New Zealand Sports Drug Agency Act 1994

1: Short Title and commencement
1: This Act may be cited as the New Zealand Sports Drug Agency Act 1994.
2: This Act shall come into force on a date to be fixed by Order in Council. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
1: Preliminary
This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
2: Interpretation
1: In this Act, unless the context otherwise requires,— Agency section 4 Annual testing programme section 6(1)(c) Board Competitor
a: Is a New Zealand citizen; or
b: Is present in New Zealand; or
c: Is competing for New Zealand; or
d: Consents to be tested at the request of the Agency: Determination section 14 section 16B section 22 Determination: this definition was amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Doping infraction section 16B Doping infraction: this definition was amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16(1) of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Doping method section 6(1)(a) Drugs section 6(1)(a) Executive Director Executive Director: this definition was repealed 25 January 2005 200 Crown Entities Act 2004 Foreign anti-doping body
a: An organisation established in a foreign country for the purpose of discouraging or eliminating the use of drugs or doping methods in sport; or
b: A laboratory in a foreign country; or
c: An international sporting federation; or
d: A foreign national sporting federation or foreign national sporting organisation: Foreign country Foreign government sports organisation Further testing second testing second test Hillary Commission Hillary Commission: this definition was repealed 1 January 2002 62 Sport and Recreation New Zealand Act 2002 See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002 Initial testing initial test International Olympic Committee Laboratory section 6(1)(b) Minister National sporting organisation New Zealand citizen Citizenship Act 1977 Citizenship (Western Samoa) Act 1982 Positive test result
a: The testing reveals the presence of a drug in the sample or the use of a doping method by the competitor, being a drug or doping method that is included in the schedule maintained by the Agency under section 6(1)(a)
b: Where the schedule sets out a permitted level in relation to that drug or doping method, the testing reveals that the permitted level has been exceeded: Register section 17 Regulations Sample Scheduled drug or doping method section 6(1)(a) Specified athlete Sport and Recreation New Zealand a Crown entity Sport and Recreation New Zealand: this definition was inserted 1 January 2002 62 Sport and Recreation New Zealand Act 2002 See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002 Sport and Recreation New Zealand: this definition was amended 25 January 2005 200 Crown Entities Act 2004 by substituting the words a Crown entity an agency Test result Working day
a: A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and
b: A day in the period commencing on the 20th day of December in any year and ending with the 15th day of January in the following year. World Anti-Doping Agency World Anti-Doping Agency: this definition was inserted 12 April 2001 3 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
2: A reference in this Act to the use of drugs includes a reference to the use of doping methods. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
3: Purpose and principles
1: The purpose of this Act is to establish an independent agency to—
a: Oversee sports drug testing of competitors within and outside New Zealand; and
b: Implement sports drug sampling and testing measures substantially in accordance with internationally recognised practices; and
c: Provide education on the use of drugs and doping methods in sport.
2: To achieve the purpose of this Act, regard shall be given to the need to—
a: Encourage the practice of sport free from the use of drugs in a manner consistent with the objectives of protecting—
i: The health of competitors; and
ii: The values of fair play and competition; and
iii: The rights of those who take part in sport:
b: Encourage the development of programmes to educate the sporting community and the community at large about the dangers of using drugs in sport:
c: Provide leadership in the development of a national strategy concerning the use of drugs in sport:
d: Develop drug sampling and testing programmes that expose competitors to sampling and drug testing:
e: Encourage national sporting organisations to participate in the development of the annual testing programme with the Agency:
f: Encourage the development and maintenance of drug testing laboratories accredited by the International Olympic Committee or the World Anti-Doping Agency
g: Promote and encourage the adoption, at an international level, of uniform sampling and drug testing and disciplinary procedures, and of educational programmes relating to the use of drugs in sport. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (2)(f) amended 12 April 2001 4 New Zealand Sports Drug Agency Amendment Act 2000 by inserting the words or the World Anti-Doping Agency See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
2: Establishment and functions of New Zealand Sports Drug Agency
This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
4: New Zealand Sports Drug Agency
1: There is hereby established an Agency to be known as the New Zealand Sports Drug Agency.
