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Christopher Cox v KartSport New Zealand
Overview: Appeal against decision of national sporting organisation (KartSport) that junior kart driver breached rules during race by overtaking after a yellow flag was shown – field of play – Tribunal cannot question in these circumstances whether yellow flag should have been shown or not – however this did not dispose of issue of whether was…
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Noel Curr v Motorcycling New Zealand Inc (ST 09/08)
Overview: Costs – costs order sought by respondent after appeal struck out for being out of time – costs sought in accordance with High Court costs rules – Tribunal does not operate under those rules – not appropriate case to award costs – costs application dismissed.
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Noel Curr v Motorcycling New Zealand Inc (ST 19/07)
Appeal against decision of NSO, Application for rehearing, Disciplinary appeals, Natural justice, New evidenceOverview: Appeal against decision of national sporting organisation – stewardship and relationship with membership – Motorcycling New Zealand (MNZ) suspended appellant’s membership and also terminated his status as a steward as the result of disciplinary proceedings – in 11 April 2008 decision, Sports Tribunal upheld findings against appellant but reduced suspension imposed and expressly reserved jurisdiction…
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Tim Curr v Motorcycling New Zealand Inc
Overview: Appeal against decision of national sporting organisation – after incident on racing track, steward purported to disqualify appellant motorcyclist who kept racing – MNZ Board found appellant rode dangerously close to steward, ignored his directions and rode dangerously in pits – MNZ Board imposed 2 years’ full suspension and further one year’s partial suspension of…
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Noel Curr v Motorcycling New Zealand Inc (ST 09/08)
Overview: Appeal against decision of national sporting organisation – jurisdiction – whether appeal filed in time and Tribunal could hear appeal – appeals to Tribunal against a decision of an NSO have to be filed within the time period set out in the NSO’s rules or if those rules don’t specify time period, then within the…
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Tony Heuvel v Speedway New Zealand
Overview: Appeal against decision of national sporting organisation – saloon car driver suspended for 12 months for competing with allegedly illegal carburettor on his car – some breaches of natural justice in way manner matter dealt with in Directors’ meeting and Appeal Committee hearing including: determining engine illegal without hearing from appellant; lack of information provided…
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Liza Hunter-Galvan v Athletics New Zealand
Appeal against decision of NSO, Bias, Natural justice, Non-nomination for Olympics, Selection/nomination appeals, Selection/nomination criteria: whether material on which could reasonably be based, Selection/nomination criteria: whether properly followed/implemented, Selection/nomination criteria: whether reasonable opportunity to satisfyOverview: Appeal against non-nomination for Olympics – marathon runner Liza Hunter-Galvan appealed her non nomination for the Olympics in the marathon event – in 2007 she ran in the Amsterdam marathon in a time more than two minutes faster than the New Zealand performance standard to qualify for Olympics which was a pointer to nomination –…
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Richard Hearn v New Zealand Shooting Federation
Appeal against decision of NSO, Non-nomination for Olympics, Selection/nomination appeals, Selection/nomination criteria: whether properly followed/implementedOverview: Appeal against non-nomination for Olympics – shooter appealed his non-nomination for Olympics in men’s prone event – another shooter nominated ahead of him in this event and he did not appeal this – NSO had one unused transfer quota available and nominated competitor (W) in another event (air pistol) – both appellant and W had…
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Te Rina Taite v Swimming New Zealand Inc
Appeal against decision of NSO, Jurisdiction, Non-nomination for Olympics, Selection/nomination appeals, Selection/nomination criteria: whether properly followed/implemented, Selection/nomination criteria: whether reasonable opportunity to satisfyOverview: Appeal against non-nomination for Olympics – relay swimmer’s team was not nominated – she appealed her non-nomination – appeal heard under urgency – jurisdiction – which rules or agreements applied as to when appeal against non-nomination needed to be filed – SNZ’s constitution did not set out time frame for filing non-nomination appeal and so…
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Noel Curr v Motorcycling New Zealand Inc (19/07)
Appeal against decision of NSO, Appeal against penalty, Costs, Disciplinary appeals, Natural justiceOverview: Appeal against decision of national sporting organisation – member of Motorcycling New Zealand (MNZ), who was the president of one of the affiliated clubs, was suspended by MNZ for 3 years and fined for a course of conduct bringing the sport into disrepute – included making allegedly defamatory comments about senior MNZ members in e-mails…
