02.04.2014 Views

Basketball Operations Manual - Basketball New Zealand

Basketball Operations Manual - Basketball New Zealand

Basketball Operations Manual - Basketball New Zealand

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

13.2 The appeal shall be lodged when the BBNZ CEO receives written notice of the appeal<br />

together with the deposit of $1,000 payable for the appeal.<br />

13.3 If the deposit is not paid or the written appeal is not lodged within the required time,<br />

the appeal shall be deemed abandoned provided that the Appeal Committee shall have<br />

power to extend the time for payment.<br />

13.4 On lodgement of the appeal, the BBNZ CEO shall notify the Chairperson of the Appeal<br />

Committee, or where for any reason they are not available, any member of the Appeal<br />

Committee of the appeal.<br />

13.5 The Chairperson or member, as the case may require, shall fix a time, date and place for<br />

the hearing of the appeal.<br />

13.6 Particulars thereof shall be notified by the BBNZ CEO to all parties to the proceedings<br />

determined by the Judicial Committee.<br />

13.7 On any appeal, the Appeal Committee may direct BBNZ to be represented and BBNZ<br />

shall appear by counsel or by representative at the hearing of the appeal in such capacity,<br />

as the Appeal Committee requires.<br />

13.8 When the parties have been notified of the time, date and place of the hearing of the<br />

appeal, the BBNZ CEO shall forward to the Appeal Committee:<br />

a) the Notice of Appeal;<br />

b) the report of the Judicial Committee proceedings; and<br />

c) the documents; recordings and statements received by the Judicial Committee.<br />

14 How is the Appeal Committee formed?<br />

14.1 The Board shall appoint the BBNZ Appeal Committee, including its chairperson, on an ad<br />

hoc basis.<br />

14.2 The Committee members are generally chosen for their experience and standing (not<br />

necessarily in the basketball community), and shall have the following qualities:<br />

a) a sound knowledge of the game;<br />

b) and understanding of procedures; and<br />

c) an understanding and experience of the principles of natural justice.<br />

14.3 The Committee shall consist of 3 members.<br />

14.4 The members of the Appeal Committee must be independent of the appeal and have no<br />

vested interest in the outcome of the appeal.<br />

15 Appeal Committee Powers and Procedures<br />

15.1 An appeal brought shall be by way of re-hearing subject to the provisions outlined in<br />

this regulation 15.<br />

15.2 Where any question of fact arises on the appeal before the Appeal Committee, it shall<br />

be determined by reference to the report of the Judicial Committee provided that the Appeal<br />

Committee, in its discretion, may re-hear the whole or any part of evidence given<br />

before the Judicial Committee, as it considers appropriate.<br />

15.3 In the determination of an appeal the Appeal Committee shall have all the powers and<br />

authorities given to a Judicial Committee, and the procedures for the determination of<br />

the appeal will be, as set out in regulation 10 (amended as necessary to refer to an Appeal<br />

Committee rather than a Judicial Committee); and further the Appeal Committee<br />

76 2007 NBL <strong>Operations</strong> and Rules <strong>Manual</strong>

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!