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Harbour Raiders Volleyball Club v Volleyball New Zealand


Appeal against decision of NSO – Harbour Raiders Volleyball Club appealed against decision of Volleyball New Zealand (VNZ) declaring a player transfer null and void and stripping them of competition points – VNZ officials approved transfer of player from another club to Raiders and the player competed for Raiders in four matches before being transferred to a different club – another club complained about player representing the Raiders under a short term transfer – VNZ’s Matchplay Committee made recommendations that transfer be declared null and void – VNZ adopted recommendations and stripped the Raiders of competition points which were awarded to opposition teams – arguments by some parties that Raiders violated spirit of fair play as deviated from normal past practice in way transfer application made and who they approached at VNZ making it more likely to result in the transfer being approved when shouldn’t have been – also arguments that normal internal practices at VNZ not followed and not all of the usual officials were consulted, who may have objected to the transfer – however, nowhere in the Transfer Rules is this “normal” practice and procedure specifically set out or required – transfer was sought, granted by VNZ and publicised – Raiders entitled to rely upon that even if it turns out in retrospect that other people might have been involved who may have asked questions or taken a different view – applicable rules did not make their input essential – not open to VNZ to find fault with its own internal processes and visit the consequences upon Raiders – if there were problems in internal operation of transfer regime that does not make the decision “null and void” – appeal allowed and decision quashed.

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