Integrity Sport and Recreation Bill

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Integrity Sport and Recreation Bill

Government Bill

243—1

Explanatory note

General policy statement

The Integrity Sport and Recreation Bill (the Bill) implements a single broad policy to strengthen and protect the integrity of New Zealand’s sport and recreation sector by establishing an independent body and consolidating integrity functions within it.

Several reports into New Zealand’s sport and physical recreation sector have highlighted that there is insufficient capability across the sector to deal with integrity-related issues, in particular the management and resolution of complaints made by athletes and participants. The Play, Active Recreation and Sport Integrity Working Group (the Integrity Working Group) recommended the establishment of an independent body to promote and protect the safety and well-being of participants by preventing and addressing threats to integrity.

The Integrity Working Group’s report emphasised that the new entity should be participant-centred, human rights focused, accessible, and responsive to the needs of athletes and participants. The report also recommended that the new entity should be independent of Sport New Zealand and High Performance Sport New Zealand to ensure that responsibility for integrity is separate from funding and selection. This responded to feedback from athletes and participants that existing integrity functions lacked independence, both actual and perceived, and were difficult to access and navigate.

To achieve these objectives, the Bill establishes a new independent Crown entity called the Integrity Sport and Recreation Commission (the Commission).

The key functions of the Commission will be to—

promote, advise, and educate on integrity issues and threats to integrity within the sport and physical recreation sector; and
engage with participants and the sport and physical recreation sector on integrity issues; and
develop and issue integrity codes including to set out minimum standards of conduct; and
prescribe policies and procedures for complaints management and dispute resolution; and
implement the World Anti-Doping Code and facilitate compliance with New Zealand’s international obligations with respect to doping in sport; and
investigate suspected breaches of integrity codes and threats to integrity.

Threats to integrity include competition manipulation, corruption and fraud, use of prohibited substances (doping), abuse (including abuse of children), bullying, violence, harassment, intimidation, and racism and other forms of discrimination.

While integrity issues for elite athletes are more widely publicised, participants in sport and physical recreation at all levels experience integrity issues. The ambit of the Commission will therefore include grassroots and community sport and physical recreation as well as elite sport.

Sport and physical recreation organisations will still be responsible for managing and resolving integrity issues in an appropriate way. However, the Commission will provide education, guidance, and independent pathways for the resolution of complaints and integrity matters. This reflects that sport and physical recreation organisations are often small, largely volunteer, and have varying capability to manage integrity issues. The Commission will help lift the overall capability of the sector to deal with integrity issues and provide mechanisms for resolution and accountability where this cannot be done appropriately by an organisation.

The Bill will streamline the current integrity system for participants by moving existing government functions into the Commission so they are more accessible and participant-focused. Drug Free Sport New Zealand will be disestablished, and its anti-doping functions will be folded into those of the Commission. This will ensure the ongoing ability to issue, implement, and review the Sports Anti-Doping Rules to facilitate New Zealand’s compliance with the World Anti-Doping Code. The integrity functions that currently sit within Sport New Zealand will also transfer to the Commission along with the Sport and Recreation Complaints and Mediation Service.

The Bill will enable the Commission to make integrity codes through secondary legislation. The codes are intended to be the cornerstone of the new integrity system as they will set standards of conduct and prescribe policies and procedures for managing and resolving integrity issues. Organisations can opt to adopt a code and will then be bound to implement the prescribed standards and procedures.

The Commission will have powers to investigate suspected breaches of integrity codes, and to investigate other threats to integrity if it is in the public interest to do so. The Commission will have the power to require information to be provided if that information cannot be obtained by consent. The Commission will also be able to prescribe sanctions for breaches of an integrity code by an individual and, in some circumstances, convene a disciplinary panel to determine whether an integrity code has been breached by a participant and any sanctions to be imposed. Integrity codes may also prescribe means of holding organisations accountable for breaches of an integrity code, including by requiring them to take steps to change their policies or to pay compensation.

The Bill requires the Commission to carry out its functions with a strong focus on the needs of participants, including Māori, disabled people, and children and young people. The Commission will be required to have te ao Māori capability, including on the board, and be responsive to tikanga Māori and te Tiriti o Waitangi/the Treaty of Waitangi. In undertaking its functions, it will be required to reflect the needs of participants, including psychological, cultural, language, and disability needs and the needs of rainbow communities, and promote the best interests of children and young people.

