Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831601531.pdf (New Zealand)
Reprint as at 30 July 2008 Sports Anti­Doping Act 2006 Public Act Date of assent Commencement 2006 No 58 7 November 2006 see section 2 Contents Title Commencement Part 1 Preliminary provisions Purposes of this Act Interpretation Act binds the Crown Part 2 Drug Free Sport New Zealand Subpart 1—Continuation and membership of Drug Free Sport NZ Drug Free Sport New Zealand continued Drug Free Sport NZ is Crown entity Drug Free Sport NZ must act independently Membership of Drug Free Sport NZ Page 4 4 4 5 5 6 6 6 6 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

The Sports Anti­Doping Act 2006 is administered by Sport and Recreation New Zealand.
1 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Eligibility for appointment as member of Drug Free Sport NZ Superannuation fund or retiring allowances Subpart 2—Functions and powers of Drug Free Sport NZ Functions of Drug Free Sport NZ Powers of Drug Free Sport NZ Charges for testing Performing Drug Free Sport NZ’s functions and exercising Drug Free Sport NZ’s powers Subpart 3—Rules Board must make rules Incorporation of material by reference in rules Effect of amendments to, or replacement of, material incorporated by reference in rules Proof of material incorporated by reference Effect of expiry of material incorporated by reference Method of making rules Public access to rules and material incorporated by reference Review of rules Acts and Regulations Publication Act 1989 not applicable Application of Regulations (Disallowance) Act 1989 Application of Standards Act 1988 not affected Subpart 4—Miscellaneous matters concerning Drug Free Sport NZ Recognising needs and privacy of athletes Sharing of evidence and information by Customs, police, and others Part 3 Sports Tribunal of New Zealand Subpart 1—Continuation and membership of Tribunal Sports Tribunal of New Zealand continued Membership of Tribunal Chairperson of Tribunal Deputy chairperson of Tribunal Eligibility for appointment as member of Tribunal Term of ofﬁce of members of Tribunal Termination of appointment of member of Tribunal Remuneration, allowances, and expenses of members Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 37 Members of Tribunal not personally liable Subpart 2—Jurisdiction and procedure 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Functions of Tribunal Procedure of Tribunal Evidence in proceedings before Tribunal Witness summons Service of summons Witnesses’ allowances Privileges and immunities Non­attendance or refusal to co­operate
 Contempt of Tribunal Costs Part 4 Transitional provisions, repeal, revocations, and consequential amendments General transitional provision Matters commenced under New Zealand Sports Drug Agency Act 1994 Transitional provisions for Drug Free Sport NZ Meaning of Agency Tests, proceedings, matters, issues, or things before Agency References to Agency Preparation and making of rules before 1 July 2007 Temporary additional functions of Drug Free Sport NZ Additional functions of Agency prior to 1 July 2007 Use of information and evidence gathered under section 53(1)(a) Transitional provisions for Tribunal Meaning of Sports Disputes Tribunal Issues, proceedings, matters, or things before Sports Disputes Tribunal References to Sports Disputes Tribunal Transitional remuneration of members of Tribunal Repeal, revocations, and consequential amendments New Zealand Sports Drug Agency Act 1994 repealed Regulations revoked 17 17 18 18 18 19 19 20 20 21 21 22 22 22 22 23 23 23 24 24 24 24 25 25 3 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Consequential amendments to other Acts Schedule 1 Regulations revoked Schedule 2 Consequential amendments to other Acts 25 26 27 Title This Act is the Sports Anti­Doping Act 2006.
Commencement Sections 52, 53, and 54 come into force on the day after the date on which this Act receives the Royal assent.

