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Rex Jenkins v Boxing New Zealand


Appeal against decision of NSO – Boxing NZ (BNZ) Executive nominated appellant (J) as coach for boxer at Youth Olympic Games – J attended NZOC workshop and thought he had been appointed by NZOC when had not – NZOC raised issue with BNZ of reconsidering their nomination as thought boxer’s personal coach may be more suitable at Games (J not personal coach) – BNZ reconsidered nomination and nominated personal coach (A) instead of J – J unsuccessfully appealed nomination reconsideration decision to the BNZ Appeals Committee – Tribunal did not accept that decisions of BNZ Executive were unreasonable – if NZOC, as appointer, raised relevant issues for consideration, no reason why BNZ not entitled to reconsider its nomination – while unfortunate request to reconsider was made after J led to believe that he had been appointed, Tribunal considered BNZ had right to, and was entitled to, change its nomination – Whether A’s level of coaching licence prevented him being nominated for Games – up to NZOC to determine qualifications for appointment and given that NZOC indicated it favoured A, then BNZ entitled to nominate A. Whether J denied natural justice by BNZ Appeals Committee – under natural justice principles, necessary to give an appellant opportunity to be heard and appropriately present his or her case – J not notified when or where the appeal hearing to be heard, hearing in private, J not asked for submissions or supporting evidence, J did not know matters to be considered, some factual matters were clarified in the hearing that should have been referred to J first as he may have had submissions – Appeals Committee should have called for submissions from both parties, have given J right to appear in support of his case and clarified evidential matters with knowledge, and in presence, of both parties – if Appeals Committee elects to make a decision without a hearing, it must be particularly vigilant that parties are given adequate opportunity to make submissions, be appraised of the facts and to hear any comments adverse to their case – Tribunal made declaration that Appeals Committee denied J natural justice.

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