2: The Agency is a Crown entity for the purposes of section 7 Crown Entities Act 2004
3: The Crown Entities Act 2004
4:
5: The provisions of the Schedule to this Act shall have effect as to the constitution and operation of the Agency and as to the other matters set out in that Schedule in addition to the provisions of the Crown Entities Act 2004 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsections (2) (3) substituted 25 January 2005 200 Crown Entities Act 2004 Subsection (4) repealed 25 January 2005 200 Crown Entities Act 2004 Subsection (5) amended 25 January 2005 200 Crown Entities Act 2004 by inserting the words in addition to the provisions of the Crown Entities Act 2004
5: Membership of Board of Agency
1: The Board of the Agency shall consist of not more than 5 members
2: When considering whether to recommend a person for appointment
a: Law; and
b: Sports medicine; and
c: Sports participation and administration.
3: Subsection (2) section 29 Crown Entities Act 2004 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1) amended 25 January 2005 200 Crown Entities Act 2004 by omitting the words appointed by the Minister, one of whom shall be appointed chairperson of the Board Subsection (2) amended 25 January 2005 200 Crown Entities Act 2004 by substituting the words to recommend a person for appointment a person is suitable to be appointed Subsection (3) inserted 25 January 2005 200 Crown Entities Act 2004
6: Functions of Agency
1: The Agency shall have the following functions under this Act:
a: preparing, maintaining, and disseminating a schedule of—
i: drugs and doping methods that are banned for the purposes of this Act; and
ii: drugs and doping methods that are banned for the purposes of this Act except at specified permitted levels (including levels defined relative to levels of other substances); and
iii: circumstances in which specified drugs or doping methods, or levels of drugs or doping methods, that are otherwise banned for the purposes of this Act, are not banned; and
iv: evidence that the Board will accept as establishing the existence of circumstances described in subparagraph (iii)
b: Preparing and maintaining a list of the laboratories accredited by the International Olympic Committee or the World Anti-Doping Agency
c: In consultation with national sporting organisations, developing an annual testing programme which, for out-of-competition testing, identifies the competitors or the number of, or classes of, competitors, liable for testing and for in-competition testing, identifies the sporting events, competitions, and activities at which testing may be carried out:
d: Selecting competitors included in the annual testing programme to provide samples for testing, testing those competitors, and notifying the results:
e: Selecting other competitors to provide samples for testing, testing those competitors, and notifying the results:
f: Testing specified athletes and notifying the test results following sampling requests made under contracts or arrangements entered into under section 25
fa: collecting evidence in accordance with any procedures specified in the schedule under paragraph (a)(iv)
g: Establishing and maintaining a Sports Drug Register and notifying competitors and national sporting organisations of entries made in the Register:
h: Disseminating information about—
i: Action that is likely to be taken if competitors record positive test results or fail to comply with requests to provide samples for testing; and
ii: Testing procedures adopted by the Agency:
i: Making determinations regarding requests for the provision of samples and in respect of test results from samples from competitors:
j: Notifying competitors and national sporting organisations of determinations made by the Agency:
k: Developing and implementing educational programmes to discourage the use of drugs in sport, and related matters:
l: Collecting and disseminating information about the use of drugs in sport, and related matters:
m: Consulting with, advising, and assisting Government departments, local authorities, national sporting organisations, and other bodies or persons on any matters concerned with the use of drugs in sport, and related matters:
n: Consulting with, advising, and assisting Government and non-Government organisations and other persons overseas, for the purpose of promoting the adoption of uniform international drug-testing procedures:
o: Taking steps aimed at ensuring New Zealand's compliance with international agreements and arrangements to which New Zealand is a party, concerning the use of scheduled drugs and doping methods in sport:
p: Establishing an information service that identifies—
i: The problems associated with the misuse of drugs in sport; and
ii: Alternative ways of improving sports performance without the use of drugs:
q: Advising the Minister on any matters related to the use of drugs in sport, and related matters:
r: Generally taking all such steps as may be necessary or desirable to achieve the purpose of this Act:
s: Such other functions as are conferred on the Agency by this Act or any other Act.
2: In the exercise of its functions and powers, the Agency shall establish for its use, and for the use of its committees, procedures that are appropriate and fair in the circumstances, and shall comply with the principles of natural justice.
