Decisions

The Sports Tribunal has granted the appeal of Central Rugby League Club of Rotorua, which had appealed a decision by Bay of Plenty District Rugby League to suspend its committee (which was upheld by a New Zealand Rugby League Appeals Committee)

Non anti-doping case · Rugby League · 29 October 2019

Appeal against decision of NSO - non-nomination – W appealed decision of Swimming New Zealand (SNZ) not to nominate her to compete in the Women’s Open Water 10km Event at the 2016 Rio Olympics – urgency due to requirement to confirm allocation of slot with FINA –– due to time constraints unable... to convene hearing but agreed to a neutral evaluation by Tribunal Chair of the available documentation and telephone conference with the parties - W appealed on grounds that nomination criteria not properly followed or implemented, nomination decision affected by apparent bias (open water swimmers compared to pool swimmers) – not satisfied sufficient evidential basis for allegation of bias - W adversely affected by cold water temperature at qualifying event - noted Swimming NZ selectors meeting to reconsider nomination decision for Kane Radford in the Men’s Open Water 10km Event and in the interests of justice was an opportunity to ensure selectors had all material available regarding W’s performances in previous events

Non anti-doping case · Swimming · 29 June 2016

Appeal against decision of national sporting organisation (KartSport) that junior kart driver breached rules during race by overtaking after a yellow flag was shown - field of play - Tribunal cannot question in these circumstances whether yellow flag should have been shown or not - however this did not... dispose of issue of whether was an overtaking in breach of rules - evidence accepted that appellant passed two other karts as result of them sliding on damp track and drifting to outside of track - appellant gave evidence that he took avoiding action to prevent a potential accident and found himself in front rather than deliberately overtaking in breach of rules - Tribunal concluded this was not an "overtaking" within meaning of the rules - it was for KartSport to establish that there had been a breach of the rules and establish all elements of the breach - one of these elements was that there had been an “overtaking” within the meaning of the rules - KartSport did not establish that before the Tribunal - Tribunal considered KartSport did not properly address or consider this aspect at KartSport appeal hearing which was a breach of natural justice - Tribunal has the power to remedy procedural breaches in earlier hearings into the same matter but here KartSport was unable to establish before the Tribunal one of the required elements, namely that there had been an “overtaking” - appellant acknowledged yellow flag and, in order for there to be a breach of the rules, there had to be a finding that having done so he ignored it - this was not adequately determined in the KartSport processes - Tribunal upheld appeal, quashed finding of breach, overturned fine and ordered KartSport pay appellant half of his appeal filing fees.

Non anti-doping case · Karting · 7 August 2009

Appeal against decision of national sports organisation - appeal against disciplinary penalties - appellant allegedly using motor vehicle in an irresponsible and dangerous manner on a public road outside a Kart race meeting venue - Tribunal concluded appellant had been denied natural justice - summonsed... to hearing without being supplied with details of charges against him - told hearing to consider penalty only - reasonable request for adjournment not granted - appeal allowed and penalties quashed.

Non anti-doping case · Karting · 28 April 2006