Decisions

  • New Zealand Rugby League Inc v Vince Whare

    Overview: Anti-doping – cannabis – second violation – recreational use – used for stress relief during difficult personal circumstances – mandatory 2 years’ ineligibility for second violation imposed – would have been banned for life if had not established drug use not for performance enhancing purposes – cross code effect of suspension – suspension backdated to…

    Read more

  • New Zealand Rugby League Inc v Blake Milner

    Overview: Anti-doping – cannabis – recreational use – smoked cannabis three weeks before game where tested – aggravating circumstances justifying suspension – defendant previously signed agreement/declaration with NZ Rugby League that aware of their anti-doping policy – that defendant had been dropped from team at time used cannabis and had not expected to be re-selected and…

    Read more

  • Daisy Thomas v Surfing New Zealand

    Overview: 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…

    Read more

  • Basketball New Zealand v Mark Dickel

    Overview: Anti-doping – cannabis – NZ representative player – recreational use at party 5 weeks before test – defendant not under contract at time of use – defendant served interim suspension of 2 matches – defendant exposed to adverse publicity and suffered financial consequences as result of interim suspension – no aggravating circumstances justifying further suspension…

    Read more

  • Timothy Madgwick v Mountain Bike New Zealand

    Overview: Appeal against non-selection for NZ Team – appellant chosen for NZ squad but not subsequently selected for NZ team for world champs – selection criteria contain both objective and subjective factors – selectors required to pick strongest team – selection criteria based on domestic and international results with international results given preference – appellant chose…

    Read more

  • Katrine Lawton v Mountain Bike New Zealand

    Overview: Appeal against non-selection for NZ Team – appellant selected for NZ squad but not subsequently selected for NZ team for world champs – selectors required to pick strongest team – selection criteria based on domestic and international results with international results given preference – appellant in strong position compared to some rivals at time squad…

    Read more

  • Binbin Zhu v Table Tennis New Zealand

    Overview: Appeal against decision of a national sports organisation – athlete appealed against not being nominated in December 2005 by Table Tennis NZ (TTNZ) for one of five Prime Minister’s Athlete Scholarships allocated to TTNZ – after considerable correspondence with TTNZ, athlete appealed to Tribunal in May 2006 – jurisdiction to hear appeal – whether Tribunal…

    Read more

  • New Zealand Federation of Body Builders Inc v Sam Mohamad

    Overview: Anti-doping – stanozol, hydroclorothiazide and amiloride – defendant failing to participate in proceedings or raise any defence – mandatory 2 years’ ineligibility imposed.

    Read more

  • Touch New Zealand v William Morunga

    Overview: Anti-doping – Touch player’s second violation with cannabis – mandatory 2 years’ ineligibility for second violation imposed – importance of athletes participating in proceedings – if defendant had not established substance not used for performance enhancing purposes he would have been banned for life for second violation – cross code effect of suspension – any…

    Read more

  • New Zealand Power Lifting Federation v Mark Mete

    Overview: Anti-doping – ephedrine – athlete admitted taking ephedrine pills to manage asthma – issue over which anti-doping rules applied – NZPF agreed at 2004 AGM to replace their old constitution and NZPF anti-doping rules with a new constitution and the IPF international federation anti-doping rules (which incorporated WADA code) – NZPF and IPF rules set…

    Read more