3: Except as expressly provided otherwise in this or any other Act, the Agency must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers or duties of the Agency (other than the Crown Entities Act 2004 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1)(a) substituted 12 April 2001 5(1) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (1)(b) amended 12 April 2001 5(2) New Zealand Sports Drug Agency Amendment Act 2000 by inserting the words or the World Anti-Doping Agency Committee See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (1)(fa) inserted 12 April 2001 5(3) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (3) inserted 25 January 2005 200 Crown Entities Act 2004
6A: Review of schedule
The Agency must from time to time review the contents of the schedule maintained under section 6(1)(a) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Section 6A inserted 12 April 2001 6 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
7: Powers of Agency
1:
2:
3: Subject to section 8
4: The amount or rate of a fee or charge shall be reasonably related 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.
5: The Agency's powers may be exercised within and outside New Zealand.
6: This section does not limit sections 16 17 Crown Entities Act 2004 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsections (1) (2) repealed 25 January 2005 200 Crown Entities Act 2004 Subsection (6) inserted 25 January 2005 200 Crown Entities Act 2004
8: Charges for testing
1: The Agency shall not make any charge to a national sporting organisation for testing conducted under the annual testing programme.
2: The Agency may, at the request of a national sporting organisation, conduct testing not provided for under the annual testing programme, and may charge the national sporting organisation fees for such testing.
3: Where the Agency conducts testing under subsection (2) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
9: Recognising the needs and privacy of competitors
In performing and exercising its functions and powers under this Act, the Agency shall develop appropriate procedures to—
a: Reflect the needs of competitors who are under the age of 18 years and the cultural, language, disabilities, and other special concerns of competitors; and
b: Protect the right to privacy of competitors. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
3: Taking, testing, and notification of results of samples
This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Taking of samples
10: Providing a sample
The Agency may require a competitor to provide a sample for analysis in the manner provided for by regulations for the purpose of detecting the presence or otherwise of a scheduled drug or doping method. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
11: Requirements of regulations in regards to tests
Subject to this Act, a sample provided by a competitor must be dealt with in accordance with the requirements of the regulations. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Section 11 substituted 12 April 2001 7 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
12: Sampling for purposes of Act only
1: The Agency shall not request, or collect, a sample from a competitor for any purpose other than to enable the testing of the sample to determine the presence or otherwise of scheduled drugs or doping methods.
2: Nothing in this Act shall be taken to imply that a person becomes subject to any criminal or civil liability because that person has failed to comply with a request to provide a sample.
3: A sample or a test result provided for the Agency, or any determination made by the Agency, shall not be admissible as evidence in any criminal proceedings against the competitor from whom any sample has been taken.
4: The Agency shall require the laboratory to discard samples sent to it by the Agency following the completion of testing and notification of the results to the Agency. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Failure to provide sample
13: Action following failure to provide a sample
1: Where it appears to the Agency that a competitor has failed to comply with a request to provide a sample in the manner provided for by regulations, the Agency shall give to the competitor a notice in the prescribed form stating—
a: That the competitor has failed to comply with such a request; and
b: That the competitor may, before 5.00pm on the 5th working day following notification, advise the Agency in writing of the grounds on which the competitor had reasonable cause for failing to comply with the request.
2: For the purposes of this Act, a competitor must not be taken to have failed to comply with a request to provide a sample unless the competitor was notified in the manner required by the regulations of the requirement that he or she provide the sample. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (2) substituted 12 April 2001 8 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
14: Determination by Board of Agency on failure to provide a sample
1: The Board of the Agency shall determine whether or not the competitor had reasonable cause for failing to comply with a request to provide a sample within a period of 7 days after receiving advice from the competitor in accordance with section 13(1)(b)
2: In making its determination the Board must take into consideration—
a: the nature and effect of any departure by any person from the procedures in the regulations; and
b: any submissions made by or on behalf of the competitor.
3: Where the Board makes a determination that the competitor did not have reasonable cause to fail to provide a sample, the Agency shall enter the determination on the Register in accordance with section 17(2)
4: Where the Board makes a determination that the competitor had reasonable cause for failing to provide a sample, the Agency shall give written notification to the competitor in the prescribed form.
