Basketball Operations Manual - Basketball New Zealand
Basketball Operations Manual - Basketball New Zealand
Basketball Operations Manual - Basketball New Zealand
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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>