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Katrine Lawton v Mountain Bike New Zealand


Appeal against non-selection for NZ Team – appellant selected for NZ squad but not subsequently selected for NZ team for world champs – selectors required to pick strongest team – selection criteria based on domestic and international results with international results given preference – appellant in strong position compared to some rivals at time squad selected – appellant subsequently chose to compete domestically and did well – however selectors considered some rival squad members, including some who competed internationally, had produced better results than appellant – selection criteria contained both objective and subjective elements – selectors had to weigh performances of riders competing in different events against different athletes in different parts of the world – not possible to do this without bringing in subjective elements as have to take into account various factors of different races – Tribunal not in a position to make subjective judgments that experienced selectors appointed to make and selectors entitled to make the assessment they did in this case – it could not be not be said that selection criteria were not properly followed or that there was no material on which the decision could have been made – appeal dismissed.

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