5: Subject to sections 20 to 23 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (2) substituted 12 April 2001 9 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Positive and negative test results This heading substituted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 Testing of Samples See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
15: Determination by Board as to whether specified circumstances exist
1: This section applies to a competitor who has, after the initial testing of the sample, returned a positive test result for a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
2: The Board must determine under subsection (3)
3: The Board must determine that it is established that the circumstances existed at the time the competitor was tested if either—
a: the evidence specified in the schedule under section 6(1)(a)(iv)
b: the schedule specifies other evidence under section 6(1)(a)(iv)
4: Where the Board determines that it is established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result is, for the purposes of this Act, a negative test result returned after the initial testing of the sample.
5: Where the Board determines that it is not established that the specified circumstances existed in the competitor's case at the time the competitor was tested, the competitor's test result remains a positive test result returned after the initial testing of the sample for the purposes of this Act. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 15 16 heading Positive and negative test results substituted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16: Notification of negative test result
Where a competitor returns a negative test result after the initial testing of the sample, the Agency must, as soon as practicable, give written notification of that result, in the prescribed form, to the competitor and to the national sporting organisation or organisations concerned. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 15 16 heading Positive and negative test results substituted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16A: Notification of positive test result
Where a competitor returns a positive test result after the initial testing of the sample, the Agency must, as soon as practicable, give the competitor written notification in the prescribed form stating—
a: the result of the test; and
b: that further testing of the sample will be conducted by a laboratory within 4 working days after service of the notice; and
c: that the competitor may attend or have a representative attend this further testing of the sample, the attendance to be at the expense of the competitor; and
d: that if the competitor does not notify the Agency that the competitor seeks attendance or representation under paragraph (c)
e: that the competitor may, by 5 pm on the 5th working day following service of the notice, advise the Agency in writing of any matters which the competitor considers the Board of the Agency, before making a determination, should take into consideration under section 16D(a)
f: that the competitor or the competitor's representative may advise the Agency in writing of any matters concerning the second testing that it is considered the Board should take into consideration under section 16D(a)
g: if the positive test result is in respect of a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: the nature of those circumstances; and
ii: the nature of the evidence specified in the schedule under section 6(1)(a)(iv This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16B: Determination by Board on positive test result
1: Where the initial testing of a sample has returned a positive test result, the Board must determine whether or not the competitor has committed a doping infraction.
2: The Board must make its determination within the time limit set out in section 16C
3: When the Board is making its determination, it must take into consideration the matters set out in section 16D
4: The Board must determine that the competitor has not committed a doping infraction if it is satisfied of 1 or more of the matters set out in section 16E
5: Subject to sections 20 23 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16C: Time limits
1: The Board must make its determination under section 16B subsection (2) (3)
2: The Board must make its determination within 7 days after the completion of the procedures where—
a: the initial testing of a sample returns a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
b: the schedule specifies procedures for the collection or interpretation, or both, of evidence in relation to the specified circumstances and the procedures require or allow the completion of the procedures after the second testing of the sample.
3: In any other case the Board must make its determination,—
a: if advice is received in accordance with both paragraphs (e) (f) 16A(f) section 16A(f)
b: if advice is received in accordance with section 16A(e) section 16A(f) section 16A(f)
c: if advice is not supplied in accordance with either paragraph (e) (f) section 16A This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16D: Matters to be taken into consideration
When the Board is making its determination under section 16B
a: take into consideration any submissions made by or on behalf of the competitor; and
b: take into consideration whether the second testing confirmed the initial test result; and
c: where the initial testing of a sample produced a positive test result in respect of a drug or doping method, or level of drug or doping method, that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
i: any evidence specified in the schedule under section 6(1)(a)(iv)
ii: whether the evidence in subparagraph (i) section 6(1)(a)(iv)
iii: any other relevant evidence available to the Board; and
iv: any advice on the interpretation of the evidence in subparagraph (i) (iii) clause 12(3) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16E: Matters Board to be satisfied of
The matters referred to in section 16B(4)
a: the second testing of the sample has not supported the initial test result; or
b: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
c: the sample was not tested by a laboratory; or
d: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
e: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by any failure of the Agency or the laboratory to comply with the requirements of this Act or the regulations in any respect other than one described in paragraph (c) (d)
f: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of paragraphs (c) to (e) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
16F: Board's actions following determination on positive test result
1: Where the Board determines that a competitor has committed a doping infraction, the Agency must enter the determination on the Register in accordance with section 17(2)
2: Where the Board determines that a competitor has not committed a doping infraction, the Agency must give written notification of the determination, in the prescribed form, to the competitor and the national sporting organisation or organisations concerned. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Sections 16A 16F inserted 12 April 2001 10 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Sports Drug Register
17: Agency to maintain Sports Drug Register
1: The Agency shall establish and maintain a Sports Drug Register for the purpose of recording the name of each competitor in respect of whom—
a: A determination has been made by the Board of the Agency to the effect that—
i: Under section 14
ii: Under section 16B and that determination has not been quashed as a result of an appeal to the District Court under section 20
b: The Agency has been advised, pursuant to section 26 27
2: The Agency shall enter in the Register such particulars of the determination as may be prescribed, as soon as practicable after the determination has been made.
