Statistics on decisions

Cases dealt with by the Tribunal from 2003 to 2016

The Tribunal was established in 2003 and dealt with only one case in that year. Over time, the Tribunal has dealt with an increasing number of cases.

As at 30 June 2016, there were 174 decisions (or records of settled cases) of the Sports Tribunal.

However, the Tribunal has been involved in more disputes than this, some of which were settled by the parties with the Tribunal’s assistance.

This figure does not include provisional suspension decisions. In anti-doping cases, the Tribunal is usually asked by DFS to make a provisional suspension order prior to consideration of the substantive anti-doping rule violation proceedings.

Anti-doping cases have comprised approximately two thirds of the Tribunal’s cases to date. Of the 174 substantive decisions on the website, 107 (approximately 61%) are anti-doping cases.

The remaining cases have been appeals against decisions of NSOs, and, on occasion, the NZOC with one published decision in a “sports-related” dispute referred by agreement.

ANTI-DOPING CASES HEARD BY THE TRIBUNAL

The types and frequency of Prohibited Substances which have been present in athlete samples in relation to anti-doping cases before the Tribunal to 30 June 2016 are:

Prohibited Substance No. of cases
Cannabis 44 (none since prohibited threshold increased in 2013)
Dimethylpentylamine 1 - 3, also known as Methylhexaneamine 7
Probenecid 4
Methamphetamine/Amphetamine 3
Terbutaline 3
BZP (Benzylpiperazine) 2
Clenbuterol 2
Ephedrine 2
Furosemide 2
Morphine 2
Prednisone 2
Boldenone and Testosterone 1
Canrenone 1
EPO (erythropoietin) 1
Methamphetamine/Amphetamine/Cannabis 1
Nandrolone 1
1-Phenylbutan-2-amine (PBA) and N, alpha-diethyl-benzeneethanamine (DEBEA) 1
Stanozol/Hydrochlorothiazide/Amiloride 1
Stanozol/Nandrolone/Furosemide 1
Synthetic Cannabis (JWH-08) 1
Tamoxifen (3-Hydroxy-4-Methoxy-Tamoxifen) 1
T/E ratio > 4:1; Oxymesterone; Metabolites of Methandienone; Metabolites of Methyltestosterone; Metabolites of Oxymetholone; 19-norandrosterone) 1

Type of anti-doping cases by sport

Sport No. of cases
Rugby League 23
Basketball 12
Powerlifting 10
Touch 10
Body Building 9
Softball 9
Boxing 6
Cycling 4
Athletics 3
Wrestling 3
Triathlon 2
Weightlifting 2
Cricket 1
Football 1
Hockey 1
Rowing 1
Swimming 1

APPEAL CASES HEARD BY THE TRIBUNAL

APPEAL CASES BY APPLICATION TYPE

There are 66 decisions listed on the Tribunal website as at 30 June 2016 involving appeals against decisions of NSOs and/or the NZOC. These include two costs decisions. The appeal cases can be categorised as follows:

  • 33 Tribunal decisions relating to athletes appealing their non-nomination or non-selection for a New Zealand team or squad.
  • 22 Tribunal decisions relating to athletes or other members of NSOs appealing disciplinary decisions (includes separate costs decisions in two cases).
  • 11 Tribunal decisions relating to appeals of other decisions (that is cases that were not appeals against non-nomination/non-selection or were not appeals against disciplinary decisions).

These are broken down in more detail in the next sections.

Appeals against non-selection / non-nomination for a New Zealand team or squad

There have been 33 cases relating to athletes or coaches appealing their non-nomination or non-selection for a New Zealand team or squad:

  • 10 appeals against not being selected for a New Zealand team
  • 11 appeals against non-nomination or non-selection for the Olympic Games
  • 6 appeals against non-nomination or non-selection for the Commonwealth Games
  • 2 appeals by a coach against non-nomination or non-selection for the Youth Olympic Games
  • 3 decisions relating to jurisdiction to appeal non-nomination for the Commonwealth Games
  • 1 decision relating to jurisdiction to appeal non-selection for a New Zealand team.

Disciplinary Appeals

In relation to disciplinary appeals there have been 22 decisions or records of settlement (relating to 21 cases):

  • 15 appeals by athletes or officials against being suspended by NSO for misconduct
  • 3 appeals against being disqualified from a race
  • 1 appeal against finding of breaching rules during a race and being fined
  • 1 appeal against final results in a race
  • 2 decisions relating to costs in disciplinary appeals.

Other Appeals

There have been 11 cases relating to appeals of “other” decisions (that is, appeals other than non-nomination/non-selection or disciplinary appeals):

  • 3 appeals against not being nominated for an academic scholarship
  • 1 appeal by a referee against not being nominated for an international referees’ clinic
  • 1 appeal against a decision not to grant approval for a roll bar on a racing car
  • 1 appeal by an NSO against a decision of NZOC to suspend its membership
  • 1 appeal against a decision not to allow a kart racer to compete in a race class due to restrictions on the type of fuel that can be used (and whether there was jurisdiction to hear the appeal)
  • 1 appeal against a decision that a bowler had exhausted his appeal rights against a decision not upholding his protest about a match official (and whether there was jurisdiction to hear the appeal)
  • 1 appeal against a decision declaring a player transfer null and void
  • 1 appeal against a decision of an NSO overturning an earlier decision of an internal committee to deduct competition points due to player ineligibility
  • 1 appeal against a decision of an NSO determining the winner of an event run under new competition rules.

Appeal cases upheld

The Tribunal has upheld, or partially upheld, approximately 30% of the appeals it has heard (if jurisdictional and costs decisions and appeals settled with mediation or other assistance from the Tribunal are discounted).

The Tribunal has upheld, or partially upheld, appeals in 20 cases:

  • 5 disciplinary appeals were upheld
  • 2 disciplinary appeals were partially upheld
  • 4 appeals relating to non-nomination/non-selection for the Olympic Games
  • 2 appeals by coaches relating to non-nomination/non-selection for the Youth Olympic Games
  • 2 appeals against not being selected for a New Zealand team to compete in a world championship
  • 1 appeal relating to non-approval of a roll bar on a car
  • 1 appeal against a decision that a bowler had exhausted his appeal rights against a decision not upholding his protest about a match official
  • 1 appeal against a decision declaring a player transfer null and void
  • 1 appeal against a decision of an NSO overturning an earlier decision of an internal committee to deduct competition points due to player ineligibility
  • 1 appeal against a decision of an NSO determining the winner of an event run under new competition rules.

Cases settled with mediation or other assistance by Tribunal

17 cases have been settled with assistance from the Tribunal:

  • 5 disciplinary appeals have been settled as a result of formal mediation proceedings conducted by the Tribunal.
  • 4 other disciplinary appeals were settled with assistance from the Tribunal but did not involve formal mediation.
  • 8 other non-disciplinary sports disputes were settled with mediation or other assistance from the Tribunal.

Costs decisions

There have been 2 decisions specifically devoted to deciding costs applications. In both these cases, costs were sought by an NSO:

  • One related to a disciplinary appeal that was struck out for lack of jurisdiction.
  • The other related to a disciplinary appeal partially upheld.

The costs application was dismissed in both cases and costs were not awarded.