NZMHA - Newsflash

IMPORTANT - Statement from Council

June 25, 2005

Without Prejudice

NZMHA Council is aware that there are some issues that are currently causing concern to the membership.

While a member is threatening legal action, we have decided that it is in the Members' and Association's best interests to dispel some of the rumours and false information that is being circulated. Unfortunately this means we must risk prejudicing NZMHA's defence in relation to the threatened lawsuit.

1 - BEPETTON ALOHA A GIFT OF MAGIC - Owner: J & M Henderson

Two members raised concerns in early March (O'Keefe 5^th, Paterson 8^th) in relation to the registration, eligibility for showing and eligibility for advertising of this horse. The President commenced investigating the concerns raised by the members immediately the issue was raised and has determined the following:

Registration

Non-NZMHA paperwork submitted with Registration Application - Transfer from an Approved Registry

Certified Copy of AMHA Registration papers showing horse in sellers name (ie. not NZ owner)

Copy of AMHA Transfer Report/Bill of Sale showing horse being transferred/sold to NZ Owner with a date transferred of November 1, 2004

Copy of Import Declaration dated November 20, 2004

Horse Registered with NZMHA - Jan 3, 2005

This situation has arisen because of the wording "(horse must be in applicant's name)" on the Registration Application - Transfer from an Approved Registry form is taken to mean that the AMHA Registration papers must be in the NZ owners name. The Registrar has traditionally interpreted this to mean that proof of ownership by the NZ owner is required. Investigations reveal that there are numerous precedents where horses have been NZMHA registered without the AMHA Registration papers being in the NZ owner's name including

Horse	Owner/Leasee	Paperwork used for Transfer
Mifoopen Monarchs Choice	L Paterson	- AMHA Papers (not in NZ owners name) - Import Documents (No AMHA Transfer/Bill of Sale)
Southern Cross Happys Galliano	J O'Keefe	- AMHA Papers (not in NZ owners name) - NZMHA Lease
Indian Sunrise of Mt Eagle	J O'Keefe	- AMHA Papers (not in NZ owners name) - Private Lease Agreement
Brewers Legacy Spirit	J O'Keefe	- AMHA Papers (not in NZ owners name) - NZMHA Lease
Ellis Park Rosie's Unique Touch	C Carver	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Little Kings Lady in Red	J O'Keefe	- AMHA Papers (not in NZ owners name) - NZMHA Lease
Brewers Orion Features Shantelle	N Parker	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Freedom Hill Executives Priscilla	N Parker	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Southern Cross Rowdys What A Honey	N Parker	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Lucky Four Shiney Shoes	Honeybourne	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Lucky Four Skippa Gold Delight	M Goodwin	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale
Lucky Four Wranglers Honey	M Goodwin	- AMHA Papers (not in NZ owners name) - AMHA Transfer/Bill of Sale

Clearly numerous precedents had been set including some for the complainants.

The actions by the NZMHA Registrar in not strictly adhering to the requirements as outlined on the NZMHA Registration Application - Transfer from an Approved Registry form – represents an acceptable use of discretion given that the reason for the policy was not under threat

The President will be advising all NZMHA Council members and "employees" of the need to adhere to the rules, regulations and requirements of the Association as they are documented. If the rules, regulations or requirements are unworkable then they need to be amended and the amendment notified to the membership before any change is actioned. However, it is recognized that the Registrar will at all times be required to exercise reasonable and responsible discretion in the application of all rules to ensure the viability and integrity of the Registry

NZMHA recognises that in some areas, the policies and procedures surrounding the registration of imported horses requires a review and has formed a sub-committee for that purpose. Any changes to procedures or rules will be advised to members in due course well before their implementation date.

Tinytales

The horse was advertised in the January/February 2005 issue. This issue was delayed with the President's approval until January 10 as a result of a request from the Printer (staff on holiday).

The member in question had booked space pending registration and supplied the copy once the registration was completed. The reservation of space and later supply of copy is common in the advertising industry. While the "late" acceptance of the advertising is explained it does allow the perception of preferential treatment.

The President will advise the editor not to accept any copy other than from NZMHA Council or NZMHA Affiliated Clubs after the published deadline.

Shows

The horse has been to a number of shows since early January.

As far as the owner and show management were concerned the horse was NZMHA registered therefore it was eligible to be shown.

National Show

The issue of this horse's registration was raised immediately prior to the National Show.

The President received a copy of the AMHA papers before the National Show showing the horse was transferred into the NZ Owners name as of 14-Jan-2005. It should be noted that as of March 23, 2005 AMHA's online stud book still showed this horse in the previous (USA) owners name.

2 - Argus Park Rowdy's Amerigo - Owner: J & D O'Keefe?

NZMHA is in receipt of a letter from the lawyer of J & D O'Keefe asking the Association to forward them a cheque for $20,000 for compensation for their loss because they have been unable to register the above horse.

Jan O'Keefe first contacted the President about "an imported AMHA stallion" of theirs, which we assume is the horse above, on March 5, 2005. The following request was included in the President's response to her on March 8

"Additionally prior to your email I was unaware that you were having trouble registering a newly imported stallion. Please furnish additional detail in relation to this stallion including details as to what paperwork you have available, copies of all correspondence to and from NZMHA and the NZMHA Registrar in relation to this import and any other pertinent information that you have in your possession. Please be assured that I will treat any commercially sensitive information submitted with due care."

Even though she initially agreed to furnish the requested information Jan O'Keefe has since repeatedly refused to supply it.

As of today the AMHA Online Stud book does not show this horse in the O'Keefes' name.

Emails from Jan O'Keefe state:

"transfer from AMHA to NZMHA registry can be processed on production of the original papers and signed transfer papers"

"I do not have the AMHA paperwork showing him to be transferred to my name"

Clearly she knew what the registrar would accept but could not fulfil these requirements.

As of this date the O'Keefes have failed to respond to a legitimate request for information that would have allowed this situation to be resolved. The Registrar has advised that no application for registration has been received at any time either before or since the matter came to the attention of the Council

NZMHA has additional items to support the Association's defence should this matter end in court however informing the members of them at this time would prejudice this defence.

3 - AM Private Bucks & Alliance Tenders Trixie - Owner: L Paterson

Non-NZMHA paperwork submitted with Registration Application - Transfer from an Approved Registry

Colour Copy of AMHA Registration papers showing horse in sellers name (ie. not in NZ Owners name and not certified)

Copy of AMHA Transfer Report/Bill of Sale showing horse being transferred/sold to NZ Owner

Copy of Import Declaration

The reason the registration applications for these horses were unable to be processed by the Registrar was because the owner could not present the original AMHA Registration Certificates so that the copies could be certified as being correct/genuine. The reason for this was that she "had already sent the originals back to the USA". Given the documentation presented to the Registrar these horses would have been registered if these papers had been available to the Inspector. Both horses were registered on the 22^nd of January i.e. Three days after she wrote to the President and following completion of the inspection and documentation requirements.

In Closing

NZMHA Council regrets any concern caused to the membership however we were/are acting in what we believe is in the best interests of this Association and its Members. Once the lawyers letter was received Council had no option but to evaluate the best line of defence for the Association.

David Crow

President

New Zealand Miniature Horse Association Inc.

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