The rest of this Act comes into force on 1 July 2007.
Part 1 Preliminary provisions Purposes of this Act The purposes of this Act are to— (a) (ii) give effect to the Code in New Zealand in order to achieve the Code’s purposes of— (i) protecting athletes’ fundamental right to partici­ pate in doping­free sport and in this way promote health, fairness, and equality for athletes world­ wide; and ensuring harmonised, co­ordinated, and effect­ ive anti­doping programmes at an international and national level with regard to detection, de­ terrence, and prevention of doping; and continue Drug Free Sport NZ as an independent body charged with implementing the Code in New Zealand; and continue the Tribunal as an independent body charged with— (i) (ii) implementing the Code in New Zealand; and hearing, considering, and determining other sports­related matters.
(b) (c) s 1 61 1 2 (1) (2) 3 4 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 1 s 5 4 Interpretation In this Act, unless the context otherwise requires,— board means the board of Drug Free Sport NZ Code means the World Anti­Doping Code 2003 adopted by the World Anti­Doping Agency on 5 March 2003 at Copen­ hagen; and includes any amendments to the Code adopted by the World Anti­Doping Agency from time to time Drug Free Sport NZ means Drug Free Sport New Zealand, a Crown entity continued by section 6 and previously known as the New Zealand Sports Drug Agency Minister means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act national sporting organisation means a body that represents members involved in a particular type of sporting event or ac­ tivity in New Zealand and, if a national organisation does not exist for a sport, includes a local, regional, or other sporting organisation rules means the rules made under section 16 Tribunal means the Sports Tribunal of New Zealand con­ tinued by section 29 and previously known as the Sports Dis­ putes Tribunal of New Zealand World Anti­Doping Agency means the body founded by the International Olympic Committee and constituted as a foundation in Lausanne by an instrument of foundation signed on 10 November 1999, and named in that instrument as the Agence Mondiale Antidopage, World Anti­Doping Agency.
5 Act binds the Crown This Act binds the Crown.

5 Part 2 s 6 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Part 2 Drug Free Sport New Zealand Subpart 1—Continuation and membership of Drug Free Sport NZ 6 (1) Drug Free Sport New Zealand continued There continues to be an organisation to be called Drug Free Sport New Zealand.

(2) Drug Free Sport NZ is the same body as the New Zealand Sports Drug Agency established under the New Zealand Sports Drug Agency Act 1994.
(3) Drug Free Sport NZ continues under this Act with the func­ tions, powers, and duties speciﬁed in this Act, but otherwise without any change in its continuity, assets, rights, liabilities, contracts, or members.

Section 51 overrides subsection (3).

(4) Drug Free Sport NZ is Crown entity 7 (1) Drug Free Sport NZ is a Crown entity for the purposes of sec­ (2) 8 tion 7 of the Crown Entities Act 2004.
The Crown Entities Act 2004 applies to Drug Free Sport NZ except to the extent that this Act expressly provides otherwise.
Drug Free Sport NZ must act independently Except as expressly provided otherwise in this or any other Act, Drug Free Sport NZ must act independently in performing its statutory functions and duties and in exercising its statutory powers under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of Drug Free Sport NZ (other than the Crown Entities Act 2004).

Membership of Drug Free Sport NZ 9 (1) Drug Free Sport NZ consists of no more than 5 members.
(2) The members of Drug Free Sport NZ are the board for the purposes of the Crown Entities Act 2004.
6 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 2 s 11 10 Eligibility for appointment as member of Drug Free Sport NZ (1) When considering whether to recommend a person for ap­ pointment as a member of Drug Free Sport NZ, the Minister must have regard to the need to ensure that the membership in­ cludes a mix of knowledge and experience in matters relevant to the functions of Drug Free Sport NZ, including knowledge of and experience in 1 or more of the following: (a) (b) (c) This section does not limit section 29 of the Crown Entities Act 2004. law: sports medicine: sports participation and administration.
(2) 11 (1) Superannuation fund or retiring allowances For the purpose of providing a superannuation fund or retir­ ing allowances for any of its members, Drug Free Sport NZ may pay sums of money by way of a subsidy or a contribu­ tion into any superannuation scheme that is registered under the Superannuation Schemes Act 1989.
(3) (2) Any person who, immediately before becoming an employee of Drug Free Sport NZ, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Govern­ ment Superannuation Fund Act 1956 is deemed, for the pur­ poses of that Act, to be employed in the Government service so long as he or she continues to be an employee of Drug Free Sport NZ.
The Government Superannuation Fund Act 1956 applies to the person in all respects as if that person’s service as an employee of Drug Free Sport NZ is Government service.

Subsection (2) does not entitle a person to become a contribu­ tor to the Government Superannuation Fund if that person has ceased to be a contributor.