The Commission will have 7 to 9 board members appointed by the Governor-General on the advice of the Minister for Sport and Recreation. The board is required to have a mix of knowledge and experience including in law, sports medicine, sport and physical recreation participation and administration, human rights, and te Tiriti o Waitangi/the Treaty of Waitangi.

The Bill requires a review within 5 years from the commencement of the Act to see how widely and effectively integrity codes have been implemented.

Departmental disclosure statement

Sport and Recreation New Zealand is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2023&no=243

Regulatory impact statement

Sport and Recreation New Zealand produced regulatory impact statements on 23 May 2022 and 21 September 2022 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Copies of these regulatory impact statements can be found at—

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Bill comes into force by Order in Council. If the Bill has not earlier been brought into force, it comes into force on 1 July 2024.

Part 1Preliminary provisions

Clause 3 sets out the purpose of the Bill.

Clause 4 defines terms used in the Bill. Key terms are organisation, participant, and sport and physical recreation sector.

Clause 5 defines the term threat to integrity.

Clause 6 indicates that the transitional, savings, and related provisions are set out in Schedule 1.

Clause 7 provides that the Act binds the Crown.

Part 2Integrity Sport and Recreation Commission

Clause 8 establishes a Crown entity to be known as the Integrity Sport and Recreation Commission (the Commission).

Clause 9 provides that the Commission must act independently in performing its functions and duties and in exercising its powers.

Clause 10 provides that the board of the Commission consists of at least 7, but not more than 9, board members.

Clause 11 requires the Minister when considering recommending the appointment of a member of the board of the Commission to ensure that the board will have certain knowledge and expertise.

Clause 12 sets out the objective of the Commission.

Clause 13 sets out the functions of the Commission. The functions are in the following areas:

promoting, advising, and leading on integrity in sport and recreation:
making integrity codes, investigating breaches of codes and other threats to integrity, and providing disciplinary and dispute resolution processes:
making sports anti-doping rules and doing all things necessary to implement the World Anti-Doping Code:
advising the Minister from time to time on integrity in sport and organised physical recreation and generally taking steps to achieve the purpose of the Bill.

Clause 14 sets out key requirements for procedures established by the Commission.

Clause 15 requires the Commission to maintain the capability and capacity to carry out its functions in a manner responsive to tikanga Māori, the rights and interests of Māori, and te Tiriti o Waitangi/the Treaty of Waitangi.

Clause 16 requires the Commission to establish effective means of seeking the views of relevant stakeholders.

Clause 17 provides for the application of the functions and powers of the Commission outside New Zealand and to matters occurring outside New Zealand. Subclause (1) provides that the functions and powers apply outside New Zealand if permitted or required under an international agreement. This subclause is intended to maintain the effect of section 15(1) of the Sports Anti-Doping Act 2006 for the Commission’s anti-doping functions and powers in respect of the World Anti-Doping Code. It would also apply to any future relevant international agreement.

Subclauses (2) to (4) provide for the exercise of various specific powers relating to the wider integrity functions of the Commission in respect of acts or omissions occurring outside New Zealand and persons outside New Zealand.

Clause 18 provides that the Commission may perform its functions in co-operation with others.

Part 3Integrity codes and anti-doping rules

Integrity codes

Clause 19 provides that the Commission may make integrity codes and sets out the matters that an integrity code may include. An integrity code will apply to the conduct of organisations, participants, and other persons who are bound by it in accordance with clause 21. An integrity code is secondary legislation for the purposes of the Legislation Act 2019 (which will provide the requirements for publication of the integrity code).

Clause 20 sets out consultation requirements for the making (or amendment or revocation) of an integrity code.

Clause 21 provides for who is bound by an integrity code. An organisation in the sport and physical recreation sector may adopt an integrity code. An integrity code binds that organisation and the participants or other persons who are members of the organisation or who agree to the application of the code as specified in clause 21(2)(b)(ii) and (iii).

Subclauses (3) and (4) deal with who is bound by the code if it is replaced or amended. Subclause (5) provides for the revocation of a code by an organisation.

