Overview:

Appeal against decision of NSO – non-nomination – M appealed against decision of Athletics New Zealand (ANZ) not to nominate him to compete in Men’s Marathon Event at 2016 Rio Olympic Games – ran 2016 London Marathon and Gold Coast Marathon under IAAF Olympic qualification time but outside ANZ-A and ANZ-B Performance Standards – whether Nomination Criteria properly followed or implemented – whether material on which the nomination decision could reasonably be based – M suffering from cold at 2016 qualification events – effect on performance – expert evidence – theoretical assessment of effect of illness and handicap not starting in elite field in London Marathon – M contended based on form over shorter distances on track to achieve ANZ-B Performance Standard – discussion of A and B Standards – B Standard guide only, overriding criteria was whether capable of top 16 placing at Rio Olympics – 69 other competitors in Rio starting field who had run under B Standard – statistical analysis of ability to predict placings based on world rankings and performances during qualification period – Tribunal concluded selectors had reasonably applied nomination criteria and sufficient material on which non-nomination decision could be reasonably based – appeal dismissed