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Sammie Maxwell v Cycling New Zealand-costs
Costs application- athlete applying for substantial costs –Cycling New Zealand – resists application – hearing – exceptional case – substantial award appropriate – $15,000 costs awarded in favour of athlete
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Appeal against non-selection for U23 ITT at UCI World Champs dismissed
An appeal against non-selection to compete in the U23 Individual Time Trial event at the 2024 UCI World Champs has been dismissed by the Tribunal on the basis that the selectors did not make material errors in the selection process.
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Lukas Murphy v Cycling New Zealand
Appeal against decision of NSO, Non anti-doping case decisions, Selection/nomination criteria: whether properly followed/implemented, Selection/nomination criteria: whether reasonable opportunity to satisfyAppeal – Road Racing – Cycling New Zealand – athlete not selected for U23 Individual Time Trial event at 2024 UCI World Champs –- decision appealed on basis the selection criteria not properly followed and/or implemented – no reasonable opportunity to meet the criteria – no material on which the decision could be made –…
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Sammie Maxwell v Cycling New Zealand
Appeal against decision of NSO, Bias, Non anti-doping case decisions, Non-nomination for Olympics, Selection/nomination criteria: whether properly followed/implementedAppeal –Cycling New Zealand – athlete not nominated for Olympic selection –– decision appealed on four grounds – urgency – hearing held ––Tribunal upheld appeal – nomination made – reasons to follow
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Michael Bias v Cycling New Zealand
Bias, Non anti-doping case decisions, Non-nomination for Olympics, Selection/nomination criteria: whether properly followed/implementedAppeal – BMX – Cycling New Zealand – athlete not nominated for Olympic selection – met the primary objective of the nomination criteria –Rico Bearman nominated and athlete nominated as a reserve – decision appealed on basis the nomination criteria not properly followed and/or implemented – bias – urgency – hearing held – not found…
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Michael Bias v Cycling New Zealand
Appeal against decision of NSO, Non-selection for NZ team, Selection/nomination appeals, Selection/nomination criteria: whether material on which could reasonably be based, Selection/nomination criteria: whether properly followed/implemented, Selection/nomination criteria: whether reasonable opportunity to satisfyOverview: Non-selection appeal – 2019 BMX World Championships – Cycling New Zealand had applied new selection criteria to riders, and determined that no male BMX riders would be selected – Tribunal found that the legal position was clear and that it should only intervene if there was no basis or justification for the selectors’ decision –…
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Drug Free Sport New Zealand v Nicholas Byrne
Overview: Anti-doping – (NB) cyclist – tested positive for testosterone and anastrozole and their metabolites – substances prohibited at all times – provisionally suspended without opposition – requested B sample analysis which confirmed A sample results – admitted violation – asked to be heard as to sanction – prior to hearing joint memorandum filed by parties…
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Drug Free Sport New Zealand v Karl Murray
Overview: Anti-doping – Cyclist (M) intentional use of non- specified substance during Tour of Northland – presumptive period of ineligibility four years – second anti-doping violation subject to “twice the period of ineligibility” – challenge to a previous New Caledonia ban being counted as first violation – New Caledonia non-signatory to the Code – New Caledonia…
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Drug Free Sport New Zealand v Karl Murray
Overview: Issue of Tribunal’s jurisdiction raised – Mr Murray not licenced at time of event when tested positive – SADR not applicable – Tribunal no jurisdiction – further material filed by parties – Tribunal satisfied Mr Murray was a member of Cycling NZ and subject to SADR at relevant event.
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Jason Christie v Cycling New Zealand
Non-nomination for Commonwealth Games, Selection/nomination appeals, Selection/nomination criteria: whether material on which could reasonably be based, Selection/nomination criteria: whether properly followed/implemented, Selection/nomination criteria: whether reasonable opportunity to satisfyOverview: Appeal against non selection for 2018 Commonwealth Games cycling team – Jason Christie (JC) contended CNZ’s nomination criteria not properly implemented or followed – JC not afforded reasonable opportunity to satisfy the applicable criteria – no material on which nomination decision could reasonably be based – JC’s results merited a place on team ahead of…
