1.
CODE
OF ETHICS AS BETWEEN AGENTS AND CLIENTS
a)
Members of the Association must act in the best interests of their client
at all
times. Those interests must be considered paramount.
b)
Members shall strictly observe all statutory obligations imposed on them.
c)
Members shall carefully consider whether any potential conflict of interest
may
exist in any relationship or transaction, and must advise their client
accordingly.
Examples of such a conflict could include but would not be restricted to:-
(i) any relevant financial retainer with a third party;
(ii) any previous purchase of or involvement with a horse.
d)
Members shall not undertake to provide professional services where they
have a
present or contemplated interest unless such interest is specifically disclosed
to all
parties to the transaction. Members shall not acquire an interest in or
buy for
themselves, any member of their immediate family, their firm or any member
thereof, or any entity in which they have an ownership interest (other
than a
public company), bloodstock listed with them, without making the true position
known to their clients.
e)
When acting as agents, members shall not accept any commission, rebate,
or
profit on expenditure made for their client, unless such fact shall be
first made
known to the client.
f)
Members must be diligent at all times and shall avoid misrepresentation
or the
concealment of pertinent facts. Members have an obligation to discover
adverse
factors that a reasonably competent and diligent investigation would disclose.
g)
Information arising from and relating to an agent/client relationship shall
always
be confidential.
h)
Except where the law or custom of the county concerned otherwise requires,
any oral or written communication between bloodstock agents shall in principle
be accorded a confidential character unless certain promises or
acknowledgments are made therein on behalf of a client.
i)
In accepting employment as an agent, the member pledges himself/herself
to
protect and promote the interests of the client. This obligation of absolute
fidelity
to the clients’ interest is primary. It does not relieve the member of
the obligation
to treat all parties to the transaction fairly.
j)
It is improper for a bloodstock agent to accept a commission or agency
unless it
can be handled promptly and with due competence and without undue
interference by the pressure of other work.
k)
Clients
of Association members shall have the right to make representations to
the Association if they consider that a member agent has acted unethically
in
his/her professional conduct. The Association is empowered to suspend or
terminate the membership of any member (see Rule 15 and Rule 17 - listed
below).
2.
CODE
OF ETHICS AS BETWEEN AGENTS
a)
Members shall not act in any way liable to bring the Association into disrepute.
b)
A member must not attempt to supplant or compete with another member by
any unfair or improper means.
c)
It shall be considered improper for bloodstock agents to communicate about
a particular sale or commission directly with any person whom they know
to be
represented in that sale or commission by another bloodstock agent, without
the
latter’s consent.
d)
A member shall at all times be responsible for the actions of his/her employees
and anyone acting on his/her behalf in their business relations with fellow
members, clients and the public in accordance with this code of ethics.
e)
A member must at all times abide by the standard of ethics and professional
practice established by the Association and shall observe the highest principles
of
professional integrity and business practice. A member shall display, if
appropriate, the logo of the Association to indicate affiliation and observance
of
the Associations Code of Ethics.
f)
A member, in the best interests of the public, the Association, its members
and
his/her own business, should always be loyal to the Association and be
active in
its work. He/she must do everything in his/her power to increase public
confidence in the profession, to promote goodwill and friendly business
relations
amongst members, advance the interests of the profession and maintain its
integrity and status.
g)
Bloodstock agents shall preserve independence in the discharge of their
professional duty.
h)
Bloodstock agents shall treat their professional colleagues with the utmost
courtesy and fairness. When undertaking to render assistance to a foreign
colleague they shall always keep in mind that the foreign colleague has
to depend
on them to a much larger extent than in the case of another bloodstock
agent in
the same county. Therefore the responsibility is much greater, both when
giving
advice and when handling a case.
i)
In all matters bloodstock agents shall be punctual and diligent and they
should
never mingle funds of other with their own and they should at all times
be in a
position to refund money that they hold for others. They shall not retain
money
they receive for their clients for longer than is absolutely necessary.
3
OBJECTS
OF THE ASSOCIATION
1
To establish and maintain a high level of conduct and trading practice
amongst
Association members so that clients who wish to use a member of the
Association can do so with confidence.
2
To provide support for those members trading as Bloodstock Agents and to
advance the status of the Federation of Bloodstock Agents within the
Bloodstock industry
3
To promote and to publicise the members of the Association and their specialist
knowledge
4
To represent the membership on industry bodies and to give the benefit
of
members experience to the bloodstock industry as a whole.
Rules
of Bloodstock Agents Federation (N.Z.) Incorporated directly associated
with the Code of Ethics.
15.
The Committee may suspend or expel any member proved to their satisfaction
to have been guilty of improper or dishonourable conduct, or of conduct
prejudicial to the interests of the Federation or in breach of any regulation
or
bylaws of the Federation. There shall be a right of appeal against expulsion
or
suspension to a Special General Meeting called for the purpose. The requisition
for such a meeting may be made solely by the appellant. The Committee may
be heard along with the appellant at such a meeting but neither the Committee
members nor the appellant shall have a vote on a motion to uphold o dismiss
the appeal.
17.
In addition to the powers vested in the Committee by Rule 15 the Committee
shall have power to inflict a fine of an amount not exceeding $5,000 upon
any
member of the Federation found by the Committee to be guilty of any breach
of
the Rules, Regulations or Bylaws of the Federation or abuse of the privileges
thereby bestowed.
Further
Note:
It
is important to note that all agents are bound by New Zealand's Fair Trading
Laws, etc.
Disclaimer:
Please
note this copy of the New Zealand Bloodstock Agents Federations
"Code
of Ethics" is supplied independently by Bruce Perry Bloodstock Limited.
Bruce Perry Bloodstock Limited takes no responsibility as to its accuracy
and
advises you to contact the Associations Secretary/Treasurer Mrs. Dawn Charters
(E-mail: dawnc@xnet.co.nz or Tel:
07 5433827 - Fax: 07 5433827) for complete details.