For the purpose of applying the Government Superannuation Fund Act 1956, Drug Free Sport NZ is the controlling author­ ity.
(4) (5) 7 Part 2 s 12 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Subpart 2—Functions and powers of Drug Free Sport NZ Functions of Drug Free Sport NZ The functions of Drug Free Sport NZ are to— (a) make rules in accordance with sections 16 to 23; and (b) do all things necessary to comply with and implement the rules; and do all things necessary to comply with and implement any Article of the Code that— (i) (ii) is not required to be reﬂected in the rules; but requires Drug Free Sport NZ to do something; and ensure New Zealand complies with all international agreements and arrangements concerning doping in sport to which New Zealand is a party; and test athletes who are not citizens or residents of New Zealand, and notify the test results, in accordance with bilateral or multilateral agreements entered into with foreign anti­doping organisa­ foreign governments, tions, or other signatories to the Code, and enter into reciprocal testing agreements in relation to athletes who are citizens or residents of New Zealand; and consult with, advise, and assist— (i) government departments, local authorities, Sport and Recreation New Zealand, the New Zealand national Olympic Committee sporting organisations, athletes, and other bodies or persons on any matters concerned with doping in sport, and related matters; and government and non­government organisations and other persons overseas, for the purpose of promoting the adoption of uniform international testing procedures for doping in sport; and advise the Minister on any matters related to doping in sport, and related matters; and generally take all steps necessary or desirable to achieve the purposes of this Act; and perform any other functions that— Incorporated, (ii) 12 8 (c) (d) (e) (f) (g) (h) (i) Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 2 s 15 (i) (ii) are conferred on Drug Free Sport NZ by this or any other enactment; or the Minister may direct in accordance with sec­ tion 112 of the Crown Entities Act 2004.
Powers of Drug Free Sport NZ 13 (1) Without limiting Drug Free Sport NZ’s powers under sec­ tions 16 and 17 of the Crown Entities Act 2004, it may— (a) (b) (c) take all steps necessary to comply with and implement the rules; and take all steps necessary to comply with and implement the Code in accordance with this Act; and subject to section 14, charge any fees, or impose any charges, that are reasonable in respect of the provision of services, information, or advice requested from Drug Free Sport NZ, other than information supplied to an athlete relating to the athlete.
(2) The amount or rate of a fee or charge must be reasonably re­ lated to the expenses incurred or to be incurred in relation to the provision of services, information, or advice to which the fee or charge relates.

Charges for testing 14 (1) Drug Free Sport NZ must not make any charge to a national sporting organisation for testing conducted under a testing pro­ gramme established under the rules.
(2) Drug Free Sport NZ may, at the request of a national sporting organisation, conduct testing not provided for under a testing programme established under the rules, and may charge the national sporting organisation fees for that testing.

If Drug Free Sport NZ conducts testing under subsection (2), athletes are entitled to the same rights to which athletes are entitled under a testing programme established under the rules.
(3) 15 Performing Drug Free Sport NZ’s functions and exercising Drug Free Sport NZ’s powers (1) Drug Free Sport NZ’s functions may be performed, and its powers may be exercised, within and outside New Zealand.

9 Part 2 s 16 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (2) Drug Free Sport NZ may perform any of its functions in co­op­ eration with any person, body, association, or organisation.
In the performance of its functions and the exercise of its powers, Drug Free Sport NZ must establish for its use, and for the use of its committees, procedures that— (a) (b) are appropriate and fair in the circumstances; and comply with the rules.

Subpart 3—Rules Board must make rules The board must make, and from the commencement of this section always have, rules.
The rules must implement the Code and, in particular, to the extent that the Code requires speciﬁed Articles of the Code to be incorporated into the rules without substantive changes (al­ lowing for necessary non­substantive editing changes in order to refer to things like sports, section numbers, and Drug Free Sport NZ’s name), must incorporate those Articles in that man­ ner.
In addition, the board may also make any other rules that are necessary or desirable to govern the practice and procedure of the board’s functions under section 12(c) to (i).

Before making a rule under this section, the board must give national sporting organisations, athletes, and the Privacy Com­ missioner a reasonable opportunity to comment on the pro­ posed rule.
Rules made under this section may authorise speciﬁed proced­ ures or matters of detail to be determined by Drug Free Sport NZ, and may not be challenged on the ground that they leave such matters to the discretion of Drug Free Sport NZ.
Incorporation of material by reference in rules The following written material may be incorporated by refer­ ence in the rules: (a) standards, requirements, or recommended practices of the World Anti­Doping Agency: the World Anti­Doping Agency’s International Stan­ dards: (b) (3) 16 (1) (2) (3) (4) (5) 17 (1) 10 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 2 s 21 (c) the World Anti­Doping Agency’s Models of Best Prac­ tice.
(2) Material may be incorporated by reference in the rules— in whole or in part; and (a) (b) with modiﬁcations, additions, or variations speciﬁed in the rules.

