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Jack Halka v Bowls New Zealand


Appeal against decision of NSO – appeal rights – whether finding by wrong appeal body that it had no jurisdiction was final disposition of the one available appeal right – appellant (H) competed in championship bowls match at Club and protested about appointment of “junior bowler” as a marker and sought re-match – committee of club (BT) rejected protest – H incorrectly advised by NSO (BNZ) to appeal to regional body (BHB) instead of Judicial Committee of BT – Judicial Committee of BHB decided after hearing it didn’t have jurisdiction and that H’s only redress was with BT and that now exhausted – H appealed to Judicial Committee of BNZ who declined jurisdiction to hear appeal as considered only one appeal right and the BHB Judicial Committee decision was the final disposition of that one appeal right available – Tribunal agreed relevant rules only allow one right of appeal and that under the rules, a decision on appeal is final whether that decision is made by the “Judicial Committee” of a Club or of a Centre or of BNZ or by the Sports Tribunal – whether had been appeal – Tribunal considered that appeal had not actually been heard – would be curious if appellant led to the wrong appeal body and a finding of no jurisdiction is the disposition of the one appeal right – Tribunal considered that the BNZ Judicial Committee should have sent the matter back to the BT Judicial Committee where it properly lay – Tribunal ordered that appeal be sent back to the BT Judicial Committee to be heard – this was not to hear a second appeal as H’s appeal has not been heard at all – guidance given on the matters that should be considered.

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