3: Where a determination has been quashed by the District Court pursuant to section 22
4: The Agency shall keep the contents of the Register under review and shall delete entries which are outdated or which it is otherwise appropriate to delete.
5: A competitor may apply to the Agency at any time for deletion of the entry concerning the competitor from the Register, and the Agency shall consider any such request and the reasons given in support of it.
6: If the Agency deletes an entry from the Register, it shall give written notification of the deletion to the competitor and the national sporting organisation or organisations concerned. Written notification of the deletion shall also be given to the Sport and Recreation New Zealand This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1)(a)(ii) amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (6) amended 1 January 2002 62 Sport and Recreation New Zealand Act 2002 by substituting the words Sport and Recreation New Zealand Hillary Commission See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002
18: Notification of entry on Register
1: Except as otherwise provided in subsection (7) section 17
2: If it comes to the knowledge of the Agency that a competitor whose name has been entered on the Register under section 17
a: Is (as a competitor) a member, or has (as a competitor) become a member, of; or
b: Is associated as an administrator or coach with— another national sporting organisation, the Agency shall give written notification of the contents of the Register in respect of that competitor to that other national sporting organisation.
3: The Agency shall advise the Chief Executive of the Sport and Recreation New Zealand comply with a request to
4: The Agency may from time to time publish or otherwise disclose statistical information regarding entries made in the Register for the purposes of this Act.
5: The Agency shall not advise any person or organisation of entries made in the Register, except as provided in subsections (1) (2) (3)
6: A competitor may at any time request the Agency to disclose, to the competitor, any entry on the Register concerning the competitor, and the Agency shall comply with any such request.
7: A competitor may at any time request the Agency to correct information held on the Register concerning that competitor, and may request that a notation be made on the Register indicating the nature of a correction requested but not made.
8: Where an entry is made in the Register recording a determination that a doping infraction has been committed, the Agency shall include in the notice of the entry to the competitor, and to the national sporting organisation or organisations, the Board's reasons for so determining. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (3) amended 12 April 2001 11 New Zealand Sports Drug Agency Amendment Act 2000 by inserting the words comply with a request to failing to See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (3) amended 1 January 2002 62 Sport and Recreation New Zealand Act 2002 by substituting the words Sport and Recreation New Zealand Hillary Commission See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002
19: National sporting organisation to advise Agency of action
It shall be the duty of a national sporting organisation which receives notification from the Agency under section 18 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Appeals to District Court
20: Competitor may appeal to District Court
1: A competitor who has received notification of a determination by the Board under section 14 section 16B
2: The grounds for an appeal shall be limited to—
a: In the case of a determination under section 14
b: in the case of a determination under section 16B
i: the second testing of the sample did not support the initial test result; or
ii: the positive test result relates to a drug or doping method that is not banned in circumstances specified in the schedule under section 6(1)(a)(iii)
iii: the sample was not tested by a laboratory; or
iv: the Agency or the laboratory failed to comply with the requirements of the regulations relating to the sealing of any container containing the sample or the recording of information relating to the sample; or
v: the Agency or the laboratory failed to comply with the requirements of this Act or the regulations in any respect other than one described in subparagraph (iii) (iv)
vi: the identity or integrity of the sample or the reliability of the test result were compromised, or are likely to have been compromised, by anything other than a matter described in any of subparagraphs (iii) to (v) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1) amended 12 April 2001 12(1) New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B, section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (2)(b) substituted 12 April 2001 12(2) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
21: Procedures relating to appeal to District Court
1: An appeal shall be brought by the filing of a notice of appeal, in the prescribed form, by the competitor or his or her representative in the District Court within 5 working days after service of notification of the determination concerned, and the notice shall set out the grounds on which the appeal is made.
