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Nicolo Riosa v Canoe Racing New Zealand

Overview:

Appeal again non-selection for NZ team – appellant not selected for Men’s Open K1 Marathon team to compete at International Canoe Federation Marathon Championships – although appellant not selected for Men’s open team he had been selected for NZ Masters team – whether Tribunal had jurisdiction to hear appeal – NSO argued that as appellant selected for a NZ team he could not appeal non-selection for open team – Tribunal held appellant could appeal and that Tribunal had jurisdiction to hear appeal – appellant resident in Czech Republic and hadn’t competed in races in NZ against other candidates for NZ team – selectors considered appellant’s international results not sufficient to justify his selection ahead of other candidates – whether appellant given opportunity to satisfy selection criteria – whether there should have been final selection race – whether bias in selection – Tribunal considered selection policy could be more precise and that appellant should have been informed earlier by NSO of desirability of him racing in NZ – however, Tribunal concluded that selection policy substantially complied with, no evidence of bias and there was material on which selectors’ decision could reasonably be based – appellant not establishing NSO had erred in terms of the grounds required under the Rules of the Tribunal – appeal dismissed.

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