Ivan Abele v Triathlon New Zealand (ST03/26)

Appeal – triathlon – Triathlon New Zealand (Tri NZ) – course deviation during Tauranga Half Triathlon – lead group of riders followed lead motorbike off prescribed course after encountering blocked turn – Competition Jury dismissed protest – appeal to Tri NZ Board which imposed time penalties resulting in Appellant being relegated from second to third place – grounds of appeal included breach of natural justice and excessive or inappropriate penalty – Tribunal considered whether it had jurisdiction to hear appeal – Tribunal held that the appeal arose under the Tri NZ Competition Rules and was decided by the Tri NZ Board, not an “Appeal Board” established under the Tri NZ Constitution – constitutional right of appeal to the Tribunal therefore not engaged – appeal dismissed for want of jurisdiction – Tribunal made observations regarding the importance of clear rights of appeal (or not), the benefit of independent appeal pathways, and alignment of Tri NZ Competition Rules with World Triathlon rules.