2: As soon as practicable after such a notice of appeal has been filed, the Registrar shall lodge a copy of the notice with the Agency and the national sporting organisation or organisations concerned.
3: The appeal shall be referred to a District Court Judge within 7 working days after receipt of a valid notice of appeal.
4: The Registrar shall fix the time and place for the hearing of the appeal and shall notify the appellant.
5: A copy of the notice of the time and place for hearing the appeal shall be served by the Registrar on the Agency and the national sporting organisation or organisations concerned.
6: The Agency shall furnish to the Registrar of the Court, before the hearing, a report on the manner in which the proceedings were conducted and the reasons for the making of the determination, and shall supply to the Court such information or assistance as may be required of it by the Court, and shall be represented at the hearing.
6A: Without limiting subsection (6) section 22(1A)
7: The Registrar may require the competitor to provide a notice of the points of appeal in support of the appeal and, if such a notice is requested, shall require the competitor to provide the Agency and the national sporting organisation or organisations concerned with a copy of the documents accompanying the notice of appeal or otherwise provided under this subsection.
8: The competitor and the national sporting organisation may speak (either personally or through a representative) and call evidence at the hearing in support of the appeal, whether or not such evidence is admissible in a court of law.
9: The District Court shall—
a: Avoid unnecessary delay or formality; and
b: Receive such evidence as it considers relevant, whether or not it would be admissible in a court of law.
10: The appeal may from time to time be adjourned and, in the case of death or illness or if for any other reason a Judge cannot complete the hearing and determination of the appeal, another Judge may be appointed to complete it.
11: The appeal shall be heard in chambers.
12: Except in relation to the payment of fees for the filing and hearing of an appeal and to enforcement of the payment of costs, the District Court Rules shall have no application in respect of the appeal.
13: Fees for the hearing of an appeal shall be payable only in respect of the first half day of the hearing.
14: The procedure at the hearing shall be as the Judge determines, subject to this Act and to any regulations. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (6A) inserted 12 April 2001 13 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
22: Decision of District Court
1: On the completion of the hearing of the appeal, the District Court may—
a: Quash the determination appealed against; or
b: Confirm the determination.
1A: The District Court must not quash a determination by reason of a failure referred to in subparagraph (iv) (v)
2: The decision of the District Court shall include the reasons for the decision.
3: Within 3 working days after the Registrar has received the written decision, the Registrar shall forward a copy of it to the appellant, the Agency, and the national sporting organisation or organisations concerned.
4: A decision of the District Court confirming a determination shall be given effect to as if it were a determination of the Board under section 14 section 16B
5: If the District Court quashes a determination, the Agency shall give written notification of the Court's decision to the Sport and Recreation New Zealand This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1A) inserted 12 April 2001 14 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (4) amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (5) amended 1 January 2002 62 Sport and Recreation New Zealand Act 2002 by substituting the words Sport and Recreation New Zealand Hillary Commission See clause 2 Sport and Recreation New Zealand Act Commencement Order 2002
23: Limitation on proceedings in relation to appeals to District Court
No proceedings, other than injunctive proceedings, shall be initiated in any Court by any person or organisation in respect of a determination of the Board under section 14 section 16B section 20 section 22 Provided that nothing in this section shall affect the right of any person or organisation to apply, in accordance with law, for a judicial review of any such determination if an applicable right of appeal against the determination is not available under this Act. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Section 23 amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Appeal to High Court
24: Appeal to High Court on question of law
1: Where the Board makes a determination under section 14 section 16B section 20
2: Where a District Court makes a decision pursuant to section 22
3: Subject to this section, every appeal under this section shall be dealt with in accordance with Part 10 High Court Rules
4: The national sporting organisation concerned shall be a party to any appeal brought under this section. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1) amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
4: Testing for and by foreign organisations
This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
25: Contract testing
1: The Agency may enter into a contract or arrangement with a foreign anti-doping body, an international sporting federation, a foreign government sports organisation, or a foreign sports organisation under which the Agency may—
a: Collect samples from specified athletes for the purpose of testing whether any scheduled drug or doping method is present in the samples; and
b: Arrange for the testing of the samples by a laboratory; and
ba: testing a New Zealand competitor out-of-competition; or
c: Arrange for the secure transport of the samples to a laboratory; and
d: Give notice of the results of the testing to such persons and organisations as may be specified in the contract or arrangement.