(3) Material incorporated by reference in the rules has effect as part of the rules.
18 Effect of amendments to, or replacement of, material incorporated by reference in rules An amendment to, or replacement of, material incorporated by reference in the rules (the principal rules) has effect as part of the principal rules only if rules made after the making of the principal rules state that the particular amendment or replacement has that effect.
Proof of material incorporated by reference 19 (1) A copy of material incorporated by reference in the rules, in­ cluding any amendment to, or replacement of, the material (material) must be— (a) certiﬁed as a correct copy of the material by the chief executive of Drug Free Sport NZ; and (b) retained by the chief executive of Drug Free Sport NZ.
The production in proceedings of a certiﬁed copy of the ma­ terial is, in the absence of evidence to the contrary, sufﬁcient evidence of the incorporation of the material in the rules.

Effect of expiry of material incorporated by reference Material incorporated by reference in the rules that expires or is revoked or ceases to have effect, ceases to have legal effect as part of the rules only if rules made under section 16 state that the material ceases to have legal effect.
21 Method of making rules (1) Rules may be made under section 16 by the chief executive of Drug Free Sport NZ publishing a notice in the Gazette that states the following: 11 (2) 20 Part 2 s 22 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (a) (b) (c) (d) (e) that Drug Free Sport NZ has made rules under sec­ tion 16; and if there is material incorporated by reference in the rules, a description of that material; and that the rules and the material are available for inspec­ tion during working hours, free of charge, and the lo­ cation of the place or places at which they can be in­ spected; and that copies of the rules and the material can be pur­ chased, and the location of the place or places at which they can be purchased; and if copies of the rules and the material are made available under section 22(1)(c), that the rules and the material are available in other ways, and details of where or how they can be accessed or obtained.
(2) The notice in the Gazette need not contain the rules or the material.

(3) A rule comes into force 28 days after the date on which it is notiﬁed in the Gazette or on any later date stated in the notice.
In this section and section 22, material means— (a) material incorporated by reference in the rules: (b) (4) any amendment to, or replacement of, that material that is incorporated in the rules or the material referred to in paragraph (a) with the amendments or replacement material incorporated: if the material referred to in paragraph (a) or (b) is not in an ofﬁcial New Zealand language, as well as the ma­ terial itself, an accurate translation of the material in an ofﬁcial New Zealand language.
(c) Public access to rules and material incorporated by reference The chief executive of Drug Free Sport NZ— (a) must make the rules and the material available for in­ spection during working hours, free of charge, at the head ofﬁce of Drug Free Sport NZ and at any other places that the chief executive determines are appropri­ ate; and 22 (1) 12 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 2 s 26 (b) must make copies of the rules and the material available for purchase at a reasonable price; and (c) may make copies of the rules and the material available in any other way that the chief executive considers ap­ propriate in the circumstances (for example, on an Inter­ net website).
(2) A failure to comply with this section does not invalidate the rules or the incorporation by reference of material in the rules.

23 (1) (2) 24 (1) (2) 25 (1) Review of rules The board must review the rules from time to time for the purpose of ensuring that they comply with this Act.

Sections 16 to 22 apply, with the necessary modiﬁcations, to the making of a new, amended, or revised rule.
Acts and Regulations Publication Act 1989 not applicable The rules are not regulations for the purposes of the Acts and Regulations Publication Act 1989.

The Acts and Regulations Publication Act 1989 does not ap­ ply to material incorporated by reference in the rules or to an amendment to, or replacement of, that material.

Application of Regulations (Disallowance) Act 1989 The rules are regulations for the purposes of the Regulations (Disallowance) Act 1989.
(2) Despite subsection (1), nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in the rules to be laid before the House of Repre­ sentatives.

