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Basketball New Zealand Inc v Clifton Bush Junior
Overview: Anti-doping – cannabis – recreational use – admitted violation – cannabis used by athlete when feeling depressed on anniversary of father’s death – outdated BBNZ anti-doping code applied at time of violation – on one interpretation of BBNZ code, defendant liable for 2 years’ mandatory suspension – Tribunal gave BBNZ code a purposive interpretation –…
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New Zealand Rugby League Inc v Jacob Croot
ST 13/07 · Decision 14 September 2007 · The Tribunal heard this case under urgency, with the consent of the parties. The Tribunal issued its decision shortly after the hearing. Reasons for the decision were released on 25 September 2007. Overview: Anti-doping – cannabis – recreational use – mitigating circumstances included young age of defendant (16) and that, despite…
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New Zealand Rugby League Inc v Sonny Cavanagh and Joe Vaifale
ST 11/07 ST 12/07 · Decision 8 September 2007 · New Zealand Rugby League Inc v Sonny Cavanagh (ST 11/07) and New Zealand Rugby League Inc v Joe Vaifale (ST 12/07). The Tribunal heard both of these cases together, by consent of the parties, under urgency. The Tribunal issued its decision shortly after the hearing. Reasons for the decision…
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Boxing New Zealand Inc v Kerry Nathan
Overview: Anti-doping – cannabis – recreational use at cousin’s birthday party 2 weeks before tournament where tested positive after winning NZ women’s boxing championship – Tribunal recently released a Minute announcing it will take a new approach to imposing penalties in future cannabis cases – however infraction in present case occurred before release of Minute –…
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New Zealand Rugby League Inc v Vince Whare
Overview: Anti-doping – cannabis – second violation – recreational use – used for stress relief during difficult personal circumstances – mandatory 2 years’ ineligibility for second violation imposed – would have been banned for life if had not established drug use not for performance enhancing purposes – cross code effect of suspension – suspension backdated to…
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New Zealand Rugby League Inc v Blake Milner
Overview: Anti-doping – cannabis – recreational use – smoked cannabis three weeks before game where tested – aggravating circumstances justifying suspension – defendant previously signed agreement/declaration with NZ Rugby League that aware of their anti-doping policy – that defendant had been dropped from team at time used cannabis and had not expected to be re-selected and…
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Basketball New Zealand v Mark Dickel
Overview: Anti-doping – cannabis – NZ representative player – recreational use at party 5 weeks before test – defendant not under contract at time of use – defendant served interim suspension of 2 matches – defendant exposed to adverse publicity and suffered financial consequences as result of interim suspension – no aggravating circumstances justifying further suspension…
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Touch New Zealand v William Morunga
Overview: Anti-doping – Touch player’s second violation with cannabis – mandatory 2 years’ ineligibility for second violation imposed – importance of athletes participating in proceedings – if defendant had not established substance not used for performance enhancing purposes he would have been banned for life for second violation – cross code effect of suspension – any…
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Softball New Zealand v Curtis Ames
Overview: Anti-doping – cannabis – principles set out in Karaitiana decision (SDT 12/06) applied – Canadian player in NZ for softball season – defendant admitted violation and provided letter stating cannabis use was recreational at Christmas celebration and not to enhance performance – moved back to Canada before hearing – player failed to participate in teleconference…
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Softball New Zealand v Lance Abbot
Overview: Anti-doping – cannabis – principles set out in Karaitiana decision (SDT 12/06) applied – admitted recreational cannabis use at stag party – elite athletes – level of knowledge and experience – Tribunal found with some reservations that no aggravating circumstances – defendant was former NZ softball representative – last represented NZ in 2001 and was…
