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Melony Wealleans v Basketball New Zealand


Appeal against decision of national sporting organisation – natural justice, bias and ultra vires – national league basketball referee appealed against not being selected by Basketball NZ (BBNZ) for international referees’ clinic – Tribunal held it had jurisdiction to hear such appeals under constitution of BBNZ – appeal out of time – Tribunal prepared to exercise discretion to extend time limit to appeal provided appeal fell within specified appeal grounds such as breach of natural justice or ultra vires – Tribunal gave guidance on meanings of natural justice, bias and ultra vires – although appellant claimed bias and breach of natural justice, Tribunal held appellant really challenging non selection decision on its merits only and this did not fall within permissible appeal grounds – BBNZ not required to give reasons for such decisions – Tribunal declined to extend time period to appeal and appeal dismissed.

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