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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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Drug Free Sport New Zealand v Rodney Newman
Overview: Anti-doping – boldenone and testosterone – athlete admitted violation and accepted 2 year suspension was mandatory penalty but submitted suspension should start from earlier date of positive test notification and not date of Tribunal hearing – no formal provisional suspension had been sought by athlete’s sport but athlete voluntarily not competed since notification of positive…
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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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Drug Free Sport New Zealand v Stacey Lambert
Overview: Anti-doping – cannabis – recreational use – NBL basketball player tests positive to cannabis after match – player agrees to stand down for last match of season and provisional suspension not imposed – violation admitted at hearing – NBL basketball season over until next year – retirement – player stated not intending to play in…
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Liza Hunter-Galvan v Athletics New Zealand
Overview: 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
Overview: 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
Overview: 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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Drug Free Sport New Zealand v Ted Hunia
Overview: Anti-doping – cannabis – Touch player tests positive to cannabis at national tournament – violation admitted at hearing – player stating that cannabis used to relieve back pain – Tribunal accepts use not for performance enhancing reasons – aggravating factors include: experience of player; knew cannabis was banned (players warned by coach and manager); signed…
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Drug Free Sport New Zealand v Steven Robinson
Overview: Anti-doping – cannabis – recreational use – basketball player tests positive to cannabis after match – Tribunal provisionally suspends player on application of NSO – violation admitted at hearing -aggravating factors include experience of player and used cannabis few days before match – remorse and impact of provisional suspension taken into account including adverse publicity-…
