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Michael Bias v Cycling New Zealand


Appeal against decision of NSO – non-selection – B appealed against decision of Cycling New Zealand to not select him for NZ men’s BMX team to compete at 2015 World Championships – whether Selection Regulations properly followed or implemented – B contended had better world ranking and better results at a number of events than another rider who was selected – Tribunal satisfied selectors took into account the rankings, even though not mandatory, and gave them appropriate weight – Selection Regulations required selectors to give priority to results in certain events – while B performed better in some events, evidence showed the other rider performed better in events that were required to be given priority under the Regulations – Tribunal not satisfied that selectors had not properly followed the Regulations – B also argued that because he is not a member of the High Performance (HP) Squad, he had not had the same opportunity as those in HP Squad to satisfy the criteria – Tribunal rejected this argument – evidence was that the overwhelming factor in selection was the results and performance data from the international and national events weighted in accordance with the priority set out in the Selection Regulations – information about the performance of riders in the HP squad and B available to Selection Panel – whether bias – Tribunal rejected that decision to not select B was affected by actual bias in favour of riders involved in the HP Squad and the head BMX coach’s involvement in the selection process – argument not supported by evidence – whether bias had affected the Selection Panel’s decision in relation to shoulder injury B suffered in training preventing him participating in a priority event – Tribunal concerned that selectors took the injury into account in their decision not to select him but did not make further inquiries into prognosis of the injury and concluded on the basis of their own, and the High Performance Director’s, knowledge of such injuries that he would be unlikely to be ready to race at the World Championships – however, although it would have been better to have sought further information on B’s medical position, Tribunal did not consider this as prejudging or otherwise constituting actual bias – appeal dismissed.

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