26 Application of Standards Act 1988 not affected Sections 16 to 25 do not affect the application of sections 22 to 25 of the Standards Act 1988.
13 Part 2 s 27 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Subpart 4—Miscellaneous matters concerning Drug Free Sport NZ Recognising needs and privacy of athletes In the performance of its functions and the exercise of its powers, Drug Free Sport NZ must, to the extent that there is not an inconsistency with the rules, develop appropriate pro­ cedures to— (a) reﬂect the needs of athletes who are under the age of 18 years; and reﬂect the culture, language, disabilities, and other spe­ cial concerns of athletes; and protect athletes’ right to privacy.
(b) (c) Sharing of evidence and information by Customs, police, and others A member of the police, a Customs ofﬁcer, or any other person may provide evidence or information to Drug Free Sport NZ if that person believes that that evidence or information may assist Drug Free Sport NZ in complying with or implementing the rules.
Part 3 Sports Tribunal of New Zealand Subpart 1—Continuation and membership of Tribunal Sports Tribunal of New Zealand continued There continues to be a tribunal to be called the Sports Tribunal of New Zealand.

The Tribunal is the same body as the Sports Disputes Tribunal of New Zealand established by the board of Sport and Recre­ ation New Zealand under section 8(i) of the Sport and Recre­ ation New Zealand Act 2002.
The Tribunal continues under this Act with the functions, powers, and duties speciﬁed in this Act, but otherwise without any change in its continuity, assets, rights, liabilities, con­ tracts, or members.

Sections 57 and 58 override subsection (3).

27 28 29 (1) (2) (3) (4) 14 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 3 s 33 30 Membership of Tribunal (1) (2) (3) The Tribunal consists of at least 5, but no more than 9, mem­ bers.
Each member must be appointed by the Governor­General on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand.

In recommending a person for appointment as a member of the Tribunal, the Minister must have regard to the person’s personal attributes, qualiﬁcations, and skills.
(4) A member is not employed in the State services for the pur­ poses of the State Sector Act 1988 or the Government service for the purposes of the Government Superannuation Fund Act 1956 only because the person is a member of the Tribunal.

31 (1) (2) 32 (1) Chairperson of Tribunal The Governor­General, on the recommendation of the Minis­ ter made after consultation with the board of Sport and Recre­ ation New Zealand, must appoint one of the members as the chairperson of the Tribunal.
The chairperson must have signiﬁcant understanding, interest, or experience in sport and must be— (a) a retired judicial ofﬁcer who has held ofﬁce in a New Zealand court or statutory tribunal; or a senior barrister or solicitor of the High Court of New Zealand with not less than 7 years’ practice and who is of standing and repute within the legal profession.
(b) Deputy chairperson of Tribunal The Governor­General, on the recommendation of the Minis­ ter made after consultation with the board of Sport and Recre­ ation New Zealand, must appoint one or more of the members as a deputy chairperson of the Tribunal.

(2) A deputy chairperson must have the qualiﬁcations listed in section 33(1).
33 Eligibility for appointment as member of Tribunal (1) Other than the chairperson, at least 2 members of the Tribunal must— 15 Part 3 s 34 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (a) (b) be barristers or solicitors of the High Court of New Zealand with not less than 7 years’ practice; and have substantial experience in legal issues affecting sport, or substantial involvement in sport in some capacity.
(2) Other than the chairperson and members who have the qualiﬁ­ cations listed in subsection (1), a member of the Tribunal must have substantial experience in sport, in any capacity, over a minimum of a 10­year aggregate period.

34 (1) Term of ofﬁce of members of Tribunal Except as provided in section 35, a member of the Tribunal holds ofﬁce for a term not exceeding 5 years.

(2) A member of the Tribunal may— (3) (a) hold that ofﬁce concurrently with any other ofﬁce held by him or her; and be reappointed.
(b) If the term for which a member was appointed expires, that member, unless sooner vacating or removed from ofﬁce under section 35, may continue to hold ofﬁce, by virtue of the ap­ pointment for the term that has expired, until— (a) (b) that member is reappointed; or a successor to that member is appointed.

35 Termination of appointment of member of Tribunal (1) A member of the Tribunal may, at any time, resign his or her ofﬁce by giving notice in writing to that effect to the Minister.
(2) A member of the Tribunal is taken to have vacated his or her ofﬁce if he or she dies or is adjudged bankrupt under the Insolvency Act 2006.

(3) A member of the Tribunal may, at any time, be removed from ofﬁce by the Governor­General on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand for inability to perform the duties of ofﬁce, neglect of duty, or misconduct proved to the satisfaction of the Governor­General.
The powers of the Tribunal are not affected by any vacancy in its membership.