2: A contract or arrangement shall be entered into by the Agency under subsection (1)
a: Testing a foreign athlete who is in New Zealand; or
b: Conducting testing at a sporting event held in New Zealand by the international sporting federation making the request; or
c: Conducting testing in a foreign country.
3: The Agency may do anything lawfully required or lawfully necessary to be done to give effect to the contract or arrangement.
4: The procedures for testing under a contract or arrangement are those set out in this Act and the regulations, unless the contract or arrangement provides otherwise. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (2)(ba) inserted 12 April 2001 15(1) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (4) substituted 12 April 2001 15(2) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
26: Foreign anti-doping body may take sample for Agency
1: The Agency may request a foreign anti-doping body to take a sample for it from a competitor who is in a foreign country.
2: If a foreign anti-doping body advises the Agency, following a request to provide a sample, that a competitor has—
a: Failed to provide a sample to that body without reasonable cause; or
b: Provided a sample which has produced a positive test result— the Agency shall determine, in each case, whether the procedures carried out by that body were of a similar effect to
c: The manner in which the sample is requested; and
d: The collection of samples; and
e: The sealing of the containers in which the sample is to be kept until it is tested; and
f: The transportation of samples to a laboratory; and
g: The analysis of samples at a laboratory; and
h: The competitor's rights in relation to the testing of the sample.
3: If the Board is satisfied that the procedures carried out were of a similar effect to the procedures set out in this Act and the regulations,—
a: the Agency must notify the competitor in terms of section 13 16A
b: the Board must make a determination under section 14 16B This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (2) amended 12 April 2001 16(1) New Zealand Sports Drug Agency Amendment Act 2000 by substituting the words of a similar effect to substantially in accordance with See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (3) substituted 12 April 2001 16(2) New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
27: Decisions notified by foreign anti-doping body
1: If a foreign anti-doping body informs the Agency that a competitor who has been selected by that body to provide a sample has—
a: Failed to provide a sample to that body without reasonable cause; or
b: Committed a doping infraction in relation to a sample provided to that body— the Agency shall determine, in each case, whether the procedures carried out by that body were of a similar effect to paragraphs (c) (h)
2: If the Agency is satisfied that the procedures were carried out substantially in accordance with the procedures set out in this Act and the regulations, the Agency shall enter the information on the Register, and the entry shall be deemed to be a determination of the Board under section 14 section 16B
3: The Agency shall give written notice of the entry to the competitor and to the national sporting organisation or organisations concerned as soon as practicable after the entry is made. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1) amended 12 April 2001 17 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the words of a similar effect to substantially in accordance with See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Subsection (2) amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
28: Notification where competitor not a New Zealand competitor
Where, under section 14 section 16B
a: Of which the competitor is, as a competitor, a member; or
b: With which the competitor is associated as an administrator or coach. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Section 28 amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B section 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
5: Miscellaneous provisions
This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
29: Restriction on delegation
1: The Board may not delegate—
a: the power of the Board to make determinations under sections 14 16B
b: the fixing of fees and charges under section 7
2: In other respects, section 73 Crown Entities Act 2004 This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1)(a) amended 12 April 2001 20 New Zealand Sports Drug Agency Amendment Act 2000 by substituting the expression section 16B 16 of this Act See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001 Section 29 substituted 25 January 2005 200 Crown Entities Act 2004
30: Service of notices
1: Where, for the purposes of this Act, any competitor is to be notified of any matter, notice of that matter shall be given, served on, or supplied to that person in the following manner:
a: Personally; or
b: By leaving it at that competitor's usual or last known place of residence or business or at the address specified by the competitor in any document received from that competitor; or
c: By posting it in a letter addressed to the competitor at that place of residence or business or at that address.
