Selected highlights of amendments to the Rules of the Sports Tribunal
(31 August 2009)

• Amendment to Time Rules - See Rule 18(c)

This amendment makes express that Rule 18 (c) applies to the New Zealand Olympic Committee (NZOC) as well as national sporting organisations (NSOs). The Tribunal cannot alter time periods specified in the constitution or rules of the NZOC or NSOs, unless the parties agree to this.

• Amendments to rule concerning privacy - see Rule 25

These amendments are to make it clear that proceedings before the Tribunal are private and confidential, except in certain circumstances listed in this rule.

• New process for appeals against decisions denying the granting of a Therapeutic Use Exemption (TUE) - see Rules 36 and 37 and Forms 10 and 11

An athlete may be able to appeal to the Sports Tribunal against a decision of an organisation denying an athlete a therapeutic use exemption (TUE), depending on the relevant anti-doping policy or rules applying to the athlete.

Most NSOs in New Zealand have adopted the Sports Anti-Doping Rules (2009) as their anti-doping policy. Under those Rules, decisions of Drug Free Sport New Zealand denying therapeutic use exemptions, which are not reversed following a review by WADA, may be appealed to the Sports Tribunal. An athlete who wants to appeal such a decision to the Sports Tribunal has to be an athlete other than an “international-level athlete” (international-level athletes cannot appeal to the Tribunal and they need to instead appeal directly to the Court of Arbitration for Sport).

Rules 36 and 37 have been amended to allow for appeals against decisions denying the granting of a Therapeutic Use Exemption (TUE).

Two new Forms have been created to allow for these types of appeals:

Form 10 is the form an athlete uses to bring an appeal against the organisation (the respondent) that made the decision denying the athlete a therapeutic use exemption.

Form 11 is the form that the respondent uses to file its statement of defence (within seven working days).