Clause 22 requires the Commission to review each integrity code from time to time.

Anti-doping rules

Clause 23 provides that the Commission must make, and always have, anti-doping rules to implement the World Anti-Doping Code. The anti-doping rules made under the Sports Anti-Doping Act 2006 that are in force immediately before the commencement date of the Bill are the anti-doping rules for the purposes of the Bill (see Schedule 1). The anti-doping rules are secondary legislation for the purposes of the Legislation Act 2019 (which provides the requirements for publication of the rules).

Clause 24 sets out consultation requirements for the making (or amendment or revocation) of the anti-doping rules.

Clause 25 deals with who is bound by the anti-doping rules if they are replaced or amended.

Clause 26 requires the Commission to review the anti-doping rules from time to time.

Part 4Powers, investigations, and disciplinary panels

Clause 27 provides an overview of Part 4.

Subpart 1—Powers of Commission to comply with and implement anti-doping rules

Clause 28 sets out the powers of the Commission in respect of complying with and implementing the World Anti-Doping Code and the anti-doping rules.

Subpart 2—Powers of Commission to comply with and implement integrity codes

Clause 29 sets out the powers of the Commission in respect of complying with and implementing an integrity code.

Subpart 3—Integrity investigations

Clause 30 provides that subpart 3 applies to investigations under clauses 31 and 32 and not to investigations under the anti-doping rules. The powers of the Commission in relation to the anti-doping rules are contained in the rules.

Clause 31 provides the power for the Commission to investigate a breach of an integrity code. Subclause (3) sets out the powers of the Commission following an investigation.

Clause 32 provides that the Commission may investigate a threat to integrity (as defined in clause 5) in a situation where neither an integrity code nor the anti-doping rules apply.

Clause 33 provides that an investigation under clause 31 or 32 may be done in response to a complaint or on the Commission’s own initiative.

Powers relating to investigation under section 31 or 32

Clause 34 provides that the Commission may require information and documents from specified persons (the organisations involved in sport and recreation listed in subclause (3)). A request may be made if the information is relevant to an investigation under clause 31 or 32 and the other grounds in subclause (2) exist.

Clause 35 provides that the Commission may apply to the District Court for orders against a person who fails to comply with a requirement under clause 34.

Clause 36 provides that the Commission may refer the subject matter of a proposed or current investigation to any of the persons or bodies specified in subclause (5) if the Commission considers that the subject matter of the investigation relates to a matter that is more properly within the scope of the functions of the person or body.

Clause 37 provides that the Commission may publish a report relating to an investigation under clause 31 or 32.

Clause 38 provides particular confidentiality protection for information obtained by the Commission through a complaint about integrity or while conducting an investigation clause 31 or 32.

Clause 39 prohibits retaliation by an organisation in the sport and physical recreation sector against a participant if the participant makes, or intends to make, a complaint to the Commission or provides, or intends to provide, information for a Commission investigation. An integrity code may provide sanctions for a breach of this clause (see clause 19(2)(j))

Clause 40 prohibits victimisation of a person on any basis specified in subclause (1)(a) or (b). An integrity code may provide sanctions for a breach of this clause (see clause 19(2)(i)). A breach of this clause is also unlawful under the Human Rights Act 1993 (see subclause (4) and Schedule 2).

Subpart 4—Disciplinary panels

Clause 41 provides that, if provided for in an integrity code, the Commission may establish a disciplinary panel to consider and determine whether an integrity code, or an organisation’s policy made under an integrity code, has been breached by a participant and the sanction to be imposed for the breach.

Clause 42 specifies the powers of a disciplinary panel and the actions it may take after considering a matter referred to it.

Clause 43 provides that a party may appeal against a decision of a disciplinary panel to the Sports Tribunal.

Part 5General and miscellaneous provisions

Clause 44 provides for the Police, Customs, or any other person to share information with the Commission for the purposes of the anti-doping rules or an investigation under clause 31 or 32.

Clause 45 provides protections equivalent to those for a witness in court for a person giving information or documents to the Commission for the purpose of an investigation under clause 31 or 32. Information provided by the person is privileged in the same manner as if the investigation were a proceeding in a court.