2: If any such notice is sent to any competitor by post, then, in the absence of proof to the contrary, the notice shall be deemed to have been delivered to the competitor on the 4th day after the date on which it was posted, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.
3: If the competitor's address is in a foreign country, the Agency shall use all reasonable endeavours (including, but not limited to, the use of courier services) to supply the competitor with the notice within 4 days after the date of despatch by the Agency.
4: If any notice is sent pursuant to subsection (3)
a: On the day on which written confirmation of delivery is received by the Agency from the agency which effected delivery; or
b: If posted in the foreign country, on the 4th day after the date on which written confirmation is received by the Agency that the notice has been posted to the competitor and that it was properly addressed and posted.
5: In proving a delivery effected pursuant to subsection (3) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
31: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: Prescribing the procedure to be followed when a request for the supply of a sample is made:
aa: prescribing ways in which a competitor fails to comply with a request to provide a sample, without limiting the ways in which it may appear to the Agency that a competitor has failed to comply with a request:
b: Prescribing human biological fluid or tissue which may be tested:
c: Prescribing the procedure to be followed for the taking of samples:
d: Prescribing the means of identification and attestation of samples and their transportation to laboratories:
e: Prescribing the procedure for the testing of samples:
f: Prescribing the procedure for the notification of test results to the Agency, and by the Agency to competitors and national sporting organisations:
g: Prescribing the manner in which competitors may make submissions to the Agency:
h: Prescribing the form and content of the Sports Drug Register:
i: Prescribing the manner in which competitors may appeal to the District Court against a determination made by the Agency:
j: Prescribing matters relating to the conduct of appeals to the District Court:
k: Prescribing the content of notices:
l: Making provision in respect of the duties and responsibilities of persons appointed as drug testing officials:
m: Providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Before making any recommendation for the purposes of subsection (1)
a: Do everything reasonably practicable on its part to advise all persons and organisations, who or which in its opinion may be affected by any regulations made in accordance with the recommendation, of the proposed terms of the regulations; and
b: Give such persons and organisations a reasonable opportunity to make submissions on them to the Agency; and
c: Advise the Minister of any submissions received and any comments the Agency wishes to make on the proposed regulations.
3: Subsection (2)
4: A failure to comply with subsection (2) This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006 Subsection (1)(aa) inserted 12 April 2001 18 New Zealand Sports Drug Agency Amendment Act 2000 See clause 2 New Zealand Sports Drug Agency Amendment Act Commencement Order 2001
32: Time limits may be extended
Where, under this Act, any time limit is provided for the making of any application, or for any other procedure, the Agency or the District Court may, in any particular case, extend that time limit as it sees fit. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
33: Interpretation: transitional provisions
In sections 34 to 37 Interim Agency Undertaking This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
34: Transitional provisions relating to staff
Every person employed by the Interim Agency immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been appointed as an employee of the Agency on the same terms and conditions of employment (including those relating to salaries and allowances) as applied in respect of that person immediately before such commencement. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
35: Transitional provisions relating to records
All records held by the Interim Agency before the commencement of this Act shall be transferred to the Agency on the commencement of this Act. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
36: Undertaking of Interim Agency
1: On the commencement of this Act, the undertaking of the Interim Agency shall vest in the Agency.
2: Every agreement, contract, deed, instrument, undertaking, or notice entered into, executed, or given by the Interim Agency, and every action taken by the Interim Agency, before the commencement of this Act, to the extent that it would have been valid if entered into, executed, given, or taken by the Agency after the commencement of this Act, is hereby validated and declared to have been lawfully entered into, executed, given, or taken. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
37: Savings
Where the Interim Agency has requested a competitor to provide a sample and the procedures relating to that request remain uncompleted at the commencement of this Act, the Interim Agency shall complete those matters in terms of its existing rules. This Act was repealed 1 July 2007 59 Sports Anti-Doping Act 2006
38: Ombudsmen Act 1975 Sections 38 39 repealed 25 January 2005 200 Crown Entities Act 2004
39: Agency to be Crown entity
Sections 38 39 repealed 25 January 2005 200 Crown Entities Act 2004