There continues to be an organisation to be called Drug Free Sport New Zealand.

Drug Free Sport NZ is the same body as the New Zealand Sports Drug Agency established under the New Zealand Sports Drug Agency Act 1994.

Drug Free Sport NZ continues under this Act with the functions, powers, and duties specified in this Act, but otherwise without any change in its continuity, assets, rights, liabilities, contracts, or members.

Section 51 overrides subsection (3).

Drug Free Sport NZ is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to Drug Free Sport NZ except to the extent that this Act expressly provides otherwise.

Except as expressly provided otherwise in this or any other Act, Drug Free Sport NZ must act independently in performing its statutory functions and duties and in exercising its statutory powers under—

Drug Free Sport NZ consists of no more than 5 members.

The members of Drug Free Sport NZ are the board for the purposes of the Crown Entities Act 2004.

When considering whether to recommend a person for appointment as a member of Drug Free Sport NZ, the Minister must have regard to the need to ensure that the membership includes a mix of knowledge and experience in matters relevant to the functions of Drug Free Sport NZ, including knowledge of and experience in 1 or more of the following:

This section does not limit section 29 of the Crown Entities Act 2004.

For the purpose of providing a superannuation fund or retiring allowances for any of its members, Drug Free Sport NZ may pay sums of money by way of a subsidy or a contribution into any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).

Any person who, immediately before becoming an employee of Drug Free Sport NZ, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is deemed, for the purposes of that Act, to be employed in the Government service so long as he or she continues to be an employee of Drug Free Sport NZ.

The Government Superannuation Fund Act 1956 applies to the person in all respects as if that person’s service as an employee of Drug Free Sport NZ is Government service.

Subsection (2) does not entitle a person to become a contributor to the Government Superannuation Fund if that person has ceased to be a contributor.

For the purpose of applying the Government Superannuation Fund Act 1956, Drug Free Sport NZ is the controlling authority.

The functions of Drug Free Sport NZ are to—

Without limiting Drug Free Sport NZ’s powers under sections 16 and 17 of the Crown Entities Act 2004, it may—

The amount or rate of a fee or charge must be reasonably related to the expenses incurred or to be incurred in relation to the provision of services, information, or advice to which the fee or charge relates.

Drug Free Sport NZ must not make any charge to a national sporting organisation for testing conducted under a testing programme established under the rules.

Drug Free Sport NZ may, at the request of a national sporting organisation, conduct testing not provided for under a testing programme established under the rules, and may charge the national sporting organisation fees for that testing.

If Drug Free Sport NZ conducts testing under subsection (2), athletes are entitled to the same rights to which athletes are entitled under a testing programme established under the rules.

Drug Free Sport NZ’s functions may be performed, and its powers may be exercised, within and outside New Zealand.

Drug Free Sport NZ may perform any of its functions in co-operation with any person, body, association, or organisation.

In the performance of its functions and the exercise of its powers, Drug Free Sport NZ must establish for its use, and for the use of its committees, procedures that—

The board must make, and from the commencement of this section always have, rules.

The rules must implement the Code and, in particular, to the extent that the Code requires specified Articles of the Code to be incorporated into the rules without substantive changes (allowing for necessary non-substantive editing changes in order to refer to things like sports, section numbers, and Drug Free Sport NZ’s name), must incorporate those Articles in that manner.

In addition, the board may also make any other rules that are necessary or desirable to govern the practice and procedure of the board’s functions under section 12(c) to (i).

Before making a rule under this section, the board must give national sporting organisations, athletes, and the Privacy Commissioner a reasonable opportunity to comment on the proposed rule.

Rules made under this section may authorise specified procedures or matters of detail to be determined by Drug Free Sport NZ, and may not be challenged on the ground that they leave such matters to the discretion of Drug Free Sport NZ.

Rules under this section—

The following written material may be incorporated by reference in the rules:

Material may be incorporated by reference in the rules—

Material incorporated by reference in the rules has effect as part of the rules.

An amendment to, or replacement of, material incorporated by reference in the rules (the principal rules) has effect as part of the principal rules only if rules made after the making of the principal rules state that the particular amendment or replacement has that effect.

A copy of material incorporated by reference in the rules, including any amendment to, or replacement of, the material (material) must be—

The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of the material in the rules.

Material incorporated by reference in the rules that expires or is revoked or ceases to have effect, ceases to have legal effect as part of the rules only if rules made under section 16 state that the material ceases to have legal effect.

Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in the rules (or any amendment to, or replacement of, that material) merely because it is incorporated.

The chief executive of Drug Free Sport NZ—

A failure to comply with this section does not invalidate the rules or the incorporation by reference of material in the rules.

In this section, material means—

The board must review the rules from time to time for the purpose of ensuring that they comply with this Act.

Sections 16 to 22 apply, with the necessary modifications, to the making of a new, amended, or revised rule.

Sections 16 to 25 do not affect the application of sections 22 to 25 of the Standards Act 1988.

