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Andrew Stroud v Motorcycling New Zealand


Appeal against decision of national sports organisation (NSO) – appellant appealed against being relegated (by race steward) and subsequently disqualified (by protest committee) for passing another rider under a yellow flag during motorcycle race – disqualification upheld by appeal committee of NSO – decision affected who would be NZ champion – Tribunal found evidence fell short of showing race marshall made a mistake in determining appellant passed under yellow flag – Tribunal also noted that in law it was only in limited circumstances that “field of play” decisions by officials such as referees or marshals can be overturned – procedural unfairness – Tribunal determined that despite best intentions, the processes of protest and appeal committees were procedurally defective and their decisions had to be quashed – appropriate penalty that steward should have imposed – interpretation of rules – Tribunal found that under Motorcycling’s Rules, the only applicable penalty that the steward could impose for a yellow flag infringement was exclusion (disqualification) – appeal against disqualification dismissed.

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