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O’Connor v Motorsport New Zealand


Appeal against decision of national sports organisation – appellant appealed against decision of Motorsport NZ (MNZ) not to grant homologation (ie approval) for a roll protection bar on his racing car – whether lifting eye (attached to roll bar and used to tow car) was part of the roll bar – MNZ refused homologation as considered lifting eye was part of roll bar and therefore had to withstand same stress minima that roll bar required to withstand and there were safety issues – appellant contended eye was not part of roll bar, it would depress in event of accident and this was not valid reason to refuse homologation – Tribunal held eye was not part of roll bar (in accordance with MNZ National Sporting Code) and homologation should have been granted – homologation appeal upheld – appellant also claimed he had been discriminated against by MNZ including delays by MNZ and that homologation granted to other cars with similar configurations – discrimination claim dismissed as no evidence of discrimination – Costs award made in favour of appellant.

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