In the performance of its functions and the exercise of its powers, Drug Free Sport NZ must, to the extent that there is not an inconsistency with the rules, develop appropriate procedures to—

A Police employee, a Customs officer, or any other person may provide evidence or information to Drug Free Sport NZ if that person believes that that evidence or information may assist Drug Free Sport NZ in complying with or implementing the rules.

There continues to be a tribunal to be called the Sports Tribunal of New Zealand.

The Tribunal is the same body as the Sports Disputes Tribunal of New Zealand established by the board of Sport and Recreation New Zealand under section 8(i) of the Sport and Recreation New Zealand Act 2002.

The Tribunal continues under this Act with the functions, powers, and duties specified in this Act, but otherwise without any change in its continuity, assets, rights, liabilities, contracts, or members.

Sections 57 and 58 override subsection (3).

The Tribunal consists of at least 5, but no more than 9, members.

Each member must be appointed by the Governor-General on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand.

In recommending a person for appointment as a member of the Tribunal, the Minister must have regard to the person’s personal attributes, qualifications, and skills.

A member is not employed in the State services for the purposes of the Public Service Act 2020 or the Government service for the purposes of the Government Superannuation Fund Act 1956 only because the person is a member of the Tribunal.

The Governor-General, on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand, must appoint one of the members as the chairperson of the Tribunal.

The chairperson must have significant understanding, interest, or experience in sport and must be—

The Governor-General, on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand, must appoint one or more of the members as a deputy chairperson of the Tribunal.

A deputy chairperson must have the qualifications listed in section 33(1).

Other than the chairperson, at least 2 members of the Tribunal must—

Other than the chairperson and members who have the qualifications listed in subsection (1), a member of the Tribunal must have substantial experience in sport, in any capacity, over a minimum of a 10-year aggregate period.

Except as provided in section 35, a member of the Tribunal holds office for a term not exceeding 5 years.

A member of the Tribunal may—

If the term for which a member was appointed expires, that member, unless sooner vacating or removed from office under section 35, may continue to hold office, by virtue of the appointment for the term that has expired, until—

A member of the Tribunal may, at any time, resign his or her office by giving notice in writing to that effect to the Minister.

A member of the Tribunal is taken to have vacated his or her office if he or she dies or is adjudged bankrupt under the Insolvency Act 2006.

A member of the Tribunal may, at any time, be removed from office by the Governor-General on the recommendation of the Minister made after consultation with the board of Sport and Recreation New Zealand for inability to perform the duties of office, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.

The powers of the Tribunal are not affected by any vacancy in its membership.

A member of the Tribunal is entitled to receive remuneration for services as a member at a rate and of a kind determined by the Remuneration Authority in accordance with the Remuneration Authority Act 1977.

There may be paid out of public money to the members of the Tribunal travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly.

The Tribunal is a statutory board for the purposes of the Fees and Travelling Allowances Act 1951.

Remuneration determined under subsection (1) must not include remuneration of the kind paid under subsection (2).

No member of the Tribunal is personally liable for any act done or omitted to be done by the Tribunal or any member of the Tribunal in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal.

The functions of the Tribunal are to—

Except as provided in this Act, the Tribunal may determine its own practices and procedures for performing the Tribunal’s functions under section 38(a) to (f).

However, in determining its own practices and procedures, the Tribunal must ensure that it complies with and implements the rules, to the extent that the rules are applicable.

The Tribunal may receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the same would be admissible in a court of law.

The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.

The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.

Subject to subsections (1) to (3), the Evidence Act 1908 applies to the Tribunal in the same manner as if the Tribunal were a court within the meaning of that Act.

The Tribunal may of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.

The witness summons must state—

The power to issue a witness summons may be exercised by the Tribunal or the chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or the chairperson.

A witness summons may be served—

The summons must,—

If the summons is posted by registered post, it is deemed for the purposes of subsection (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post.

Every witness attending before the Tribunal to give evidence pursuant to a summons is entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

On each occasion on which the Tribunal issues a summons under section 41, the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, must fix an amount that, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, must be paid or tendered to the witness.

The amount fixed under subsection (2) must be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.

If a party to the proceedings has requested the issue of the witness summons, then the fees, allowances, and travelling expenses payable to the witness must be paid by that party.

If the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—

Witnesses appearing before the Tribunal have the same privileges and immunities as witnesses have in proceedings in the District Court.

Every counsel, agent, or other person appearing before the Tribunal has the same privileges and immunities as counsel have in proceedings in the District Court.

Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,500.

No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless travelling expenses were tendered or paid to that person in accordance with section 43.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who—

A member of the Tribunal may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in that member’s opinion, constitutes an offence against subsection (1), whether or not that person is charged with the offence; and any member of the police may take the steps reasonably necessary to enforce that exclusion.

The Tribunal, in any proceedings before it under this Act, may make orders as to costs as it thinks fit.

An order as to costs may be filed in the District Court and may be enforced as a judgment of that court.