Decisions

Appeal against decision of NSO – F appealed against decisions of the Motorcycling New Zealand Judiciary Committee in relation to appeals brought by Tony and Mitchell Rees – the outcome of the appeals brought by Tony and Mitchell Rees changed the corrected results of Rounds Three and Four of the New... Zealand Superbike Championship resulting in F no longer being declared the NZ Superbike Champion – F, being an interested party to the appeals, was not invited to attend or present submissions at either appeal – interested parties should be able to attend and present submissions - parties agreed by consent F not afforded natural justice by not being invited to present submissions in appeals – appeal approved - Tony and Mitchell Rees appeals must be reconsidered by newly constituted MNZ Judiciary Committee

Non anti-doping case · Motorcycling · 25 May 2017

Anti-doping – Rugby league player (B) tested positive for prohibited substance higenamine in sample taken from him after a rugby league training session – provisionally suspended without opposition - admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to sanction... – positive test due to contaminated pre-workout supplement “The One 2.0” – unintentional use of specified substance – standard period of ineligibility two years under SADR Rule 10.2.2 – accepted B could establish no significant fault or negligence in seeking a reduction of the two year period under SADR Rule 10.5.1.1 –Tribunal assessed appropriate sanction having regard to degree of fault – Tribunal decided appropriate period of ineligibility was nine months – medium level of fault – contaminated supplement, purchased from Melbourne retailer – prohibited substance not listed on product label – trust in supplements resulted from previous experience of having a nutritional and supplement regime in professional environment – B’s personal life at low ebb and may have contributed to failure to take proper precautions – suspension backdated to date of testing – timely admission

Anti-doping case · Rugby League · 3 May 2017

Anti-doping – cricket player (K) admitted violations of Sports Anti-Doping Rules (SADR) 2014 Rules 3.2 and 3.6 and SADR 2015 2.2 and 2.6 – Medsafe investigation into NZ Clenbuterol including purchase of prohibited products by K in 2014 and 2015 - possession and use of steroids nandrolone and testosterone... in 2014 and possession and use of hormones tamoxifen and anastrozole used to address effects of steroids in 2015 - provisionally suspended without opposition - asked to be heard as to sanction – sanction for multiple violations based on violation with most severe sanction – changes to 2015 WADA Code / SADR – 2015 violations most severe sanction if DFSNZ proved to comfortable satisfaction of Tribunal that intentional – assessment of specific facts and credibility of K totality of evidence – meaning of “intentional” under SADR 2015 10.2.3 – no evidential basis to conclude K knew or turned mind to breach of SADR – Tribunal imposed period of ineligibility of 2 years – commencement back dated given delays not attributable to K and K’s prompt admission and co-operation

Anti-doping case · Cricket · 4 April 2017

Alleged breaches of SADR 2.5 and 10.12.1 Prohibition Against Participation During Ineligibility - allegations not proven to comfortable satisfaction of the Tribunal

Anti-doping case · Cycling · 20 March 2017