The following are the summaries of the decisions of the Sports Disputes Tribunal of New Zealand, released 28th April 2006 and below them, available for download, are the full decisions and reasons for the decisions issued by the Sports Tribunal of New Zealand.

Simon Hunter v Kartsport New Zealand

The following is a summary of the decision of the Sports Disputes Tribunal of New Zealand in the case of Simon Hunter v Kartsport New Zealand Inc. (SDT/06/06). This is not the written decision of the Tribunal for the purposes of its rules.

The Sports Disputes Tribunal has allowed an appeal against a decision of Kartsport New Zealand by Simon Hunter, on the grounds of natural justice. The Tribunal has not considered the merits of the matter and the decision does not prevent Kartsport New Zealand re-looking at the matter.

The allegations against Mr Hunter arise from an incident after the prize-giving function for the 2005 South Island Championships. As a result of the alleged incident, a hearing by the Nelson branch of Kartsport was held but Mr Hunter was not told of this meeting or the allegations against him. That meeting purported to impose penalties.

The Nelson meeting referred the matter to Kartsport New Zealand with a recommendation that further penalties be imposed. Kartsport wrote to Mr Hunter advising him that there would be a hearing to consider these further penalties. That letter did not advise Mr Hunter of the charges against him but did state that the only evidence he could bring would relate to the penalties. Mr Hunter, through his lawyer, sought an adjournment which was not granted and the hearing proceeded in Mr Hunter’s absence.

Two charges were found proved against him and the following penalties were imposed:

• a fine of $500
• the cancellation of Mr Hunter’s competitor’s licence for six months and
• endorsement of the licence for a further 12 months.

After a preliminary jurisdictional hearing, the Tribunal concluded that the principles of natural justice had not been complied with:

• Mr Hunter was summonsed to a hearing without details of the charges against him being
   supplied
• he was told that the hearing was to consider penalty only and
• a reasonable request for an adjournment was not granted.

In these circumstances, he was denied natural justice. The Tribunal therefore allowed the appeal and quashed the penalties.

The following is a summary of the decision of the Sports Disputes Tribunal of New Zealand in the case of Cody McMaster v Kartsport New Zealand Inc. (SDT/07/06). This is not the written decision of the Tribunal for the purposes of its rules.

The Sports Disputes Tribunal has allowed an appeal against a decision of Kartsport New Zealand by Cody McMaster, on the grounds of natural justice. The Tribunal has not considered the merits of the matter and the decision does not prevent Kartsport New Zealand re-looking at the matter.

Mr McMaster participated at a race meeting in October 2005. The allegations against him arise from an incident occurring on a public road outside the meeting. As a result of the alleged incident, a panel of stewards held a meeting and found the charge proved. The stewards purported to impose penalties.

The stewards referred the matter to Kartsport New Zealand with a recommendation that further penalties be imposed. Kartsport wrote to Mr McMaster advising him that there would be a hearing to consider these further penalties. That letter did not advise Mr McMaster of the charges against him but did state that the only evidence he could bring would relate to the penalties. Mr McMaster, through his lawyer, sought an adjournment which was not granted and the hearing proceeded in Mr McMaster’s absence.

The charges were found proved against him and the following penalties were imposed:

• a fine of $1000
• the cancellation of Mr McMaster’s competitor’s licence for six months and
• endorsement of the licence for a further 12 months.

After a preliminary jurisdictional hearing, the Tribunal concluded that the principles of natural justice had not been complied with:

• Mr McMaster was summonsed to a hearing without details of the charges against him being
   supplied
• he was told that the hearing was to consider penalty only and
• a reasonable request for an adjournment was not granted.

In these circumstances, he was denied natural justice. The Tribunal therefore allowed the appeal and quashed the penalties.