblood of racing with stake money being dependent on betting revenue not only maintaining its current level but increasing as the NZRB is proposing with the introduction of the Fixed-Odds-Betting platform for which the launch has had four delays.

NZRB CEO John Allen has for a very long time been saying that the FOB will be the savior of the racing industry but racing people generally have very little confidence in the former lawyer, CEO of NZ Post and Head of the Department of Foreign Affairs delivering the silver bullet to save the industry.

Almost two years ago in February of 2017, Allen told an industry discussion meeting at Riccarton that his board would be deciding in April (2017) as to how they implement Paddy Power/Bet Fair and Open Bet with the expectation that implementation would take one year.

That is verified in a recording of that meeting attended by around 30 people which was revisited this week and in which Allen also said, “About saying one year, you’ll say that if I say it’s one year that will be three years and if I say it will cost $25 million it will cost $50 million.

“Two comments about that – the one-year judgement is the judgement of Openbet as to the time it will take; they have done this in multiple jurisdictions around the world and have never exceeded one year, and they are very confident it will be done in the time frame. The reason that matters is because we have committed ourselves to increased distributions to the codes.”

The year in which Allen was speaking was up last April and while this industry remains in a state of ‘serious malaise’ the FOB is yet to arrive after a further eight months have elapsed. Furthermore, the cost has gone from $25 million then to an admitted $40 million but likely to be the $50 million which was the figure that Allen was ridiculing following the delays for which NZRB are paying IT contractors an estimated $3 million per month in over-run time.

Allen also said at that meeting, “We are expecting an additional $45 million of distributable profit in the following year (meaning the current 2018/19 season), and that rests on the FOB platform being in place and operational. And that’s increasing to $60 million the following year (2019/20).

“We are very confident we can do that, and we are confident that that $45 million profit is a real number that can be delivered. We are reliant upon that 1.5 percent of our VIP and Elite customers delivering about 56 percent of our turnover.”

Not only has Allen failed to deliver the FOB on time but his figures are going to be well awry with the TAB’s failure to retain its market share of the VIP and Elite customers.

At a more recent industry discussion meeting at Riccarton, about six months ago, Allen stated, “We could not be clearer about what we are doing – we are investing that money (by admitting the cost had risen to $39 million) and the payback is three years; the benefits are 19 million; and only once have I gone back to the board for the approval of another two million dollars.

“It’s a damn good process; it’s a damn good deal. It’s a sensible business decision and will create real value for the racing industry of New Zealand. It you don’t have a competitive fixed odds betting platform then you drive the customer to the competitors. It’s been well managed. The partners have done a damn good job – they are serious partners with real capability.

“We have a 10-year contract with Openbet so it will be at least 10-years, but the thing about Openbet is that we get access to that technology – they do all the big betting agencies around the world, and those agencies are driving them constantly to be lifting their game.

At that same meeting when with Allen, when this writer suggested he hadn’t been delivering but only spending money he replied, “I agree with that, so the acid test is this next season in which we need to deliver FOB and racefields. The truth is that it’s this next season that is the test.”

We are now well into that season and no further advanced except in debt. It is also worth pointing out that the Openbet work done around the world is mostly for corporates that accept bets globally as opposed to this FOB which aimed solely at the domestic market.

The decline in betting is a considerable worry for racing and potentially could scuttle the ship. The industry has known for years about the excessive running costs of NZRB, and here we are on the verge on another NZRB AGM where the rhetoric will continue about saving $100,000 here and $200,000 somewhere else and how they are doing everything imaginable to get costs down.

The profit and loss statement for this not yet released report says that total expenses have risen from $204.6 million to $213.3 million. Implementation of the Messara Report would rip out a large hunk of that cost through restructuring and outsourcing the wagering services to Tabcorp.

This annual report also says that debt is currently at $10 million which is very interesting considering the SOI released only one day before the end of the season in July showed debt to be $24.1 million – how that discrepancy occurred will be one for the accountants to check.

The report also says that NZRB has capital commitments for next season of $20 million – probably arising from the new TV vans for outdoor broadcasting they have ordered. How’s the cash to pay for that going to be raised?

It also says the borrowings are capped at $25 million so if the $10 million of current debt is genuine then that leaves only $15 million for capital commitments which no doubt is intended to be supplemented by profits from the FOB. Add a further $10 million to keep stakes at the current level which may also be dubiously aligned to increased FOB profits.

The FOB is carrying a huge weight of responsibility because without any income from Racefields it’s the only vehicle that will prevent this industry drifting into a state of insolvency which is a destination it slides closer towards daily. That’s not even considering the FOB cost may now be $50 million and not the $40 million which is the current claim.

Even if the FOB can be launched before the end of the year which must be seriously doubted, the betting trend shown in November’s result will have to do a U-turn to release a flow of money large enough to arrest this downward spiral.

The warning signs have been visible for quite a long time, building all the time and strongly identified through two authoritative reports compiled in the past 18 months. It just so happens it’s an industry that has been sitting and waiting to be rescued rather than getting proactive and saving itself.

Has the NZRB netted debt off against some bank money. Cash on hand before bills have been paid could be a factor.