Decisions

  • 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    Overview: Anti-doping – cannabis – recreational use – admitted violation – outdated BBNZ anti-doping code applied at time of violation – Tribunal applied same interpretation to code as in BBNZ v Bush (ST 15/07, 10 October 2007) – fact that was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 –

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  • New Zealand Federation of Body Builders Inc v Ann Holt

    Overview: Anti-doping – Benzylpiperazine (BZP) – defendant admitted violation – stated positive result due to her using a product purchased from health food store to help elevate her mood, energy and well-being – product stated on label that it contained BZP – defendant stated she knew it contained BZP but did not realise that BZP was

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  • New Zealand Federation of Body Builders Inc v Niko Toluono

    Overview: Anti-doping – failure to provide a urine sample – defendant refused to provide sample in competition – despite being given opportunity to participate in the hearing, defendant failed to do so and provided no information – 2 years’ ineligibility imposed (to commence from date of Tribunal decision).

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  • New Zealand Rugby League Inc v Jacob Croot

    ST 13/07 · Decision 14 September 2007 · The Tribunal heard this case under urgency, with the consent of the parties. The Tribunal issued its decision shortly after the hearing. Reasons for the decision were released on 25 September 2007. Overview: Anti-doping – cannabis – recreational use – mitigating circumstances included young age of defendant (16) and that, despite

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