Decisions

  • Noel Curr v Motorcycling New Zealand Inc (ST 09/08)

    Overview: Appeal against decision of national sporting organisation – jurisdiction – whether appeal filed in time and Tribunal could hear appeal – appeals to Tribunal against a decision of an NSO have to be filed within the time period set out in the NSO’s rules or if those rules don’t specify time period, then within the

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  • Tony Heuvel v Speedway New Zealand

    Overview: Appeal against decision of national sporting organisation – saloon car driver suspended for 12 months for competing with allegedly illegal carburettor on his car – some breaches of natural justice in way manner matter dealt with in Directors’ meeting and Appeal Committee hearing including: determining engine illegal without hearing from appellant; lack of information provided

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  • Drug Free Sport New Zealand v Stacey Lambert

    Overview: Anti-doping – cannabis – recreational use – NBL basketball player tests positive to cannabis after match – player agrees to stand down for last match of season and provisional suspension not imposed – violation admitted at hearing – NBL basketball season over until next year – retirement – player stated not intending to play in

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  • Liza Hunter-Galvan v Athletics New Zealand

    Overview: Appeal against non-nomination for Olympics – marathon runner Liza Hunter-Galvan appealed her non nomination for the Olympics in the marathon event – in 2007 she ran in the Amsterdam marathon in a time more than two minutes faster than the New Zealand performance standard to qualify for Olympics which was a pointer to nomination –

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  • Richard Hearn v New Zealand Shooting Federation

    Overview: Appeal against non-nomination for Olympics – shooter appealed his non-nomination for Olympics in men’s prone event – another shooter nominated ahead of him in this event and he did not appeal this – NSO had one unused transfer quota available and nominated competitor (W) in another event (air pistol) – both appellant and W had

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  • Te Rina Taite v Swimming New Zealand Inc

    Overview: Appeal against non-nomination for Olympics – relay swimmer’s team was not nominated – she appealed her non-nomination – appeal heard under urgency – jurisdiction – which rules or agreements applied as to when appeal against non-nomination needed to be filed – SNZ’s constitution did not set out time frame for filing non-nomination appeal and so

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  • Drug Free Sport New Zealand v Ted Hunia

    Overview: Anti-doping – cannabis – Touch player tests positive to cannabis at national tournament – violation admitted at hearing – player stating that cannabis used to relieve back pain – Tribunal accepts use not for performance enhancing reasons – aggravating factors include: experience of player; knew cannabis was banned (players warned by coach and manager); signed

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  • Drug Free Sport New Zealand v Steven Robinson

    Overview: Anti-doping – cannabis – recreational use – basketball player tests positive to cannabis after match – Tribunal provisionally suspends player on application of NSO – violation admitted at hearing -aggravating factors include experience of player and used cannabis few days before match – remorse and impact of provisional suspension taken into account including adverse publicity-

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  • Drug Free Sport New Zealand v Nat Connell

    Overview: Anti-doping – cannabis – recreational use – basketball player tests positive to cannabis after match – Tribunal provisionally suspends player on application of NSO – violation admitted at hearing -aggravating factors include experience of player and used cannabis few days before match – remorse and impact of provisional suspension taken into account including adverse publicity-

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  • Noel Curr v Motorcycling New Zealand Inc (19/07)

    Overview: Appeal against decision of national sporting organisation – member of Motorcycling New Zealand (MNZ), who was the president of one of the affiliated clubs, was suspended by MNZ for 3 years and fined for a course of conduct bringing the sport into disrepute – included making allegedly defamatory comments about senior MNZ members in e-mails

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