In June 2020 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the life saver John Elsmor after his sample tested positive for the prohibited substance Cannabis in a concentration above the WADA treshold (1516 ng/ml).

After notification the Athlete gave a prompt admission, waived his right to be heard, accepted the test result and a provisional suspension. He stated that he had used the substance five to seven days before he was tested to cope with stress.

DFSNZ accepted that the Athlete’s violation was not intentional with grounds for No Significant Fault or Negligence. DFSNZ proposed a 9 month period of ineligibility considering that the Athlete gave a prompt admission and that the use of Cannabis was unrelated to sport performance.

In July 2020 a joint memorandum was filed on behalf of DFSNZ and the Athlete. The Sports Tribunal of New Zealand considers the joint memorandum to be appropriate and decides on 31 July 2020 to impose a 9 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 14 March 2020.

In September 2020 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the powerlifter Sean Winters after his A and B samples tested positive for the prohibited substances Hebtaminol and Octodrine. After notification the Athlete gave a prompt admission, accepted a provisional suspension and filed a statement in his defence.

The Athlete suggested that the products Redcon1 Total Wars and Wizard Nutrition Fireblast Ultra he had used might have contained Octodrine. He had determined, as confirmed by the manufacturers, that previous versions of their products contained Octodrine while this substance was listed on both products named as aminoisoteptaine and Juglans Regia. The current versions of the products do not contain Octodrine anymore.

The Athlete asserted he was tested before without issues. He had researched the ingredients of his supplements at the relevant time before using and neither of these supplements had the prohibited subsances listed. DFSNZ accepted the Athlete's evidence and deemed that the violation was not intentional.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand. The Tribunal considers that the Athlete gave a prompt admission, that the violation was not intentional and that No Significant Fault or Negligence had been established.

Therefore the Sports Tribunal of New Zealand decides on 18 December 2020 to impose a 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 19 July 2020.

In May 2021 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the wrestler Mahdi Namdari after his A and B samples tested positive for the prohibited substances Stanozolol. After notification the Athlete gave a prompt admission, accepted a provisional suspension and filed a statement in his defence.

The Athlete denied the intentional use of the substance and explained that he suffered from a knee injury and that he had accepted pills from a gym member in orde to recover. He asserted that he has never been prescribed with Stanozolol and with limited English he did not understand the risk.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand. The Tribunal considers that the Athlete gave a prompt admission for the imposition of a reduced sanction.

Therefore the Sports Tribunal of New Zealand decides on 11 October 2021 to impose a 3 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 11 May 2021.

In March 2021 New Zealand Customs intercepted a parcel containing Ibutamoren capsules adressed to the Athlete and informed the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) about this shipment. Medsafe contacted the Athlete and Drug Free Sport New Zealand (DFSNZ). In July 2021 anti-doping rule violations were reported against the Athlete for the use and possession of the prohibited substance.

After notification the amateur Athlete admitted the purchase and use of the substance in March 2021 to assist him with his gym training. After interception of the first parcel a replacement product was delivered and used a few day before he was informed by Medsafe about the prohibited substance.

Meanwhile in March 2021 the Athlete also became a registered football player for his local club and so subjected to the Sports Anti-Doping Rules (SADR). The Athlete stated that he was unaware the product was prohibited, or that he was subject to the anti-doping regime due to his weekend recreational football.

DFSNZ accepted that the violation was not intentional and that the product was used not in the context of sport or anti-doping. Further DFSNZ regarded that he is a recreational athlete, participating in football for fun at a low level of competition. He had not received any anti-doping education or information about the SADR, he is relatively young, and acted with a low degree of fault or negligence.

In October 2021 DFSNZ and the Athlete reached an  agreement for a jount memorandum with an appropriate sanction for 13 months. However by Minute the Sports Tribunal of New Zealand deemed that this 13 month period of ineligibility is not fair or proportionate on the facts of this case.

The Tribunal previously had expressed concern about the lack of jurisdiction within the anti-doping code to differentiate sanctions between different levels of athlete, when lower-level athletes faced the same sanctions as elite competitors who receive doping education and support.

The Tribunal found the effects of the new 2021 Code which introduced a new category of athlete and provided a more flexible sanctioning regime for recreational athletes had not been reflected by the proposed sanction.

Considering these circumstances the Tribunal did not approve the proposed sanction of 13 months and decides on 1 December 2021 to impose a 4 month period of ineligibility on the amateur Athlete, starting on the date of the provisional suspension, i.e. on 16 August 2021.

In February 2022 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player Sincere Harraway after his sample tested positive for the prohibited substance Cannabis.

After notification a provisional suspension was ordered. DFSNZ offered the Athlete a reduced sanction if he accepted to complete an approved substance of abuse treatment program.