Clause 46 provides that no civil or criminal proceedings may be brought against a person by reason only of that person’s compliance with any requirement to provide information to the Commission under the Bill.

Incorporation by reference

Clause 47 provides for the incorporation by reference in the anti-doping rules of the standards, requirements, and practices referred to in subclause (1). The provision applies the incorporation by reference provisions of the Legislation Act 2019 with some modifications (consistent with the effect of current sections 17 to 22 and 26 of the Sports Anti-Doping Act 2006).

Clause 48 provides that the provisions of the Legislation Act 2019 apply without modification to incorporation by reference in integrity codes.

Fees and charges

Clause 49 provides a power for the Commission to charge fees or impose charges for the provision of the provision of services, information, or advice requested from the Commission.

Clause 50 makes further provision in relation to anti-doping testing. Subclause (1) provides that the Commission must not charge a national sporting organisation for testing under a testing programme established under the anti-doping rules. Subclause (2) provides that the Commission may conduct testing not provided for under a testing programme established under the rules and may charge a national sporting organisation for that. Subclause (3) provides that athletes tested under subclause (2) are entitled to the same rights to which athletes are entitled under a testing programme established under the anti-doping rules.

Reporting on use of power to require information or documents

Clause 51 provides that the Commission must include in its annual report information about its use of powers to require information in the anti-doping rules, integrity codes, and under clause 34.

Miscellaneous provisions

Clause 52 provides that the Commission must not delegate the power to make, amend, or revoke an integrity code to an employee of the Commission.

Clause 53 relates to the application of the Government Superannuation Fund Act 1956 to persons who are contributors under that Act before becoming employees of the Commission.

Review of Act

Clause 54 requires the Minister to conduct a review of the Act within 5 years from its commencement.

Part 6Amendments to legislation

Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022

Clauses 55 and 56 amend the Protected Disclosures (Protection of Whistleblowers) Act 2022 to specify the Commission as an appropriate authority for the purposes of that Act for the reporting of concerns about sport and recreation.

Amendment to Sport and Recreation New Zealand Act 2002

Clauses 57 and 58 amend the Sport and Recreation New Zealand Act 2002. The function of Sport and Recreation New Zealand to facilitate the resolution of disputes between persons or organisations involved in physical recreation and sport is amended to exclude disputes to which the Bill will apply.

Amendments to Sports Anti-Doping Act 2006

Clauses 59 to 66 amend the Sports Anti-Doping Act 2006. The key amendments are—

the name of that Act is changed to the Sports Tribunal Act 2006:
Part 2 (which relates to Drug-Free Sport New Zealand and the anti-doping rules) is repealed:
the cap on the maximum number of members of the Sports Tribunal (9 members) is removed:
new functions of the Sports Tribunal are added relating to integrity codes (see clause 64).

Other amendments to Acts

Clause 67 and Schedule 2 make consequential amendments to other Acts.

