Overview:

Appeal against decision of NSO – non-selection – C appealed against decision of Motorcycling New Zealand not to select him for the NZ team to compete at 2016 Motocross of Nations Event – no right of appeal in MNZ rules but MNZ able to refer matters to Tribunal for determination under its Constitution – MNZ agreed to Tribunal having jurisdiction – whether Selection Criteria properly followed and implemented – whether material on which selection decision could reasonably be based – specific and general discretionary criteria referred to in Selection Criteria – C contended should have been selected ahead of another rider based on results and experience – four competent and eligible riders vying for two spots on team – very difficult decision – selectors entitled to determine weight to be given to different factors – selection criteria properly applied – no relevant matter overlooked nor irrelevant considerations – appellant had not shown that selectors had no reasonable basis for selection decision – appeal dismissed