The Athlete gave a prompt admission and accepted to complete an approved treatment program. Because he had moved to Australia he was unable to find such a program. Following his return to New Zealand in March 2022 he managed to participate in an approved treatment program.

The case was referred to the Sports Tribunal of New Zealand and a decision was rendered based on the written submissions of the parties.

Therefore the Tribunal decides on 14 April 2022 to impose a 1 month period of ineligibility on the Athlete under the condition that the Athlete completed an approved treatment program to the satisfaction of DFSNZ.

In February 2022 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player Sincere Harraway after his sample tested positive for the prohibited substance Methylenedioxymethamphetamine (MDMA).

DFSNZ accepted that the Athlete's consumption of MDMA occurred out-of-competition and in a context unrelated to sport performance. DFSNZ offered the Athlete a reduced sanction if he accepted to complete an approved substance of abuse treatment program.

After notification the Athlete admitted the violation, waived his right for a hearing, accepted a provisional suspension and to complete an approved substance of abuse treatment program. Hereafter he managed to participate in an approved treatment program.

The case was referred to the Sports Tribunal of New Zealand and a decision was rendered based on the written submissions of the parties.

Therefore the Tribunal decides on 16 September 2022 to impose a 1 month period of ineligibility on the Athlete under the condition that the Athlete completed an approved treatment program to the satisfaction of DFSNZ.

In September 2022 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Athlete Zane Robertson after his A and B samples tested positive for the prohibited substance Erythropoietin (EPO). Following notification a provisional suspension was ordered.

The Athlete accepted the test results and asserted that prior at a medical facility in Kenya by mistake he had received an EPO injection instead of the intended Covid-19 vaccination. In support he produced medical information and the testimonies from two Kenyan doctors.

For DFSNZ the Anti-Doping Agency of Kenya (ADAK) conducted an investigation into the Athlete's evidence. The medical facility in question in Kenya confirmed to ADAK that the Athlete had not received any EPO injection, neither had he attended the medcial facility at the material time.

Furthermore ADAK established that the medical documents produced by the Athlete were falsifications. The statements from the alleged Kenyan doctors were false testimones made by a laboratory technician and a person from outside the medical facility.

As a result of ADAK's investigations the Athlete admitted that he deliberately had tampered with any part of of the doping control process. Hereafter the Athlete and DFSNZ reached an agreement and filed a joint memorandum of counsel as to sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Tribunal determines that the Athlete had committed an anti-doping rule violation for the presence of EPO. Additionally the Athlete had tampered with the doping control process as second anti-doping rule violation.

Therefore the Sports Tribunal of New Zealand decides on 20 March 2023 to impose an 8 year period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. on 20 September 2022.

In January 2023 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the amateur golf player after her sample tested positive for the prohibited substance Enobosarm (Ostarine) in a low concentration.

Following notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Sports Tribunal of New Zealand.

The Athlete denied the intentional use of the substance and at first she could not explain how the substance had entered her system. Supported by experts the Athlete attempted to find the source of the prohibited substance.

The Athlete ruled out sunscreen, make-up, medications and skin-to-skin contact as source because none of the identified substances contained Ostarine. She believed that a kiss with a bodybuilder or tasting of a protein custard power likely had caused to positive test result.

The Tribunal finds that the presence of a prohibited substance had been established in the Athlete's sample and accordingly that she committed an anti-doping rule violation.

Following assessed of the evidence the Panel rejected the kiss from the bodybuilder as being the probable source of ingestion. Considering the circumstances, and on a balance of probabilites, the Panel deems it more probable than not, that the custard pudding in question was contaminated and that the Athlete unintentionally ingested Ostarine through two spoonsful of it.

The Panel accepts that the Athlete's violation was not intentional and that there were grounds for No Significant Fault or Negligence. The Panel deems that the amateur Athlete acted with a light degree of fault and that she is a truthful and a credible witness.

Therefore the Tribunal decides by majority on 3 October 2023 to impose a 6 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 31 January 2023.

In a separate decision the Tribunal addressed the issue of costs requested by the Athlete.

The Athlete argued that there had been delays and that DFSNZ could have done more to investigate whether the violation was not intentional. Instead she made expenses in order to prove that she acted with No Significant Fault or Negligence.

The Tribunal concludes that the Athlete was unsuccessful in her attempt to establish no fault or negligence and that she had a sanction imposed upon her, the proceeding was not without merit. The Tribunal is also not persuaded that DFSNZ failed to act in good faith.

The Tribunal acknowledges that the Athlete went to considerable expenses through this process. Further the Tribunal recognises that the Athlete had to go some distance to establish that she bore No Significant Fault.