(4) 16 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 3 s 38 (2) Remuneration, allowances, and expenses of members 36 (1) A member of the Tribunal is entitled to receive remuneration for services as a member at a rate and of a kind determined by the Remuneration Authority in accordance with the Remuneration Authority Act 1977.
There may be paid out of public money to the members of the Tribunal travelling allowances and travelling expenses in ac­ cordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.

The Tribunal is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

Remuneration determined under subsection (1) must not in­ clude remuneration of the kind paid under subsection (2).
(4) (3) 37 Members of Tribunal not personally liable No member of the Tribunal is personally liable for any act done or omitted to be done by the Tribunal or any member of the Tribunal in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal.
Subpart 2—Jurisdiction and procedure 38 Functions of Tribunal The functions of the Tribunal are to— (a) (b) (c) do all things necessary to comply with and implement the rules; and subject to any other enactment, determine sports­related disputes if— (i) all parties to the dispute agree in writing to refer the dispute to the Tribunal; and the Tribunal agrees, at its sole discretion, to hear and determine the dispute; and (ii) subject to any other enactment, hear an appeal against a decision of a national sporting organisation or the New Zealand Olympic Committee Incorporated if the con­ stitution, rules, or regulations of that body speciﬁcally provide for an appeal to the Tribunal in relation to that matter; and 17 Part 3 s 39 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (d) (e) (f) consider any matter referred to it by the board of Sport and Recreation New Zealand; and generally take all steps necessary or desirable to achieve the purposes of this Act; and exercise and perform any other functions, powers, and duties that— (i) are conferred or imposed on the Tribunal by this or any other enactment; or are conferred or imposed on the Tribunal by the Minister.
(ii) 39 (1) Procedure of Tribunal Except as provided in this Act, the Tribunal may determine its own practices and procedures for performing the Tribunal’s functions under section 38(a) to (f).

(2) However, in determining its own practices and procedures, the Tribunal must ensure that it complies with and implements the rules, to the extent that the rules are applicable.
40 (1) (2) (3) (4) Evidence in proceedings before Tribunal The Tribunal may receive as evidence any statement, docu­ ment, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the same would be admissible in a court of law.

The Tribunal may take evidence on oath, and for that purpose any member or ofﬁcer of the Tribunal may administer an oath.
The Tribunal may permit a person appearing as a witness be­ fore it to give evidence by tendering a written statement and, if the Tribunal thinks ﬁt, verifying it by oath.

Subject to subsections (1) to (3), the Evidence Act 1908 ap­ plies to the Tribunal in the same manner as if the Tribunal were a court within the meaning of that Act.
41 Witness summons (1) The Tribunal may of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.
18 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 3 s 43 (2) (3) (d) The witness summons must state— (a) (b) (c) the place where the person is to attend; and the date and time when the person is to attend; and the papers, documents, records, or things that that per­ son is required to bring and produce to the Tribunal; and the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and the penalty for failing to attend.
(e) The power to issue a witness summons may be exercised by the Tribunal or the chairperson, or by any ofﬁcer of the Tri­ bunal purporting to act by the direction or with the authority of the Tribunal or the chairperson.

Service of summons 42 (1) A witness summons may be served— (a) (b) by delivering it personally to the person summoned; or by posting it by registered post addressed to the person summoned at that person’s usual place of residence.
(2) (3) The summons must,— (a) if it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is re­ quired; or if it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.

(b) If the summons is posted by registered post, it is deemed for the purposes of subsection (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post.
43 Witnesses’ allowances (1) Every witness attending before the Tribunal to give evidence pursuant to a summons is entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Summary Proceedings Act 1957, and those regulations apply accordingly.
19 Part 3 s 44 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (3) (2) On each occasion on which the Tribunal issues a summons under section 41, the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, must ﬁx an amount that, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, must be paid or tendered to the witness.
The amount ﬁxed under subsection (2) must be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be en­ titled according to the prescribed scales if the witness attends at the time and place speciﬁed in the summons.

If a party to the proceedings has requested the issue of the witness summons, then the fees, allowances, and travelling expenses payable to the witness must be paid by that party.
If the Tribunal has of its own motion issued the witness sum­ mons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses— (a) (b) form part of the costs of the proceedings; or be paid from money appropriated by Parliament for the purpose.

