Samuel McArthur v Fencing New Zealand (ST09/26)

Appeal – Fencing – Fencing New Zealand (FeNZ) – appeal against non-selection for World Championships – selectors selected two lower-ranked athletes over Appellant – Grounds of appeal: applicable selection criteria had not been properly followed and/or implemented; selection decision affected by actual bias; no material on which the selection decision could be reasonably based – challenge to Tribunal’s jurisdiction by FeNZ and whether appeal was against the selection of another athlete – Tribunal found that it did have jurisdiction – Tribunal found that the selectors had failed to properly follow the selection criteria – selection based on FeNZ Open Rankings – no discretion for selectors except under “Resides Internationally” exemption – selectors wrongly exercised a broad and general discretion to override or adjust Open Rankings – selectors wrongly treated a fencer’s injury and overseas results as coming under the “Other Extenuating Circumstances” exemption when he didn’t meet other more specific exemptions – Tribunal found no actual bias – Tribunal found no material on which decision could reasonably be based was entwined with selection criteria not followed – appeal allowed – Appellant bound to be selected – matter referred back to FeNZ to determine final selection spot between remaining two fencers