Appeal Proceedings (including selection appeals)
A person or organisation can appeal against a decision of a National Sporting Organisation (NSO) or the New Zealand Olympic Committee (NZOC).
For example, an athlete could wish to appeal against a disciplinary decision. Another example might be a "selection decision" where an athlete wishes to appeal against not being picked for a NZ team or squad.
The person or organisation bringing the appeal is called 'the appellant'.
Conditions to be satisfied before an appeal can be made
Before an appeal can be made to the Tribunal, several conditions have to be satisfied:
1. Rules of NSO or NZOC must allow for appeals to the Tribunal against those sorts of decisions
If the NSO or NZOC rules don't allow for such appeals, then the only way the appeal can proceed is if the parties (eg: NSO and appellant) agree in writing to refer the appeal to the Tribunal.
2. Any internal appeals procedures set out in the NSO or NZOC rules have been completed.
3. Appeals are made within the prescribed time limit
- The appeal to the Tribunal must be made within any time limits set out in the rules of the NSO or NZOC.
- If the rules don’t set out a time limit, then the appeal must be made to the Tribunal within 28 days of the decision appealed against being notified to the appellant.
4. Appeal brought under stated grounds of appeal
- Appeals must be brought under the grounds stated in the NSO or NZOC rules.
- If the rules do not state any grounds for making an appeal, the appeal must be brought under one or more of the following grounds:
- that natural justice was denied
- that the decision under appeal was made without jurisdiction
- that substantial new evidence has become available after the decision
- that the penalty was excessive or inappropriate.
- For appeals relating to the person appealing not being selected for a NZ representative team or squad (where appeal grounds are not stated in the rules), the grounds are that:
- the selection criteria were not properly followed or implemented
- the person seeking selection was not afforded a reasonable opportunity to satisfy the applicable selection criteria.
- the section decision was affectedly actual bias
- there was no material on which the selection decision could reasonably be based.
Steps in Appeal proceedings
- The appellant files the Notice of Appeal (Form 3), accompanied by the $500 filing fee, having first exhausted other avenues of appeal (if required), and setting out the grounds for appeal in their application. This must be filed with the Tribunal within the time limit. The appellant also serves a copy on the NSO or NZOC.
- The Registrar advises appeal proceedings have commenced.
- The appellant files their Appeal Brief (Form 4) within 10 working days and serves a copy on the NSO or NZOC. This sets out the appellant's case in detail.
- The NSO or NZOC provides their Statement of Defence (Form 5) within 14 working days.
- The Tribunal may hold a pre-hearing conference.
- Any further evidence or submissions required are provided before the hearing.
- The hearing is held.
- The Tribunal decides the appeal and makes orders (if appropriate).