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Andrew Roy v Canoe Racing New Zealand


Appeal against decision of NSO – non-selection – A appealed against decision of Canoe Racing New Zealand (CRNZ) to not select him for the Under 23 K1 200 event at the World Championships – Tribunal concluded CRNZ’s decision not to select A did not conform with the Selection Policy that laid down the criteria for selection decisions – held that the Selection Terms of Reference (which the Tribunal said must be read together with the Policy) governed the processes which must be followed in making selection decisions but that they had not been properly followed and/or implemented – Tribunal also concluded A had not been afforded a reasonable opportunity to satisfy the requirements of the Policy – there were a number of breaches of the Terms of Reference including selectors failing to comply with: formal selector meeting requirements, formal voting requirements, timing requirements and the requirement to prepare a selectors report for the CRNZ Board giving reasons for their selection decisions including why A wasn’t selected – failure by CRNZ to ensure the Board, which was the ultimate decision maker, was aware of A’s non-selection and reasons for that recommendation so that the Board could ensure proper processes had been followed – Tribunal also found other aspects indicating Policy had not been followed by CRNZ and A not been given a reasonable opportunity to satisfy the selection criteria – Tribunal concluded that the assessment of Mr Roy’s performances and potential was too undisciplined and casual to be regarded as reliable – in particular that, contrary to the intention of the Policy, A’s disappointing performance in the 2015 National Championships, which had been hampered by weed obstructions in the water and inadequate regatta organisation in terms of times between events, had not been balanced against superior performance in other nominated selection events – Tribunal also thought A disadvantaged by being deprived of an opportunity to take part in the 2014 World Championships (another nominated selection event) and had been unfairly assessed for selection purposes in relation to alleged behaviour and character issues – Given these findings, Tribunal considered grounds of the appeal had been made out but thought that, contrary to the usual practice, the matter of A’s selection should not be sent back to CRNZ for reconsideration – Tribunal said that it is not a task that the selectors should properly be asked to undertake objectively and dispassionately or, on the facts of this case, can reasonably be expected to undertake without regard to their earlier views – Appeal allowed and order that A be selected for the K1 200 Event for the 2015 World Championships – Costs of $4000 awarded to appellant.

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