Skip to content

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:

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.

  • 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.

(a)  natural justice was denied;

(b)  the decision-maker or decision-making body acted outside of its powers and/or jurisdiction (i.e. acted ultra vires);

(c)  the decision-maker or decision-making body made an error of law;

d) the decision-maker or decision-making body based its decision on erroneous or irrelevant information that was material to the decision reached;

(e) substantial new evidence became available after the decision, which is being appealed, was made;

(f)  in the case of a decision relating to misconduct, the penalty was either excessive or inappropriate;

(g)  in respect of a decision relating to the Selection or Non-Selection of the appellant as a New Zealand representative in a sport or to a New Zealand representative team or squad, the following additional grounds apply:

(i) the applicable Selection Criteria have not been properly followed and/or implemented;

(ii) the person seeking selection was not afforded a reasonable opportunity by the NSO to satisfy the applicable Selection Criteria;

(iii) the selection decision was affected by actual bias;

(iv) there was no material on which the selection decision could reasonably be based.

Steps in Appeal proceedings

  1. 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.
  2. The Registrar advises appeal proceedings have commenced.
  3. 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.
  4. The NSO or NZOC provides their Statement of Defence (Form 5) within 14 working days.
  5. The Tribunal may hold a pre-hearing conference.
  6. Any further evidence or submissions required are provided before the hearing.
  7. The hearing is held.
  8. The Tribunal decides the appeal and makes orders (if appropriate).
Back To Top