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Te Rina Taite v Swimming New Zealand Inc


Appeal against non-nomination for Olympics – relay swimmer’s team was not nominated – she appealed her non-nomination – appeal heard under urgency – jurisdiction – which rules or agreements applied as to when appeal against non-nomination needed to be filed – SNZ’s constitution did not set out time frame for filing non-nomination appeal and so appellant argued 28 days (time period specified in Tribunal rules for appeals to Tribunal when NSO’s rules don’t set out time period) was relevant time – however, the athlete application form for nomination/selection for Olympic Games (which appellant filled out and bound by) expressly states appeals must be exercised in accordance with Application Nomination and Selection Process agreement between NZOC and NSO – NZOC/NSO agreement states athletes wishing to appeal non-nomination by NSO must give written notice of appeal to CEO of NSO within 2 days of nomination date – Tribunal therefore held appellant had to appeal non-nomination to NSO within 2 days – Tribunal held while appellant had initial correspondence with NSO, she did not file a letter constituting her appeal with SNZ until after 2 day period expired and her appeal was time barred – appeal therefore dismissed – for benefit of parties, Tribunal also set out its views on substantive appeal arguments involving selection criteria and opportunity to meet selection criteria – while expressing some reservations, the Tribunal accepted selection criteria were followed and implemented – however, the Tribunal considered there were aspects of the process that SNZ could improve upon, including ensuring athletes understood well in advance requirements to qualify and better coordination as to best prospects of athletes achieving that.

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