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Drug Free Sport New Zealand v Dawn Chalmers
Overview: Anti-doping – furosemide – boxer tested positive after winning NZ championship – took furosemide prescribed by her doctor for medical condition – doctor mistakenly advised her (also mistakenly confirmed by pharmacist) not to use furosemide “close to” or “around competition” when in fact it is prohibited substance not to be taken in or out of
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Drug Free Sport New Zealand v Vince Whare
Overview: Anti-doping – third cannabis violation (reprimanded and fined in 2005 and suspended for 2 years in 2006) – first case before Tribunal of any third time doping violation – rugby league player tested positive for cannabis after representing province – Sports Anti-Doping Rules provide for a life time ban for third violation unless (in the
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Drug Free Sport New Zealand v Greig Dean
Overview: Anti-doping – cannabis – rugby league player tested positive for cannabis after representing province – provisionally suspended from 28 October 2009 – admitted violation – cannabis used in party to celebrate victory of club team – Tribunal considered athlete aware that cannabis was prohibited – his statement that at time of use he didn’t think
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Tim Curr v Motorcycling New Zealand Inc
Overview: Costs – costs order sought by respondent – costs sought in accordance with High Court costs rules – Tribunal does not operate under those rules – appellant partly successful in appeal as to penalty but unsuccessful on other grounds – appellant represented by father who was not a lawyer – respondent claimed conduct of father
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Brook Reeve v KartSport New Zealand Inc
Overview: Appeal against decision of national sporting organisation (KartSport) – junior kart driver (B) appealed against being placed second in race – karts fitted with transponders and electronic timing system used – initial result screens linked to electronic timing system showed B won race – however Finish Line Judge and 3 lap scorers saw finish differently
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Drug Free Sport New Zealand v Liza Hunter-Galvan
Overview: Anti-doping – erythropoietin (EPO) – athlete admitted violation and that deliberately took EPO – Tribunal rejected her submission that suspension should be backdated to the date of sample collection as she had made a “prompt” admission of the violation – Tribunal did not find her admission to be prompt in circumstances – she did not
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Brook Reeve v KartSport New Zealand
Overview: Appeal against decision of national sporting organisation (KartSport)- jurisdiction – Tribunal ruled it did not have jurisdiction to hear this appeal pursuant to KartSport’s rules – those rules require an appeal to Sports Tribunal to be preceded by a KartSport appeal board hearing and decision – appellant had intended to appeal to KartSport appeal board
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Christopher Cox v KartSport New Zealand
Overview: Appeal against decision of national sporting organisation (KartSport) that junior kart driver breached rules during race by overtaking after a yellow flag was shown – field of play – Tribunal cannot question in these circumstances whether yellow flag should have been shown or not – however this did not dispose of issue of whether was
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Drug Free Sport New Zealand v George Playle
Overview: Anti-doping – cannabis – athlete admitted violation – recreational use at party – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – mitigating factors – athlete not originally selected for team and called up on short notice – athlete gave evidence that at time used cannabis he did not anticipate
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Drug Free Sport New Zealand v Aaron Neemia
Overview: Anti-doping – cannabis – second violation (see Softball NZ v Aaron Neemia, SDT 08/06, decision 7 April 2006 for decision relating to first violation) – law changed this year due to changes in WADA Code and Sports Anti-Doping Rules – Tribunal now has discretion of imposing suspension of between 1 to 4 years (instead of