(4) (5) Privileges and immunities 44 (1) Witnesses appearing before the Tribunal have the same priv­ ileges and immunities as witnesses have in proceedings in a District Court.
Every counsel, agent, or other person appearing before the Tri­ bunal has the same privileges and immunities as counsel have in proceedings in a District Court.
(2) Non­attendance or refusal to co­operate Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, with­ out sufﬁcient cause,— (a) (b) fails to attend in accordance with the summons; or refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is 45 (1) 20 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 3 s 47 (2) lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or (c) fails to produce that paper, document, record, or thing.
Every person who commits an offence against subsection (1) is liable on summary conviction to a ﬁne not exceeding $1,500.

(3) No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless travelling expenses were tendered or paid to that person in accordance with section 43.
46 (1) Contempt of Tribunal Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $1,000 who— (a) threatens, intimidates, or intentionally insults the Tri­ bunal or any member of it or any special adviser to or ofﬁcer of the Tribunal, during a sitting of the Tribunal, or in going to, or returning from, any sitting; or intentionally interrupts the proceedings of the Tribunal or otherwise misbehaves while the Tribunal is sitting; or intentionally and without lawful excuse disobeys an order or direction of a member of the Tribunal in the course of any proceedings before the Tribunal.
(b) (c) (2) A member of the Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in that member’s opinion, constitutes an offence against sub­ section (1), whether or not that person is charged with the offence; and any member of the police may take the steps reasonably necessary to enforce that exclusion.

47 (1) Costs The Tribunal, in any proceedings before it under this Act, may make orders as to costs as it thinks ﬁt.
(2) An order as to costs may be ﬁled in a District Court and may be enforced as a judgment of that court.
21 Part 4 s 48 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Part 4 Transitional provisions, repeal, revocations, and consequential amendments General transitional provision 48 Matters commenced under New Zealand Sports Drug Agency Act 1994 All matters to which the New Zealand Sports Drug Agency Act 1994 applied that have been commenced before 1 July 2007, and not been completed before 1 July 2007, are to be continued and completed as if this Act had not been enacted.
Transitional provisions for Drug Free Sport NZ 49 Meaning of Agency In this Part, Agency means the New Zealand Sports Drug Agency established under the New Zealand Sports Drug Agency Act 1994.
Tests, proceedings, matters, issues, or things before Agency Any test, proceeding, matter, issue, or thing before or with, or being considered or dealt with by, the Agency before 1 July 2007 must be dealt with by Drug Free Sport NZ under the New Zealand Sports Drug Agency Act 1994, whether or not any action was taken in relation to the test, proceeding, matter, issue, or thing before 1 July 2007, as if this Act had not been enacted.
References to Agency From 30 June 2007, unless the context otherwise requires, every reference to the Agency in any contract or other instru­ ment, document, or notice must be read as a reference to Drug Free Sport NZ.

50 51 22 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 4 s 54 52 (1) Preparation and making of rules before 1 July 2007 The Agency may, prior to 1 July 2007, prepare and make the rules in accordance with sections 16 to 22 as if those sections were in force.
(2) However, the rules must not take effect before 1 July 2007.

(3) Anything done by the Agency before the commencement of sections 16 to 22 is valid and effective if, had it been done after the commencement of those sections, it would have been done in accordance with those sections.

This section does not limit section 11 of the Interpretation Act 1999.
(4) Temporary additional functions of Drug Free Sport NZ 53 (1) (2) (3) 54 (1) (b) Additional functions of Agency prior to 1 July 2007 From the day on which this section comes into force until 1 July 2007, the Agency’s functions are extended to include the following: (a) investigating potential violations of Articles 2.2, 2.4, 2.5, 2.6, 2.7, and 2.8 of the Code; and providing evidence of a potential violation of Art­ icles 2.2, 2.4, 2.5, 2.6, 2.7, or 2.8 of the Code to a national sporting organisation or any anti­doping organisation if the Agency considers this to be the appropriate course of action in the circumstances.
The Agency must perform its additional functions in accord­ ance with the Code and the World Anti­Doping Agency’s International Standards, Models of Best Practice, and its other standards, requirements, and recommended practices.

