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Decisions

Find the latest Tribunal decisions. You may also be interested in the Results of decisions.

Find Decisions

Latest decisions

206

cases

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Drug Free Sport New Zealand v Nohorua Parata

12/17 · Decision 28 February 2018

Overview:

Anti-doping – coach of Coastal Cobras’ Taranaki based rugby league team Nohorua Parata (NP) admitted violation of Sports Anti-Doping Rules (SADR) rule 2.9 – allowing banned player, Travell Ngatoko, to play while still ineligible - admitted violation of SADR and asked to be heard as to sanction... – minimum period of ineligibility two years under SADR 10.3.4 – Tribunal decided reduction to 12 months – timely admission – further 3 months credited for period already served for provisional suspension – NP ineligible to participate in any sport until 30 November 2018

Provisional Suspension Order
PDF, 44 KB
Decision
PDF, 43 KB
Media Release
PDF, 21 KB

Anti-doping case · Rugby League · 15 March 2018

Drug Free Sport New Zealand v Karl Murray

02/17 · Decision 14 March 2018

Overview:

Issue of Tribunal's jurisdiction raised - Mr Murray not licenced at time of event when tested positive - SADR not applicable - Tribunal no jurisdiction - further material filed by parties - Tribunal satisfied Mr Murray was a member of Cycling NZ and subject to SADR at relevant event

Decision
PDF, 29 KB

Anti-doping case · Cycling · 14 March 2018

Jason Christie v Cycling New Zealand

02/18 · Decision 2 March 2018

Overview:

Appeal against non selection for 2018 Commonwealth Games cycling team – Jason Christie (JC) contended CNZ’s nomination criteria not properly implemented or followed – JC not afforded reasonable opportunity to satisfy the applicable criteria – no material on which nomination decision could reasonably... be based – JC’s results merited a place on team ahead of other cyclists – Tribunal acknowledged JC talented cyclist – concluded CNZ selectors followed fair process – appropriately experienced to select team – no basis to consider CNZ decision irrational – appeal dismissed

Decision
PDF, 73 KB
Media Release
PDF, 22 KB

Non anti-doping case · Cycling · 5 March 2018

Drug Free Sport New Zealand v Siliga Kepaoa

ST 10/17 · Decision 16 January 2018

Overview:

Anti-doping – Auckland based club rugby league player (SK) tested positive for prohibited substance higenamine in two samples taken from him – once after training session in September 2017 and once after National Premiership final – provisionally suspended without opposition – admitted violation... of Sports Anti-Doping Rules (SADR) 2017 rule 2.1 and asked to be heard as to sanction – positive test as result of using fat burning supplement Oxyshred – unintentional use of a specified substance – standard period of ineligibility two years – prior to hearing joint memorandum filed by DFSNZ and counsel for SK agreeing lack of intention and no significant fault by a relatively low margin – degree of fault at high end reflected in relatively limited deduction of mandatory suspension – suggested sanction 18 months backdated to 19 September 2017– date of first violation – Tribunal accepted the proposed sanction – also commended counsel for speedy resolution without hearing in cases where facts and issues arising were agreed

Decision
PDF, 61 KB
Media Release
PDF, 25 KB
Provisional Suspension Order
PDF, 47 KB

Anti-doping case · Rugby League · 16 January 2018

Drug Free Sport New Zealand v Christopher Ware

ST 09/17 · Decision 22 December 2017

Overview:

Anti-doping – UK based club cricket player (CW) admitted violations of Sports Anti-Doping Rules (SADR) 2014 rule 3.2 and 2015 rule 2.2 – Medsafe investigation into NZ Clenbuterol including online purchase of prohibited products by CW in 2014 and 2015 – attempted use prohibited substance – provisionally... suspended without opposition – admitted violation of SADR and asked to be heard as to sanction – sanction for multiple violations based on violation with most severe sanction – 2015 SADR 10.2.1 – four year period of ineligibility if intentional – no evidential basis to conclude CW knew or turned mind to breach of SADR– period of ineligibility reduced to two years under 2015 SADR Rule 10.2.2 – CW did not seek to establish no significant fault or negligence in seeking a reduction of the two year period – 2015 SADR 10.11.1 and 10.11.2 – commencement back dated to 1 January 2017 given delays not attributable to CW and timely admission and co-operation – Tribunal noted with concern DFSNZ’s stated intention not to bring all relevant facts before it – as DFSNZ likely to appeal to CAS over recent decisions on Medsafe cases – Tribunal instructed DFSNZ to bring full submissions in this case - urged NSOs to extend drug education to all levels of competitive sport

Decision
PDF, 104 KB
Media Release
PDF, 26 KB
Provisional Suspension Order
PDF, 43 KB

Anti-doping case · Cricket · 22 December 2017

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