Basketball Operations Manual - Basketball New Zealand

a) send to the alleged offender:
i) a copy of the report;
ii) notice of rights in Judicial proceedings (see Appendix 4); and
iii) election to admit offence (see Appendix 5).
b) refer the matter to a Judicial Committee.
9.6 Pending determination by a Judicial Committee of the alleged offence the alleged offender
may continue to participate in basketball activities without sanction.
10 Judicial Committee Process
10.1 Each Judicial Committee shall have the power and authority to:
a) consider a report;
b) consider the circumstances of an alleged offence;
c) determine whether or not an alleged offence has been committed; and
d) if so whether or not to impose a sanction, or penalty and , the sanction/penalty to
be imposed.
10.2 Whilst each Judicial Committee has the power and authority to set its own procedures
and timeframes for the first tier judicial procedure for each alleged offence that is referred
to that Judicial Committee taking into account:
a) the principles of natural justice;
b) the need to achieve prompt and sometimes immediate consideration and determination
of the alleged offence to meet the needs of the alleged offender and/or activities
of a League or an Affiliated Association or other party,
and a Judicial Committee shall seek to convene a hearing and reach a decision as soon as
reasonably practicable after receipt of a report and such other evidence as it shall reasonably
require.
10.3 The Chairperson shall as soon as practical after receipt of the report of the alleged offence
by the Judicial Committee determine the procedure including timeframes for the determining
of the matter; including without limitation:
a) what other documents, videos or recordings the Judicial Committee would expect
to receive to enable them to make proper consideration of the matter;
b) whether it wishes to hear from the alleged offender, the complainant or any witness
to the alleged offence or any other person whether in person at a hearing or by way
of further witness submission;
c) if there is to be a hearing at which persons are entitled to be present, then the time,
date and place of that hearing;
d) if there is to be a hearing, whether persons are entitled to cross examine persons
who have made a statement whether with the initial report or as part of the material
presented at the Judicial Committee for its termination;
e) the expected timeframe for dealing with the reference to the Judicial Committee
and the expected time of issue of the decision; and
f) whether it will receive certain evidence, whether legally admissible or not.
10.4 The Chairperson shall cause the alleged offender; the complainant and any other parties
the Judicial Committee believes should be so advised of the determined procedure. In
72 2007 NBL Operations and Rules Manual