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Basketball Operations Manual - Basketball New Zealand

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SCHEDULE 1<br />

BBNZ JUDICIAL REGULATIONS<br />

SUMMARY OF PROCESS<br />

First Tier: Referral to Judicial Committee<br />

Report of alleged offence (in writing) from official, floor controller, witness, BBNZ CEO or League<br />

Commissioner. Generally to be made within 48 hours of the conclusion of the game.<br />

➙ ➙ ➙ ➙ ➙<br />

Recipient (President/Chairperson of relevant Association, Tournament Controller, League Commissioner<br />

or BBNZ CEO) makes a determination whether to refer to Judicial Committee as soon<br />

as reasonably practicable following receipt of the report [within 48 hours]. The recipient may determine<br />

that the conduct is not sufficiently serious to warrant a hearing (and may also issue a written<br />

caution).<br />

If referred to Judicial Committee the alleged offender shall receive a copy of report (and election<br />

to admit offence form).<br />

Judicial Committee shall consider the evidence (which may be at a hearing). Whether offence was<br />

committed is to be determined on the balance of probabilities. The Committee determines its own<br />

procedures (including timeframes) but will seek to deal with the matter as soon as reasonably practicable<br />

— when possible, this will be prior to the next game. The Judicial Committee may impose<br />

a sanction or penalty (having regard to the maximum sanction set out in Appendix 1). Affected<br />

parties will be notified of the decision as soon as possible after it has been reached. [Judicial Committee<br />

decisions may also be released to the media.]<br />

Second Tier: Appeals to BBNZ Appeal Committee<br />

Appeals must be lodged within 7 days of determination of Judicial Committee. Appeal must state<br />

grounds and must be accompanied by payment of $1,000 deposit. The appeal will be heard as soon<br />

as reasonably practicable. Pending the hearing, the Judicial Committee sanction will continue to<br />

apply.<br />

BBNZ Appeal Committee has similar powers to those of Judicial Committee to determine its own<br />

procedure, consider evidence and receive submissions. The parties will be advised of the outcome<br />

of an appeal as soon as practicable after a determination is made.<br />

Third Tier: Appeals to <strong>New</strong> <strong>Zealand</strong> Sports Tribunal<br />

Limited grounds of appeal to <strong>New</strong> <strong>Zealand</strong> Sports Tribunal (established by SPARC). Appeals must<br />

be filed within 14 days of a determination of the BBNZ Appeal Committee.<br />

Judicial Regulations<br />

79

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