Wellington Hang Gliding and Paragliding Club Home
Proposal
That the NZHGPA revises its Constitution so that it is fully compliant with the World Anti-Doping Code.
Background
On 31 May 2007 SPARC gave the NZHGPA interim recognition as a National Sporting Organisation.
One of the benefits of being an NSO is that funding and support may be available from SPARC, such as Performance Enhancement Grants. (Harmony Gaw became eligible through coming third at the Paragliding Worlds - and is currently receiving a $15K performance enhancement grant).
The NSO recognition is interim until the Association's next AGM on 1 September. Continued recognition is dependent on the Association becoming fully compliant with the World Anti-Doping Code. This is because in order to comply with the International Convention Against Doping in Sport, SPARC and Drug Free Sport NZ are required to, "where appropriate, withhold some or all financial or other sport-related support from any sports organisation or anti-doping organisation not in compliance with the World Anti-Doping Code or applicable anti-doping rules adopted pursuant to the World Anti-Doping Code.
The Associations current Anti-Doping policy is here: http://www.nzhgpa.org.nz/opm/section8miscellaneous.pdf (page 6 of PDF - or page 4 by numbering).
The Executive has recently adopted the Sports Anti-Doping Rules (http://www.drugfreesport.org.nz/site/drugfree/files/PDF/2007%20ANTI-DOPING%20RULES.pdf) made by Drug Free Sport New Zealand (DFS) under the provisions of the Sports Anti-Doping Act 2006. It is intended that these new rules come into effect on 3 September.
The resolution was: THAT the Sports Anti-Doping Rules (http://www.drugfreesport.org.nz/site/drugfree/files/PDF/2007%20ANTI-DOPING%20RULES.pdf) made by Drug Free Sport New Zealand (DFS) under the provisions of the Sports Anti-Doping Act 2006, as tabled at this online meeting and as amended from time to time by DFS, will become the Hang Gliding and Paragliding Association's Drug and Doping Policy from 3 September 2007 and will replace the existing "Rules for the Control of Banned Substances".
As a result there are consequential changes required to the Association's constitution. (If the changes are not adopted the Special Executive Meeting has the opportunity to overturn the above decision and revert to the previous anti-doping policy).
Current constitution
The current constitution (www.nzhgpa.org.nz/opm/constitution.pdf) makes reference to "the Association's Drug and Doping Policy" in sections
4.5 iv (p12) and section 9.1 iv (p 19).
4.5 Restrictions on Members
Member Organisations are restricted from the following activities:
….
iv use of banned substances as defined by the Association’s Drug and Doping Policy (1998 AGM)
Visitor and Student Members are restricted from the following:
….
iv use of banned substances as defined by the Association’s Drug and Doping Policy.
9.1 Objectives of the Disciplinary Committee
The objectives of the Disciplinary Committee are:
….
iv to implement a sports drug policy and impose penalties/sanctions where a member has committed a doping infraction.
(1998 AGM)
Remits
1)
That the two references in Clause 4.5 iv to “the Association’s Drug and Doping Policy” be replaced with “the Sports Anti-Doping Rules.”
That the two references in Clause 4.5 iv to “the Association’s Drug and Doping Policy” be replaced with “the Sports Anti-Doping Rules.”2)That the statement in Clause 9.1 iv “to implement a sports drug policy and impose penalties/sanctions where a member has committed a doping infraction” be replaced by “to implement the Association’s Drug and Doping Policy and enforce penalties/sanctions imposed by the Sports Tribunal of New Zealand where a member has committed an anti-doping violation.”
That the statement in Clause 9.1 iv “to implement a sports drug policy and impose penalties/sanctions where a member has committed a doping infraction” be replaced by “to implement the Association’s Drug and Doping Policy and enforce penalties/sanctions imposed by the Sports Tribunal of New Zealand where a member has committed an anti-doping violation.”Resolution that these remits be submitted to the AGM of the NZHGPA was passed by the Wellington Hang Gliding & Paragliding Club at its meeting on Tuesday 5 June. Proposed: Kris Ericksen. Seconded“ Grant Tatham
Background on the Anti-Doping system from SPARC
Parliament passed the Sports Anti-Doping Act 2006 last year. Under the Act, New Zealand will have a new anti-doping system from 1 July 2007. In anticipation of the new anti-doping system, Drug Free Sport NZ has published new Sports Anti-Doping Rules. The Rules provide a simple and efficient way for NSOs to comply with the World Anti-Doping Code.
Deadline of 1 July 2007
The new anti-doping system comes into effect on 1 July 2007. If your NSO has not adopted the Sports Anti-Doping Rules by then, or adopted some other up-to-date anti-doping rules, it is likely that your NSO will not comply with the World Anti-Doping Code. If this is the case, your NSO will not be eligible for SPARC assistance or to participate in New Zealand's new anti-doping system.
