Volley South v Volleyball NZ (ST08/26)

Appeal – volleyball – Volleyball NZ (VNZ) – appeal against procedural decisions made by VNZ during an investigation into Volley South – whether Tribunal has jurisdiction to hear the appeal – VNZ Constitution clauses mirror those in Sport NZ constitutional templates created for sport organisations – Tribunal finds it would be premature to intervene in the investigation under cl 18.18 – appeal right arises at the end of investigation and VNZ decision-making process – No final determination yet made re investigation; accordingly no jurisdiction arises yet – Second separate, though related, dispute arises via Volley South letters of complaint to VNZ Board Chair re VNZ delay and lack of communication – Inaction (or a non-decision or failure) by a sport organisation to exercise or fulfil a constitutional obligation can be treated as a reviewable ‘decision’ by the Tribunal – VNZ remedied those breaches and practical relief no longer available – appeal dismissed.