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Anon v NZCPA
Decision on application for costs.
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Anon v New Zealand Canoe Polo Association (08/2023)
Appeal of NZCPA decision – disciplinary process – decision increased sanction from original decision – denial of natural justice – no opportunity to test inculpatory evidence – stood down from Oceania Champs – supervision period of one year – sanction excessive and disproportionate
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Drug Free Sport New Zealand (DFSNZ) v Anon 01/2023 (Costs)
Decision on application for costs.
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DFSNZ v Anon
Six-month period of ineligibility imposed on recreational athlete for unintentional ingestion of a prohibited substance with no significant fault or negligence.
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Drug Free Sport New Zealand v Anon 01/2023
Anti-doping – golf – presence of and use or attempted use of prohibited substance SARMS – ostarine – in-competition test – adverse analytical finding – defended hearing – Tribunal found unintentional ingestion – no significant fault – recreational athlete – did not have to prove source – Tribunal imposed six month sanction – sanction backdated…
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Drug Free Sport New Zealand v Hinewai Hausman
Anti-doping – powerlifting – presence of and use or attempted use of prohibited substance Anabolic agents – previously suspended- DFSNZ entitled to continue to test – adverse analytical finding – admitted violations – accepted sanction – no hearing – athlete has retired from sport – eight-year sanction available to the Tribunal – Tribunal exercised discretion…
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Drug Free Sport New Zealand v Vaibhav Sharma
Anti-doping – rugby – possession of and use or attempted use of prohibited substance Anabolic agents – Customs interception of parcel –accepted immediate provisional suspension – denied charges – hearing – burden of proof on DFSNZ– evidence supporting DFSNZ position – name, address and phone number on parcel – Tribunal comfortably satisfied – Tribunal agreed…
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Drug Free Sport New Zealand v William Morunga
Application for reconsideration of periods of ineligibility under SADR 19.3- no dispute over outcome applied for – DFSNZ submit for re-sanction – matter decided on the papers – doctrine of Lex Mitior considered – examination of whether it is open and appropriate for the Tribunal to grant the application – examination of rules 10.2.4.1, 10.9.2…
