Basketball Operations Manual - Basketball New Zealand

that advice the Chairperson shall set out what documents or video or other materials the
Judicial Committee has already received.
10.5 Neither the complaint nor an alleged offender is automatically entitled to a hearing before
the Judicial Committee but, in accordance with the principles of natural justice, if the
Judicial Committee is to consider a written or oral statement, then:
a) in the case of a written statement, that must be provided to the alleged offender
prior to the Judicial Committee’s determination so that the alleged offender has an
opportunity to provide a response or comment on that document; and
b) in the case of an oral evidence or submission from any other party then the alleged
offender shall be entitled to be present at whatever forum that oral submission or evidence
is given, including by means of audio or audio visual communication, and be
given and opportunity to present their own oral evidence or submission by way of
reply.
10.6 If the alleged person acknowledges they committed an offence and waives the right to a
hearing, by completing and returning the election form in Appendix 4, the Judicial Committee
will deal with the matter without the necessity of a hearing.
10.7 At any hearing of the Judicial Committee:
a) members of the Judicial Committee may question any witness;
b) no alleged offender or any witness may cross examine a witness unless they were to
do so by the chairperson;
c) the alleged offender and the complainant may press the chairperson to put certain
questions to the alleged offender or other witness;
d) an alleged offender and complainant are entitled to be represented by legal counsel
or other support person;
e) the Chairperson shall identify the members of the Committee and give the alleged
offender the opportunity to object to any Committee member on the grounds of
bias or perceived bias. If an objection is made the person will consider any submission
made by the alleged offender and any response made by the Judicial Committee
member (in the presence of the alleged offender) before deciding upon the objection.
f) the alleged offender and the complainant, or their representative(s) may make a
closing statement.
10.8 After consideration the Judicial Committee members will consider whether, on the balance
of probabilities, the offence was committed. Only the Judicial Committee members
shall be present during this consideration. If the Judicial Committee members are not
satisfied that any offence was committed the report will be dismissed.
10.9 If either the offender admits the allegations in the Judicial Report, pursuant to regulation
10.6 or the Committee is satisfied that an offence was committed:
a) the Judicial Committee members will be given details of any previous established
offences by the offender;
b) the offender or their representative may make a statement to the Judicial Committee
in relation to previous established reports or other mitigating circumstances; and
c) the Judicial Committee members will then determine the sanction or penalty, in the
absence of the offender, and the complainant.
Judicial Regulations
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