PART X – Inquiries and Judicial Hearings
Note: Text changes from the previous issue of this Schedule are highlighted such. Text changes for grammatical and/or formatting reasons are not highlighted.
Inquiries and Judicial Hearings:
Specialist Drug or Doping Issue Hearings: Notwithstanding all other provisions of this Part X, if a report is received from Drug Free Sport New Zealand (or any other authorised Anti-Doping Agency recognised by MotorSport NZ) alleging drug use or doping in relation to any event or involving any party at any motorsport event under the Authority of MotorSport NZ (a “Drug/Doping Report”) then:
the provisions of Article 118(3)(b) and 118(3)(c) of this Code, and not the other Articles in this Part X, shall apply in relation to:
the Chief Executive Officer, MotorSport NZ staff (under the direction of the Chief Executive Officer) and the members of the Board may provide whatever assistance and take any steps the Sports Tribunal of New Zealand (or other authorised Anti-Doping tribunal or other body) reasonably requires, provided that the party providing such assistance:
Applications, Requests and Complaints that may be considered under Part X:
Note: Grounds which could be considered special circumstances for these purposes include (without limitation) if the application, request or complaint is:
Time-frames, and extended or shortened time-frames under Part X:
Note: Grounds which could be considered special circumstances for these purposes include (without limitation):
In relation to an extension of the time for making an application or request:
Extending Part X time-frames in exceptional circumstances: Any time-frame under this Part X may be extended as the Chief Executive Officer sees fit, provided that the Chief Executive Officer is satisfied in their sole discretion that:
The adjusted time frame(s) allow for a reasonable time for each step in the process, relative to the time allowed for other steps, and provide for the Part X process (including any decision of a Judicial Hearing) to be completed in:
Shortening Part X time-frames in exceptional circumstances: Any time-frames under this Part X may be shortened as the Chief Executive Officer sees fit, provided that the Chief Executive Officer is satisfied in their sole discretion that:
The Part X process will or may materially impact on the result(s) of an event, Series or Championship, and:
Inquiries , and Inquiry Review Decisions as to whether to Convene a Judicial Hearing:
Commencing an Inquiry: Following receipt of an application or request in accordance with Article 119 of this Code, and subject to Article 121(3) of this Code, MotorSport New Zealand through its Chief Executive Officer shall in accordance with this Article 121 of this Code:
Judicial Hearing Criteria: For the purposes of this Article 121 the following shall be the criteria that shall be considered by any Inquiry and any Inquiry Review when assessing whether to convene a Judicial Hearing (the “Judicial Hearing Criteria”):
Inquiry Review Panel:
Time-frames regarding Judicial Hearing: Within twenty eight (28) days of the completion of the Inquiry Review at which the Inquiry Review Panel made its decision to convene a Judicial Hearing the Chief Executive Officer shall:
Notice of the Decision Whether to Hold a Judicial Hearing: The Chief Executive Officer shall give notice of the Inquiry Review Panel’s Decision Whether to hold a Judicial Hearing (once finalised in writing and approved) as follows:
Judicial Hearings:
Convening a Judicial Hearing:
A Judicial Committee will comprise a Chairperson and not less than two(2) other persons appointed by the Chief Executive Officer at their sole discretion in accordance with this Article 122(1):
having regard to:
A Judicial Committee appointed to hear an anti-doping matter will comprise a Chairperson and not less than two(2) other persons appointed by the Chief Executive Officer in accordance with Article 122(1)(b), except that:
MotorSport NZ shall give all persons, firms and bodies corporate concerned or interested in the Judicial Hearing (including but not limited to the party that made any application or request):
Judicial Hearing Grounds: Subject to the balance of this Article 122:
The grounds that may be considered by the Judicial Committee at any Judicial Hearing (the “Judicial Committee Grounds”) are as follows:
The Judicial Hearing procedure/process:
If the matter into which the Judicial Hearing inquires is or becomes of a disciplinary nature, or a matter in respect of which the Judicial Committee considers a sanction or penalty under this Code may apply:
then the Judicial Hearing shall proceed as follows
The Decision at the Judicial Hearing: The Judicial Committee shall reach a decision at the Judicial Hearing in relation to:
whether there has been a breach under this Code or its Appendices or Schedules, which falls within its jurisdiction, in which case it may:
Notice of the Judicial Committee Decision shall be given:
Time-frames regarding Judicial Hearing Decision: