Decisions

Anti-doping – Southland rugby league player (M) tested positive for a metabolite of cannabis in a concentration higher than that permitted under the Prohibited List in sample taken from him in competition – provisionally suspended without opposition - admitted violation of Sports Anti-Doping Rules... 2016 (SADR) Rule 2.1 and asked to be heard as to sanction – recreational cannabis use and not for sports performance enhancing reasons – accepted M 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 6 months – fairness and consistency in line with recently decided Ngatoko case - backdated to date of provisional suspension.

Anti-doping case · Rugby League · 17 February 2017

Anti-doping – Taranaki rugby league player (N) tested positive for a metabolite of cannabis in a concentration higher than that permitted under the Prohibited List in sample taken from him in competition – provisionally suspended without opposition - admitted violation of Sports Anti-Doping Rules... 2016 (SADR) Rule 2.1 and asked to be heard as to sanction – recreational cannabis use and not for sports performance enhancing reasons – accepted N 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 – strict obligations on athletes under the Code – Tribunal decided appropriate period of ineligibility was 6 months – declaration on doping form and co-operation with DFSNZ as mitigating factors – backdated to earliest possible date given co-operation.

Anti-doping case · Rugby League · 3 February 2017

Appeal against decisions of NSO - M appealed against two decisions of New Zealand Football Appeals Committee affirming forfeiture of Chatham Cup tie match and fine and forfeiture of seven matches and fines in the Northern Regional Football League – M fielded player who had not been properly registered... and transferred under NZF Regulations and therefore ineligible – grounds of appeal – 5 day limitation period – competition rules ambiguous or not sufficiently clear to impose mandatory penalty – principle of proportionality should be applied – innocent error in not properly registering and transferring player – five day limitation period applies to third party complaints rather than to potential breaches discovered through internal processes of NZF – NZF Rules not ambiguous as to importance of eligibility and application of sanction of mandatory forfeiture for fielding ineligible player – Tribunal not bound by CAS decisions to adopt principle of proportionality to void specified sanctions - appeals dismissed

Non anti-doping case · 21 December 2016

Anti-doping – powerlifter (C) tested positive for prohibited substance methylhexaneamine in sample taken from him in competition – provisionally suspended without opposition - admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to sanction - said positive... test due to contaminated pre-workout supplement Dust v2 – unintentional use of specified substance – standard period of ineligibility two years under SADR Rule 10.2.2 – accepted C 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 12 months – medium level of fault – contaminated supplement, sought reassurance from New Zealand retailer that safe to use in competition – prohibited substance not listed on product label – no further enquiry made including coach or DFSNZ – perception of risk due to promotional material and product claims – tested previously without positive result while using another pre-workout supplement – cognisant of anti-doping regime although had not attended DFSNZ seminar – suspension backdated to date of testing – timely admission

Anti-doping case · Powerlifting · 19 December 2016