Overview:

Appeal against decision of NSO – non-nomination – R appealed decision of Swimming New Zealand (SNZ) not to nominate him to compete in the Men’s Open Water 10km Event at the 2016 Rio Olympics – urgency due to requirement to confirm allocation of slot with FINA by 28 June –– R appealed on a number of grounds including: failure to properly follow and / or implement nomination criteria, not afforded a reasonable opportunity to satisfy nomination criteria, no material on which a decision not to nominate R could reasonably be based – track record goes beyond qualifying events – referred back to Swimming NZ selectors to reconsider nomination decision having proper regard to interference in qualifying event, track record in other events and the views of Swimming NZ’s High Performance Development Coach – appeal allowed