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Drug Free Sport New Zealand v Nat Connell
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-…
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Noel Curr v Motorcycling New Zealand Inc (19/07)
Overview: 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…
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Kane Radford v Swimming New Zealand Inc
Overview: Appeal against non-selection for world championships and non-nomination for Olympics – swimmer appealed not being selected for open water world championships event – needed to compete in that event in order to have a chance to qualify for Olympics – jurisdiction – interpretation – rule in Swimming NZ (SNZ) constitution only gave jurisdiction to Tribunal…
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Softball New Zealand Inc v Cindy Potae
Overview: Anti-doping – morphine – whether fault or negligence – taking non-prohibited substance that can metabolise into prohibited substance – comments on potential consequences when delay in filing application and player competing at any level – Tribunal accepted evidence that athlete had taken two codeine based Nurofen Plus tablets (commonly used and widely available pain relief…
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New Zealand Rugby League Inc v Timoti Broughton
Overview: Anti-doping – cannabis – recreational use at party – admitted violation – had signed participation agreement acknowledging he was aware of NSO’s anti-doping policy – however, there were mitigating circumstances justifying penalty at lower end of range – had been provisionally suspended and missed a number of matches – match in which he was drug…
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Basketball New Zealand Inc v Kareem Johnson
Overview: Anti-doping – cannabis – recreational use – admitted violation – outdated BBNZ anti-doping code applied at time of violation – Tribunal applied same interpretation to code as in BBNZ v Bush (ST 15/07, 10 October 2007) – fact that was a professional athlete did not of itself influence Tribunal – however ban would have potentially…
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Drug Free Sport New Zealand v Joseph Flint
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
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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Glen Williams v Triathlon New Zealand Inc
Overview: Appeal against decision of NSO – jurisdiction – appellant complaining about a decision affecting him that was made by an overseas organisation (WTC) – appellant asked Triathlon New Zealand (Tri NZ) to censure WTC and use their influence to get the decision of WTC changed – when Tri NZ refused to do so, he brought…
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Basketball New Zealand Inc v Clifton Bush Junior
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 –…
