Basketball Operations Manual - Basketball New Zealand

decision which shall be available as a resource for future judicial committees and Appeal
Committees.
11.4 Where the Judicial Committee is established by the BBNZ CEO the Chairperson shall
cause to be forwarded to the BBNZ CEO the documents and recordings received by the
Judicial Committee for the purpose of its consideration. The BBNZ CEO shall ensure that
these documents are retained, solely for the purpose of an appeal; and if no appeal is
lodged, shall be destroyed.
12 Second Tier: Appeals to BBNZ Appeal Committee
12.1 Either the offender or the complainant for any matter that has been determined by a Judicial
Committee may appeal such decision to the BBNZ Appeal Committee.
12.2 Pending determination of an appeal the sanction or penalty (if any) imposed by the
Judicial Committee shall continue to apply and shall not be stayed; unless the Appeal
Committee, in its sole discretion, determines that the decision of the Judicial Committee
should be stayed in whole or part pending determination of the appeal.
12.3 An appeal must be in writing will follow as closely as possible to the form set out in Appendix
3.
12.4 The appeal must be signed by or on behalf of the person lodging the appeal and shall
specify:
a) the decision appealed against; and
b) the specific grounds of the appeal.
12.5 The offender may appeal to the BBNZ Appeal Committee only on the grounds that:
a) the chairman of the Judicial Committee unreasonably refused a request to change
the hearing date;
b) the offender was not given the opportunity to adequately respond to the allegations
against them;
c) the procedure adopted by the Judicial Committee was unfair or discriminated
against the offender;
d) there was bias on the part of one of the Judicial Committee members;
e) the sanction was unreasonable having regard to the nature of the offence;
f) the sanction was unreasonable having regard to the offender’s previous conduct;
or
g) new and relevant information is now available, which was not reasonably available
at the time of the determination by the Judicial Committee.
12.6 The complainant may appeal to the BBNZ Appeal Committee only on the grounds that
the sanction or penalty imposed by the Judicial Committee was inadequate having regard
to:
a) the nature of the offence; or
b) the offender’s previous conduct.
13 When is an Appeal made?
13.1 The written appeal must be lodged within seven days after the date on which the written
decision from the Judicial Committee has been sent to the parties heard at the hearing.
Judicial Regulations
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