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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
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Drug Free Sport New Zealand v Steven Manson
Overview: Anti-doping – cannabis – recreational use at party – athlete admitted violation – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – no mitigating factors – aggravating factors were that that he was an experienced athlete who knew he was taking prohibited substance and used it the night before tournament
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Drug Free Sport New Zealand v Thomas Cameron
Overview: Anti-doping – cannabis – recreational use at party – athlete admitted violation – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – no mitigating factors – had received appropriate drug education and knew taking prohibited substance – his knowledge was aggravating factor – 2 months’ suspension appropriate (commencing from 30
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Drug Free Sport New Zealand v Tom (Zig Zag) Wallace
Overview: Anti-doping – probenecid – boxer tested positive for probenecid – admitted violation but gave evidence violation was inadvertent – doctor at accident and emergency clinic prescribed him probenecid to help treat cellulitis in knee – neither doctor nor athlete knew probenecid was prohibited substance – athlete informed doctor he was competitive boxer subject to drug
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Noel Curr v Motorcycling New Zealand Inc (ST 09/08)
Overview: Costs – costs order sought by respondent after appeal struck out for being out of time – costs sought in accordance with High Court costs rules – Tribunal does not operate under those rules – not appropriate case to award costs – costs application dismissed.
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Drug Free Sport New Zealand v Dane Boswell
Overview: Anti-doping – probenecid – rower tested positive for probenecid in November 2008 – athlete subsequently requested B sample also be tested and this was was also positive – proceedings brought to Tribunal in 2009 by Drug Free Sport upon second positive test result – admitted violation but gave evidence violation was inadvertent – doctor prescribed
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Drug Free Sport New Zealand v Duane Wineti
Overview: Anti-doping – rugby league player tested positive for D-methamphetamine, D-amphetamine and cannabis after playing in premiership final – admitted using cannabis in social situation but unable to explain how methamphetamine and amphetamine came to be in his system and denied knowing use – athlete speculated positive test may have resulted from passive inhalation but gave
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Noel Curr v Motorcycling New Zealand Inc (ST 19/07)
Overview: Appeal against decision of national sporting organisation – stewardship and relationship with membership – Motorcycling New Zealand (MNZ) suspended appellant’s membership and also terminated his status as a steward as the result of disciplinary proceedings – in 11 April 2008 decision, Sports Tribunal upheld findings against appellant but reduced suspension imposed and expressly reserved jurisdiction
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Tim Curr v Motorcycling New Zealand Inc
Overview: Appeal against decision of national sporting organisation – after incident on racing track, steward purported to disqualify appellant motorcyclist who kept racing – MNZ Board found appellant rode dangerously close to steward, ignored his directions and rode dangerously in pits – MNZ Board imposed 2 years’ full suspension and further one year’s partial suspension of
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Drug Free Sport New Zealand v Rodney Newman
Overview: Anti-doping – boldenone and testosterone – athlete admitted violation and accepted 2 year suspension was mandatory penalty but submitted suspension should start from earlier date of positive test notification and not date of Tribunal hearing – no formal provisional suspension had been sought by athlete’s sport but athlete voluntarily not competed since notification of positive
