Overview:

Appeal against decision of NSO – non-nomination – W appealed decision of Swimming New Zealand (SNZ) not to nominate her to compete in the Women’s Open Water 10km Event at the 2016 Rio Olympics – urgency due to requirement to confirm allocation of slot with FINA –– due to time constraints unable to convene hearing but agreed to a neutral evaluation by Tribunal Chair of the available documentation and telephone conference with the parties – W appealed on grounds that nomination criteria not properly followed or implemented, nomination decision affected by apparent bias (open water swimmers compared to pool swimmers) – not satisfied sufficient evidential basis for allegation of bias – W adversely affected by cold water temperature at qualifying event – noted Swimming NZ selectors meeting to reconsider nomination decision for Kane Radford in the Men’s Open Water 10km Event and in the interests of justice was an opportunity to ensure selectors had all material available regarding W’s performances in previous events