Hon Grant Robertson

Integrity Sport and Recreation Bill

Government Bill

243—1

	Explanatory note
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Interpretation
5	Meaning of threat to integrity
6	Transitional, savings, and related provisions
7	Act binds the Crown
	Part 2 Integrity Sport and Recreation Commission
8	Integrity Sport and Recreation Commission established
9	Commission must act independently
10	Board of Commission
11	Eligibility for appointment as member of Board
12	Objective of Commission
13	Functions of Commission
14	Requirements for Commission’s procedures
15	Duties of Commission when carrying out its functions
16	Commission to have effective means of seeking views
17	Application of functions and powers outside New Zealand and to matters occurring outside New Zealand
18	Commission may perform functions in co-operation with others
	Part 3 Integrity codes and anti-doping rules
	Integrity codes
19	Commission may make integrity codes
20	Consultation on integrity code
21	Who is bound by integrity code
22	Commission must review integrity codes from time to time
	Anti-doping rules
23	Anti-doping rules
24	Consultation on anti-doping rules
25	Application of anti-doping rules amended or replaced
26	Commission must review anti-doping rules from time to time
	Part 4 Powers, investigations, and disciplinary panels
27	Overview of this Part
	Subpart 1—Powers of Commission to comply with and implement anti-doping rules
28	Powers of Commission to comply with and implement World Anti-Doping Code and anti-doping rules
	Subpart 2—Powers of Commission to comply with and implement integrity codes
29	Powers of Commission to comply with and implement integrity codes
	Subpart 3—Integrity investigations
30	Application of this subpart
31	Investigation into breach of integrity code
32	Investigation of threat to integrity
33	Initiation of investigation
	Powers relating to investigation under section 32 or 32
34	Power to require information or documents
35	Court may make orders for failure to comply with requirement under section 34
36	Referrals of matters to body or person
37	Commission may report on investigation
38	Confidentiality and disclosure of information relating to investigations
39	No retaliation against participant who makes complaint or provides information to Commission
40	No victimisation in relation to making complaint or providing information to Commission
	Subpart 4—Disciplinary panels
41	Commission may establish disciplinary panel
42	Powers and procedure of disciplinary panel
43	Appeal against decision of disciplinary panel
	Part 5 General and miscellaneous provisions
44	Sharing of evidence and information by Customs, police, and others
45	Privilege
46	Immunities for persons providing information
	Incorporation by reference
47	Incorporation by reference in anti-doping rules
48	Incorporation by reference in integrity codes
	Fees and charges
49	Powers of Commission to charge fees or impose charges
50	Charges for testing
	Reporting on use of power to require information or documents
51	Commission must report on use of power to require information or documents
	Miscellaneous provisions
52	Commission must not delegate power to make, amend, or revoke integrity code
53	Government Superannuation Fund
	Review of Act
54	Review of Act
	Part 6 Amendments to legislation
	Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022
55	Principal Act
56	Schedule 2 amended
	Amendment to Sport and Recreation New Zealand Act 2002
57	Principal Act
58	Section 8 amended (Functions)
	Amendments to Sports Anti-Doping Act 2006
59	Principal Act
60	Title of principal Act changed
61	Sections 3 and 4 replaced
	3	Purpose
	4	Interpretation
62	Part 2 repealed
63	Section 30 amended (Membership of Tribunal)
64	Section 38 amended (Functions of Tribunal)
65	Section 39 amended (Procedure of Tribunal)
66	Sections 49 to 54 and cross-headings repealed
	Other amendments to Acts
67	Other amendments to Acts
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Consequential amendments to other Acts

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Integrity Sport and Recreation Act 2023.

2 Commencement

(1)

This Act comes into force on a single date to be appointed by the Governor-General by Order in Council.

(2)

If this Act has not earlier been brought into force by Order in Council, it comes into force on 1 July 2024.

(3)

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to establish the Commission to,—

(a)

enhance integrity within sport and physical recreation to protect and promote the safety and well-being of participants and the fairness of competition:

(b)

with respect to anti-doping, give effect to the World Anti-Doping Code in New Zealand in order to achieve the Code’s purposes of—

(i)

protecting athletes’ fundamental right to participate in doping-free sport and in this way promote health, fairness, and equality for athletes worldwide; and

(ii)

ensuring harmonised, co-ordinated, and effective anti-doping programmes at an international and national level with regard to detection, deterrence, and prevention of doping.

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

anti-doping rules means the rules made under section 23

Commission means the Integrity Sport and Recreation Commission established under section 8

document has the same meaning as in section 4 of the Evidence Act 2006

integrity code means a code made under section 19

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

national recreational organisation means an organisation that represents members involved in a particular type of organised physical recreation event or activity in New Zealand (but does not include a local, regional, or other recreational organisation not operating at a national level)

national sporting organisation means an organisation that represents members involved in a particular type of sporting event or activity in New Zealand and, if a national organisation does not exist for a sport, includes a local, regional, or other sporting organisation

organisation means any body of persons, whether incorporated or unincorporated

participant,—

(a)

in relation to a sport, includes—

(i)

an individual who is a player, competitor, or any other person who takes part in the sport; and

(ii)

an official or administrator; and

(iii)

a coach, trainer, manager, agent, sports team staff member, person providing medical or para-medical services to an individual in subparagraph (i) or a team, a parent of an individual in subparagraph (i), and any other person working with, treating, or assisting an individual in subparagraph (i) or a team; and

