Anti–doping | Appeals |Other sports-related disputes

Pro-bono lawyer scheme

The Tribunal will follow a judicial process, but will conduct proceedings in an informal manner.

What sorts of Disputes does the Sports Tribunal hear and decide?

The types of disputes the Tribunal can hear and decide are set out in the Sports Anti-Doping Act 2006.  These include:

• Anti-doping violations.

• Appeals against decisions made by a National Sporting Organisation (NSO) or the New Zealand Olympic Committee (NZOC) - so long as the rules of the NSO or NZOC specifically allow for an appeal to the Tribunal in relation to that issue.  Such appeals could include:

• appeals against disciplinary decisions
• appeals against not being selected for a NZ team or squad.

• Other sports-related disputes that all the parties to the dispute agree to refer to the Tribunal and the Tribunal agrees to hear.
  
  
• Matters referred to the Tribunal by the board of SPARC.

Below is a description of the process in general for having a dispute resolved by the Tribunal. For specific details on the process and steps in particular type of disputes - choose from the following types of disputes:

• Anti-Doping
• Appeals against a decision of an NSO or NZOC
• Other sports-related disputes

How Disputes are determined - process for proceedings in general

The Tribunal will establish the facts of a dispute and provide each party with the opportunity to put its case and be present when the other party is stating its case. The Tribunal will take into account the individual circumstances, needs and reasonable wishes of the parties.

The process involves five steps.

Step 1: Application

An application form needs to be completed. (These can be downloaded from this website or contact the ‘Registrar’ at the Tribunal’s offices.)

There is an application form for each type of dispute. For example:

• anti-doping (Form 1)
• appeal against a decision of an NSO or NZOC (Form 3)
• other sports-related dispute referred by agreement (Form 9).

Each form outlines the information the Tribunal needs.

The form should then be sent to the Tribunal's office along with a payment of the ‘filing fee’.

Step 2: Advice of hearing

The Registrar informs everyone that the dispute is registered and advises of the next steps. The case is now called a ‘proceeding’.

Step 3: Pre-hearing proceedings

The chairperson will usually hold a pre-hearing discussion with all involved parties. This will usually be done through teleconferencing (by telephone).

Pre-hearing conferences are generally concerned with preliminary and/or procedural matters leading up to the hearing. The Chairperson can make any direction necessary for the just, speedy and inexpensive determination of the proceeding.  

In some cases, the Tribunal may suggest that the parties refer a dispute – except for anti-doping proceedings – to an alternative form of resolution such as mediation. The Tribunal is able to offer mediation assistance itself in appropriate cases.

Step 4: The hearing

The hearing is where a case is presented to the Tribunal. It follows the principles of ‘natural justice’, which means that all parties have a fair opportunity to understand the issues, to consider all the relevant material and to prepare and to present their evidence.

Hearings in anti-doping cases are confidential and not open to the public.  Hearings in other types of disputes will also usually be in private unless the Tribunal decides that there are exceptional circumstances making a public hearing appropriate or the parties agree to a public hearing.

The Tribunal will consider any evidence that it thinks is relevant and may require evidence to be provided on oath or affirmation. The Tribunal has wide powers to inspect and examine documents, and can require witnesses to attend hearings and produce documents or other material for examination. The proceedings are a form of inquiry and the Tribunal may conduct its own research to gain additional information and evidence.

Each party may be accompanied by a lawyer or another person as a representative, although parties do not have to have representatives. The Tribunal will ensure that all parties will have the opportunity to fairly put their case whether or not they have a representative. Any representation will be at the cost of each party. If a party is under the age of 18, the Tribunal may appoint a representative.

The Tribunal has initiated a pro-bono lawyer scheme where it keeps a list of contact details of experienced sports lawyers who are able to offer low cost or even free legal assistance.

The proceedings are conducted in English. If either party wishes to address the Tribunal in Mäori, or another language, the Tribunal must be advised in advance so translation can be arranged.

After all submissions and evidence are presented (whether orally or in writing), the Tribunal will confer privately in order to make a decision.

Step 5: The Tribunal decision

The Tribunal aims to make decisions that are not only fair and well reasoned, but also speedy and timely.  Some cases, such as appeals against not being selected for a New Zealand team, will often require urgency.  If appropriate, the Tribunal may make an oral decision at the end of the hearing. 

In some cases, the Tribunal will need further time to consider the matter and will “reserve” its decision.  This means it will let the parties know its decision at a later date. 

The Tribunal always releases a written decision, which includes an explanation of the reasons for the decision, to all the parties.