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Samantha Michael v New Zealand Federation of Roller Sports


Appeal against non selection for NZ team by NSO – no skaters selected for junior women’s team to compete in world championships – NSO acknowledged appellant best junior female speed skater in NZ but didn’t consider she was internationally competitive – selectors considered she hadn’t reached potential and had fitness problems – achieved top 10 finish in 2007 world championships but injured in 2008 and not achieved top 10 finish in world championships since then – number of appeal grounds dismissed including grounds alleging failure to provide written report, criteria applied differently between men and women and no material on which selection could reasonably be based – appeal upheld on ground selection criteria not properly followed or implemented in relation to determining her prospects of a top 10 finish and that selectors had not properly brought to account her potential at international level and senior rank – too great a focus had been placed on the 2007 top 10 result, and it not being repeated, without making sufficient allowance for the effect of injury and the recovery process – too much emphasis may also have been placed on one race, where she finished second to the New Zealand woman’s champion, in selectors concluding a lack of aggression in her skating – Tribunal also considered selectors had not adequately assessed her fitness in relation to World Championship prospects, particularly in light of her recent training – matter referred back to NSO for reconsideration in accordance with the selection criteria.

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