(iv)

a volunteer providing services for the sport; and

(b)

in relation to organised physical recreation, includes an individual who takes part in, or gives instruction in, the physical recreation and any administrator or volunteer providing services for the physical recreation

rainbow communities means people with diverse sexual orientation, gender identity, gender expression, or sex characteristics

sport and physical recreation sector means—

(a)

organisations with a primary purpose of providing opportunities for participation in sport or organised physical recreation; and

(b)

participants; and

(c)

organisations with a primary purpose of providing services to organisations described in paragraph (a) or to participants (for example, participant associations); and

(d)

employees of organisations described in paragraphs (a) and (c)

Sport and Recreation New Zealand means the body established under section 7(1) of the Sport and Recreation New Zealand Act 2002

Sports Tribunal means the Sports Tribunal of New Zealand continued by section 29 of the Sports Tribunal Act 2006

threat to integrity has the meaning given in section 5

World Anti-Doping Code means the World Anti-Doping Code 2003 adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen; and includes any amendments to the Code adopted by the World Anti-Doping Agency from time to time.

(2)

Nothing in the definitions of participant and sport and physical recreation sector limits or affects the meaning of the terms athlete, athlete support person, and participant in the World Anti-Doping Code or the anti-doping rules.

(3)

A reference in this Act to a person being vulnerable refers to the person being vulnerable due to age, health status, impairment, or any other cause.

5 Meaning of threat to integrity

In this Act, unless the context otherwise requires, threat to integrity means—

(a)

manipulation of the result or course of a sporting competition or activity, and the misuse of inside information for sports betting:

(b)

the use of prohibited substances or doping methods in sport:

(c)

bullying, violence, abuse, sexual misconduct, intimidation, harassment, or racism or other discrimination in sport or organised physical recreation:

(d)

corruption, fraud, and other forms of deception or breach of trust in sport or organised physical recreation:

(e)

a failure by an organisation in the sport and physical recreation sector to take reasonable measures to—

(i)

prevent manipulation of sporting competitions and the misuse of inside information for sports betting; or

(ii)

prevent the use of prohibited substances or doping methods in sport; or

(iii)

protect all participants in sport or organised physical recreation from bullying, violence, abuse, sexual misconduct, intimidation, harassment, or racism or other discrimination; or

(iv)

safeguard children in sport or organised physical recreation; or

(v)

prevent corruption, fraud, and other forms of deception or breach of trust in sport and organised physical recreation.

6 Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

7 Act binds the Crown

This Act binds the Crown.

Part 2 Integrity Sport and Recreation Commission

8 Integrity Sport and Recreation Commission established

(1)

This section establishes the Integrity Sport and Recreation Commission.

(2)

The Integrity Sport and Recreation Commission is a Crown entity for the purposes of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Integrity Sport and Recreation Commission except to the extent that this Act expressly provides otherwise.

9 Commission must act independently

Except as expressly provided otherwise in this or any other Act, the Commission must act independently in performing its functions and duties and in exercising its powers under—

(a)

this Act; and

(b)

any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004).

Compare: 2006 No 58 s 8

10 Board of Commission

The board of the Commission consists of at least 7, but not more than 9, board members.

11 Eligibility for appointment as member of Board

(1)

When considering whether to recommend a person for appointment as a member of the board of the Commission, the Minister must ensure that—

(a)

the board collectively has knowledge and experience in matters relevant to the functions of the Commission, including knowledge of and experience in—

(i)

law; and

(ii)

sports medicine; and

(iii)

sport and physical recreation sector participation and administration, such as participant associations; and

(iv)

human rights, in particular the rights of children and young people; and

(v)

te Tiriti o Waitangi/the Treaty of Waitangi; and

(b)

at least 2 members of the board have experience and expertise in te ao Māori and tikanga Māori.

(2)

A person who is a member of the board, or an employee, of Sport and Recreation New Zealand or a subsidiary of Sport and Recreation New Zealand is not eligible to be a member of the board of the Commission.

12 Objective of Commission

In performing its functions and exercising its powers under this Act, the Commission’s objective is to achieve the purposes in section 3(a) and (b) by—

(a)

preventing and addressing threats to integrity in sport and organised physical recreation; and

(b)

promoting participants’ trust and confidence in integrity within the sport and physical recreation sector.

