Presence of prohibited substance in sample

  • Drug Free Sport New Zealand v Joseph Flint

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    Overview: Anti-doping – cannabis – recreational use – admitted violation – aggravating factors included used cannabis when drinking 2 days before match and aware that cannabis banned (had signed participation agreement acknowledging aware of NSO’s anti-doping policy) – mitigating factors were young age (18) and that as a result of positive test had missed out being…

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  • Drug Free Sport New Zealand v Jason Morehu

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    Overview: Anti-doping – cannabis – recreational use – admitted violation – suspension of one month appropriate penalty in circumstances of case – rugby league season ended and does not start again until 1 March 2008 – in order for penalty to be effective, period of ineligibility will run from date of decision until 31 March 2008.

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  • Basketball New Zealand Inc v Clifton Bush Junior

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    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use – admitted violation – cannabis used by athlete when feeling depressed on anniversary of father’s death – outdated BBNZ anti-doping code applied at time of violation – on one interpretation of BBNZ code, defendant liable for 2 years’ mandatory suspension – Tribunal gave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 Federation of Body Builders Inc v Ann Holt

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    Overview: Anti-doping – Benzylpiperazine (BZP) – defendant admitted violation – stated positive result due to her using a product purchased from health food store to help elevate her mood, energy and well-being – product stated on label that it contained BZP – defendant stated she knew it contained BZP but did not realise that BZP was…

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  • New Zealand Rugby League Inc v Jacob Croot

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    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

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    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

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    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

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    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

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    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

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    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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