The functions set out in subsection (1) are in addition to the functions of the Agency set out in section 6 of the New Zealand Sports Drug Agency Act 1994.
Use of information and evidence gathered under section 53(1)(a) Information and evidence gathered by the Agency under sec­ tion 53(1)(a) may be used— 23 Part 4 s 55 Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 (a) (b) by the Agency before 1 July 2007 in order to prove a breach of the Code; or by Drug Free Sport NZ on or after 1 July 2007 in order to prove, pursuant to this Act and the rules, a breach of the Code.
(2) However, subsection (1)(b) only applies if, had that informa­ tion and evidence been gathered by Drug Free Sport NZ on or after 1 July 2007, it would have been gathered in accordance with the requirements of this Act and the rules.

Subsection (1)(b) overrides sections 48 and 50.


(3) Transitional provisions for Tribunal 55 Meaning of Sports Disputes Tribunal In this Part, Sports Disputes Tribunal means the tribunal es­ tablished by the board of Sport and Recreation New Zealand under section 8(i) of the Sport and Recreation New Zealand Act 2002 and known as the Sports Disputes Tribunal of New Zealand.
Issues, proceedings, matters, or things before Sports Disputes Tribunal Any issue, proceeding, matter, or thing before or registered with, or being considered or dealt with by, the Sports Disputes Tribunal before 1 July 2007 must be dealt with by the Tribunal, whether or not any action was taken in relation to the issue, proceeding, matter, or thing before 1 July 2007, as if this Act had not been enacted.
References to Sports Disputes Tribunal From 30 June 2007, unless the context otherwise requires, every reference to the Sports Disputes Tribunal in any con­ tract or other instrument, document, or notice must be read as a reference to the Tribunal.
Transitional remuneration of members of Tribunal A person who, at 1 July 2007, is a member of the Sports Dis­ putes Tribunal— 56 57 58 24 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Part 4 s 61 (a) (b) continues as a member of the Tribunal in accordance with that person’s contract of employment or notice of appointment; and until a determination made in accordance with sec­ tion 36(1) is given effect, continues to be remunerated in accordance with that contract or notice.
Repeal, revocations, and consequential amendments New Zealand Sports Drug Agency Act 1994 repealed The New Zealand Sports Drug Agency Act 1994 is repealed.

Regulations revoked The regulations speciﬁed in Schedule 1 are revoked.

Consequential amendments to other Acts The Acts speciﬁed in Schedule 2 are amended in the manner indicated in that schedule.
59 60 61 25 Schedule 1 Sports Anti­Doping Act 2006 Schedule 1 Regulations revoked Reprinted as at 30 July 2008 s 60 New Zealand Sports Drug Agency Act Commencement Order 1994 (SR 1994/285) New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 (SR 2001/27) Sports Drug (Urine Testing) Regulations 1994 (SR 1994/286) 26 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Schedule 2 Schedule 2 Consequential amendments to other Acts s 61 Crown Entities Act 2004 (2004 No 115) Part 3 of Schedule 1: omit “New Zealand Sports Drug Agency”.
Part 3 of Schedule 1: insert “Drug Free Sport New Zealand” after “Commerce Commission”.

Ombudsmen Act 1975 (1975 No 9) Part 2 of Schedule 1: omit “The New Zealand Sports Drug Agency”.

Part 2 of Schedule 1: insert “Drug Free Sport New Zealand” after “District health boards”.

Remuneration Authority Act 1977 (1977 No 110) Schedule 4: omit “The members of the New Zealand Sports Drug Agency”.

Schedule 4: insert “The members of Drug Free Sport New Zealand” after “The Chief Community Magistrate”.
Schedule 4: Zealand” after “The Retirement Commissioner”.

insert “The members of the Sports Tribunal of New 27 Notes Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent ﬁrst) General This is a reprint of the Sports Anti­Doping Act 2006.
The reprint incorporates all the amendments to the Sports Anti­Doping Act 2006 as at 30 July 2008, as speciﬁed in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the ofﬁcial volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.

not included followed are the For example, and in Acts, revoked are omitted.
5 Notes 1 2 3 28 Reprinted as at 30 July 2008 Sports Anti­Doping Act 2006 Notes see For a detailed list of http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reﬂects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of deﬁnitions (eg, the deﬁned term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 29 • • • • Notes Sports Anti­Doping Act 2006 Reprinted as at 30 July 2008 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after deﬁnitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross­references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the ﬁrst word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross­references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two­column schedules of consequential they rather than repeals (eg, List of amendments incorporated in this reprint (most recent ﬁrst) Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 5 12 30