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Daisy Thomas v Surfing New Zealand


Appeal against non-selection for NZ junior surfing team – whether selection criteria properly followed – whether appellant offered reasonable opportunity to satisfy selection criteria – whether bias (one of the selectors had coached rival selected ahead of appellant) – whether material on which the selection decision could be based – deficiencies in SNZ’s processes but not sufficient to set aside the selection decision – it could not be said that there was no material on which the selection decision could reasonably be based – appeal dismissed. Appellant also sought that Tribunal make recommendations to SNZ in relation to revising their selection policy and other procedures – Tribunal declined to make specific recommendations as to the form the rules, policies and criteria should take – Tribunal made general observations about these matters, particularly in relation to selection criteria requiring subjective assessments – costs – exceptional circumstances – while selection appeal was unsuccessful, the appeal had merit – deficiencies identified in SNZ’s processes which SNZ are going to rectify – appeal will have beneficial consequences within SNZ – small costs award to appellant appropriate.

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