Avondale Jockey Club takes fight for survival to the NZ High Court

The Avondale Jockey Club has started High Court proceedings against New Zealand Thoroughbred Racing (NZTR) and TAB NZ over the future of the suburban Auckland track.

NZTR chair Paul Humphries confirmed the significant action in an email sent to racing clubs, the Members Council and industry organisations late last week.

While the details of the court challenge have not yet been confirmed, NZTR’s right to determine the future of the venue as well as TAB NZ’s position when it comes to deciding which venues get which meetings are set to be up for legal discussion.

“On Friday Chair Paul Humphries sent an email to our Clubs and key stakeholders letting them know about the High Court proceedings being brought by Avondale Jockey Club,” NZTR’s chief executive Matt Ballesty confirmed in a statement to The Straight.

“We are disappointed the club has taken this approach, having been in discussions with them over a number of years about its future and that of the venue. As the matter is now before the Court, NZTR will not be commenting further while the proceedings are underway.”

An adverse result for NZTR and/or TAB NZ could have a significant impact on infrastructure plans and future funding for the New Zealand industry.  

Avondale held its last scheduled race meeting on July 15, likely ending 136 years of racing at the course. No race meetings were allocated for 2026/27, although five trial dates remain on the calendar through to November 24.

“While there are no plans for racing to return to the venue, discussions regarding the future of the site remain ongoing,” NZTR chief executive Matt Ballesty said at the time.

In terms of the allocation of dates, NZTR’s 2026/27 calendar was set by the TAB NZ Dates Committee under the Racing Industry Act 2020, after consultation with the codes and clubs.

The Act deals separately with land. If a venue owned by a club is deemed surplus, the code may have it transferred to itself, subject to approval by Order in Council.

NZTR’s 2019 Venue Plan proposed no race licences for Avondale from the 2024/25 season. The club’s allocation had already fallen from 15 meetings in 2014/15 to nine in 2018/19.

In its submission on that 2019 plan, the club argued that removing its dates to pave the way for closure “would be an unlawful and invalid use of the NZRB or NZTR’s discretionary or other powers under the Racing Act and would be susceptible to legal challenge”.

By 2022 the club’s submission to Auckland Council’s Plan Change 78 acknowledged a plan for racing to cease after 2024/25.

In September 2024, NZTR and the club signed a non-binding memorandum of understanding setting out a process to try to agree on the course’s future once racing ended.

The club owns the 35-hectare site. Its infield sports grounds are leased to Auckland Council, and it hosts the Avondale Sunday Markets, which draw about 20,000 visitors a week.

There have subsequently been a series of submissions for future use of the site, including community use as a park, and a development which would see housing built on the site, which sits in the western suburbs of Auckland.

In June, the club and TAB NZ commissioned independent property specialists to model land-use scenarios ranging from long-term retention to immediate sale.

Project Stamina, which was released on July 28, treated Avondale as a venue whose exit predated the review rather than one of the seven racing venues proposed to stop hosting meetings.

It was expected that capital released from venues under that plan would be reinvested in training centres, metropolitan venues and priority provincial venues.

If Avondale Jockey Club was to win its High Court case, it may embolden other affected clubs to take similar action and call into question the legal premise behind the proposed venue changes.