However, the Tribunal is not satisfied that this is an exceptional case where costs should be awarded. It is noted that the Athlete already had benefitted from DFSNZ’s Legal Assistance Fund.

Viewing the Tribunal’s decision against the principle of ‘the loser paying the winner’ DFSNZ proved the ADRVs, in that the prohibited substance was in the athlete’s system, but it failed to prove the ingestion was intentional.

As a result the Tribunal is not persuaded that the circumstances justifiy an award of costs against DFSNZ. Therefore the Tribunal decides on 19 October 2023 that costs will lie as they fall.

In October 2022 the New Zealand Customs Service intercepted a package addressed to the cricket player Vaibhav Sharma. This package contained multiple prohibited substances:

• (a) Nadrol-50, oxymethalone 50mg, 15 bottles x 50 tablets;
• (b) Sustanon, sustanon 250mg, 5 x 10ml vials;
• (c) Tren-A-100, trenbolone acetate, 100mg/ml, 3 x 10ml vials;
• (d) Masteron, drostanolone propionate 100mg/ml, 2 x 10ml vials;
• (e) Deca-300, nandrolone decanoate, 300mg/ml, 6 x 10ml vials;
• (f) Cyp-300, testosterone cypionate, 300mg/ml, 3 x 10ml vials;
• (g) Test Depot, testosterone enanthate, 250mg/ml, 2 x 10 ml vials;
• (h) Cypionex, testosterone cypionate, 250mg/ml 5 x 10ml vials; and
• (i) Clen-40, clenbuterol, 40mcg, 15 bottles x 100 tablets.

Hereafter in April 2023 Drug Free Sport New Zealand reported 2 anti-doping rule violations against the Athlete for possession and attempted use of these prohibited substances.

Following notification the Athlete filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Athlete denied the possession and the intentional use of the substances although he acknowledged that the package was addressed to him listing his name, address and phone number. He suggested and raised various possibilities as to other people being responsible for purchasing these prohibited substances.

In view of the evidence the Panel finds that DFSNZ has established to its comfortable satisfaction that the Athlete had purchased these substances and was therefore in possession of them. The Tribunal deems that the Athlete's explanations are totally implausible and quite fanciful.

The Tribunal is also comfortably satisfied that the Athlete attempted to use the prohibited substances. It seems implausible that he would purchase the substances if he did not intend to use them.

Therefore the Sports Tribunal of New Zealand decides on 28 June 2023 to impose a 4 year period of ineligibility on the Athlete, starting backdated on 28 April 2023.

Related cases:

• SDT 2005_07 Touch New Zealand vs William Morunga
  August 2, 2005
• SDT 2006_13 Touch New Zealand vs William Morunga
  July 4, 2006

Mr. William Morunga is a Touch and Rugby player and prior santioned because of his use of the prohibited substance Cannabis:

• On 2 August 2005 the Sports Tribunal of New Zealand decided to impose on the Athlete a 2 month period of ineligibility, including a severe warning and a strong reprimand.
• On 4 July 2006 the Sports Tribunal of New Zealand decided to impose a 2 year period of ineligibility on the Athlete for his second anti-doping rule violation.
• On 14 September 2010 the Queensland Rugby League Drug Judiciary Tribunal decided to impose a lifetime ban on the Athlete for his third anti-doping rule violation.

Hereafter the Athlete requested Drug Free Sport New Zealand (DFSNZ) for reconsideration of the period of ineligibility the Sports Tribunal of New Zealand had imposed on the Athlete in 2005 and 2006. In this matter the Athlete invoked the principle of Lex Mitior and retroactive application of the current Rule regarding Substances of Abuse.

DFSNZ agrees that the principle of Lex Mitior allows reconsideration of the Athlete's sanction and the retroactive application of the new Rule regarding Substances of Abuse, used out-of-competition and unrelated to sport performance.

Following assessment of the case and the Athlete's conduct the Tribunal determines that the new Rule regarding Substances of Abuse is applicable whereas that the period of ineligibility has not expired because of the imposed lifetime ban in September 2010.

in view of the principle of Lex Mitior the Tribunal considers that there are grounds to reduce the previous imposed sanctions into a 1 month sanction with the Athlete following a substances of abuse treatment programme approved by DFSNZ.

Therefore the Sports Tribunal of New Zealand decides on 1 June 2023 that:

1) The first ADRV is sanctioned under Rule 10.2.4.1 and the period of ineligibility is reduced to one month;

2) The second ADRV is sanctioned under Rule 10.2.4.1 and the period of ineligibility is reduced to one month;

3) Rule 10.9.2 applies and neither the first ADRV nor second ADRV are to be considered a violation, and provisions regarding multiple violations do not apply.