In order to comply with the International Convention Against Doping in Sport, SPARC and Drug Free Sport NZ are required to, "where appropriate, withhold some or all financial or other sport-related support from any sports organisation or anti-doping organisation not in compliance with the World Anti-Doping Code or applicable anti-doping rules adopted pursuant to the World Anti-Doping Code."
SPARC intends to review NSOs anti-doping policies and constitutions after the 1 July 2007 deadline to ensure that NSOs comply with the World Anti-Doping Code. Those that do not comply are likely to be suspended from receiving SPARC investment and other support and will not be eligible to participate in Drug Free Sport NZ's testing and education programmes.
Benefits of adopting the Sports Anti-Doping Rules
SPARC and Drug Free Sport NZ encourage your NSO to adopt the Sports Anti-Doping Rules rather than develop your own anti-doping policy. The Sports Anti-Doping Rules have the following advantages:
·they have been professionally drafted by a team of lawyers specialising in sports law;
they have been professionally drafted by a team of lawyers specialising in sports law;·they will be maintained and kept up-to-date by Drug Free Sport NZ,
they will be maintained and kept up-to-date by Drug Free Sport NZ,·saving NSOs the trouble of regularly updating their anti-doping policies;
saving NSOs the trouble of regularly updating their anti-doping policies;·they will be subjected to consultation and review;
they will be subjected to consultation and review;·they will be consistent across many sports, which will reduce confusion between athletes and officials;
they will be consistent across many sports, which will reduce confusion between athletes and officials;·they will make it easier for NSOs, Drug Free Sport NZ, the Sports
they will make it easier for NSOs, Drug Free Sport NZ, the Sports·Disputes Tribunal and SPARC to be certain that NSOs are compliant with the Code; and
Disputes Tribunal and SPARC to be certain that NSOs are compliant with the Code; and·they are consistent with the WADA Code and will be consistent with your International Federation's anti-doping rules, if your International Federation is a signatory to the Code.
they are consistent with the WADA Code and will be consistent with your International Federation's anti-doping rules, if your International Federation is a signatory to the Code.Proposal
That the NZHGPA revises its Constitution so that appeals against decisions of the Disciplinary Committee are made to the Sports Tribunal of New Zealand.
Background
On 31 May 2007 SPARC gave the NZHGPA interim recognition as a National Sporting Organisation. Andrew Fieldsend from SPARC commented: “Your constitution doesn't make reference to the Sports Tribunal. SPARC's preference is that all NSOs use the Sports Tribunal for appeals.”
Information about the Sports Tribunal can be found at: http://www.sportstribunal.org.nz/downloads/guide.pdf
The constitution’s current wording on appeals is:
9.5 Appeals
In any case where the Disciplinary Committee has exercised any of its disciplinary powers (other than to reprimand a Member) in respect of any Member under this Rule, that Member may, not later than 14 days after the date of the notification by the Disciplinary Committee to the Member Concerned of its decision, appeal in writing to the Executive Council against such decision or against any penalty imposed.
Where any such appeal is made to the Executive Council as aforesaid, the Executive Council may confirm or vary or reverse the decision to which the appeal relates, and may in addition make such order as to the payment of costs of the appeal as it thinks fit.
Every such appeal shall be by way of rehearing by the Executive Council and according to the rules of 9.3.4 Disciplinary Committee Hearings; but, unless the Executive Council otherwise directs, on any such rehearing it shall not be permissible to recall witnesses who gave evidence before the Disciplinary Committee or to call other witnesses.
There shall be no appeal against any decision by the Executive Council to confirm any recommendation by the Disciplinary Committee to expel a Pilot or Visitor Member nor against and decision of a General Meeting to expel a Member Organisation.
There are, however, no references to resolution procedures regarding decisions of the Executive or resolution of disputes between NZHGPA and its members. It IS, therefore, appropriate to include an additional clause in the section relating to the Executive Council that makes reference to the Sports Tribunal.
Remits
3)That Clause 9.5 be revoked and replaced with this wording:
That Clause 9.5 be revoked and replaced with this wording:In any case where the Disciplinary Committee has exercised any of its disciplinary powers (other than to reprimand a Member) in respect of any Member under this Rule, that Member may, not later than 28 days after the date of the notification by the Disciplinary Committee to the Member Concerned of its decision, appeal to the Sports Tribunal of New Zealand against such decision or against any penalty imposed.
4)That an additional clause be added to the Constitution at 8.10:
That an additional clause be added to the Constitution at 8.10:That where there are disputes with decisions of the Executive Council, or disputes between the Association and its members, or between members of the Association, that the Sports Tribunal of New Zealand is a recognised forum for the resolution of such disputes.
Resolution that these remits be submitted to the AGM of the NZHGPA was passed by the Wellington Hang Gliding & Paragliding Club at its meeting on Tuesday 5 June. Proposed: Kris Ericksen. Seconded: Grant Tatham
