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.

In April 2019 the New Zealand powerlifter Hinewai Hausman was sanctioned for 4 years after she tested positive for the prohibited substance Clenbuterol. In April 2023, Nine days before the Athlete's period of inelgibility was due to expire, she was tested by Drug Free Sport New Zealand (DFSNZ).

Hereafter in June 2023 DFSNZ reported a new anti-doping rule violation against the Athlete after she tested positive for multiple prohibited substances: 19-norandrosterone (Nandrolone), Drostanolone, Metenolone and Oxandrolone.

Following notification the Athlete gave a prompt admission for her second violation, waived her right for a hearing, accepted the provisional suspension and the sanction proposed by DFSNZ. Accordingly the case was referred to the Sports Tribunal of New Zealand and requested to render an appropriate decision.

The Tribunal deems that the Athlete had committed a second anti-doping rule violation. Because the Athlete gave a prompt admission and accepted her sanction she received a 1 year reduction from the Tribunal.

Therefore the Tribunal decides on 26 July 2023 to impose a 7 year period of inelgibility on the Athlete, starting on the date of the provisional suspension, i.e. on 23 June 2023.

In November 2023 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the archer Robert Knight after his sample tested positive for the prohibited substance Metoprolol. After the positive test the Athlete made an application for a TUE, yet this application was rejected.

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

The Athlete admitted the violation, denied the intentional use of the substance and argued that he acted with No Significant Fault or Negligence. He explained that he had used Metoprolol as prescribed medication for his diagnosed condition and that he was unaware that this medication contained a prohibited substance.

He asserted that his doctor knew that he was a competitive archer. Previously in 2010 he had discussed the anti-doping rules with her and she has had assisted in his TUE application.

DFSNZ accepted that the violation was not intentional. Nevertheless it deems that the Athlete failed to demonstrate that he acted with No Significant Fault or Negligence.

The Tribunal agrees that the Athlete's violation was not intentional and that there are no grounds for a reduced sanction. The Panel determines that there was no evidence that the Athlete's doctor was an expert in sports medicine and that this was the basis on which he relied on her medical advice.

Therefore the Tribunal decides on 5 April 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 November 2023.

In November 2023 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the powerlifter Chris Kennedy after his A and B samples tested positive for the prohibited substance Methylphenidate (Ritalinic Acid).

Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. The Sports Tribunal of New Zealand rendered a decision based on the written submissions of the Parties.

The Athlete admitted the use of the substance and asserted that it was used out-of-competition, 3 days before the competition. He claimed that he was entitled to coach clients in powerlifting during the provisional suspension because they were not competitive athletes, nor subjected to the Rules.

DFSNZ contended that the Athlete had committed an anti-doping rule violation and accepted that the violation was not intentional. It rejected the Athlete's explanations regarding his coaching of clients during the provisional suspension.

DFSNZ established that at least one client was member of the New Zealand Powerlifting Federation. Also it established that this client had recently participated as powerlifter in a competition.

In view of the evidence the Tribunal concludes that the Athlete's violation was not intentional. Furthermore the Tribunal deems that the Athlete breached the provisional suspension through coaching clients.

Therefore the Tribunal decides on 25 March 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the decision.

In November 2023 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the rugby player Evaan Reihana after his sample tested positive for the prohibited substance Cocaine.

Following notification the Athlete admitted the violation, denied the intentional use of the substance and accepted the sanction proposed by DFSNZ. DFSNZ accepted that the violation was not intentional and that the use of Cocaine occurred out-of-competition.

The Athlete acknowledged that he had used the substance out-of-competition the day before the competition to cope with a family crisis.

The Tribunal assessed the joint memorandum of counsel and agrees that the Athlete's violation was not intentional and occurred out-of-competition in a context unrelated to sport performance. The Tribunal further determines that there is no need to order a Provisional Suspension and deems that there are no grounds to redact the name of the recreational Athlete from this decision.

Therefore the Tribunal decides on 20 December 2023 to impose a 3 month period of ineligibility on the Athlete, starting on the date of the decision.