13 Functions of Commission

The functions of the Commission are—

Promoting, advising, and leading on integrity in sport and recreation

(a)

to provide advice, support, education, and guidance relating to integrity in sport and organised physical recreation:

(b)

to advocate and promote respect for, and enhance understanding and appreciation of, integrity in sport and organised physical recreation:

(c)

to engage with the sport and physical recreation sector to monitor developments relating to integrity:

(d)

to be a leader on integrity issues in sport and organised physical recreation within government and to co-ordinate with relevant international bodies:

Integrity codes, investigations, discipline, and dispute resolution

(e)

to develop and issue integrity codes under Part 3:

(f)

to provide mechanisms for complaints and disclosures relating to integrity in the sport and recreation sector:

(g)

to provide accessible and culturally responsive mechanisms for resolution of disputes relating to integrity between persons or organisations involved in sport and organised physical recreation:

(h)

to investigate matters relating to integrity in the sport and physical recreation sector in accordance with Part 4:

(i)

to provide a disciplinary process for breaches of integrity codes:

Sports anti-doping

(j)

to make anti-doping rules in accordance with sections 23 to 26:

(k)

to do all things necessary to comply with and implement the anti-doping rules:

(l)

to do all things necessary to comply with and implement any Article of the World Anti-Doping Code that—

(i)

is not required to be reflected in the anti-doping rules; but

(ii)

requires the Commission to do something:

(m)

to facilitate compliance by New Zealand with all international agreements and arrangements concerning doping in sport to which New Zealand is a party:

(n)

to test athletes who are not citizens or residents of New Zealand, and notify the test results, in accordance with bilateral or multilateral agreements entered into with foreign governments, foreign anti-doping organisations, or other signatories to the World Anti-Doping Code, and enter into reciprocal testing agreements in relation to athletes who are citizens or residents of New Zealand:

(o)

to consult, advise, and assist—

(i)

government departments, local authorities, Sport and Recreation New Zealand, the New Zealand Olympic Committee Incorporated, Paralympics New Zealand, national sporting organisations, athletes, and other bodies or persons on any matters concerned with doping in sport, and related matters:

(ii)

government and non-government organisations and other persons overseas, for the purpose of promoting the adoption of uniform international testing procedures for doping in sport:

General

(p)

to advise the Minister from time to time on any matters related to integrity in sport and organised physical recreation:

(q)

to generally take all steps necessary or desirable to achieve the purposes in section 3(a) and (b):

(r)

to perform any other functions that—

(i)

are conferred on the Commission by this or any other enactment; or

(ii)

the Minister may direct in accordance with section 112 of the Crown Entities Act 2004.

14 Requirements for Commission’s procedures

(1)

In the performance of its functions and the exercise of its powers, the Commission must establish for its use procedures that—

(a)

are appropriate and fair in the circumstances; and

(b)

reflect the needs of participants; and

(c)

protect participants’ human rights, including their right to privacy; and

(d)

promote the best interests of children and young people; and

(e)

comply with the anti-doping rules and integrity codes.

(2)

In this section, the needs of participants includes their psychological needs and other needs such as those based on vulnerability, culture, language, gender identity and expression, sexual orientation, sex characteristics, and disability.

Compare: 2006 No 58 s 15(3)

15 Duties of Commission when carrying out its functions

The Commission must maintain the capability and capacity to carry out its functions in a manner that is responsive to—

(a)

tikanga Māori and the rights and interests of Māori; and

(b)

te Tiriti o Waitangi/the Treaty of Waitangi.

16 Commission to have effective means of seeking views

The Commission must establish effective means of seeking the views of participants, Māori, and other relevant stakeholders, including Pacific peoples, disabled people, children and young people, and rainbow communities.

17 Application of functions and powers outside New Zealand and to matters occurring outside New Zealand

(1)

The Commission’s functions may be performed, and its powers may be exercised, outside New Zealand if permitted, or required, under an international agreement to which New Zealand is a party.

(2)

The Commission may exercise the power under section 31 (and a disciplinary panel may exercise the power under subpart 4 of Part 4) in respect of any act or omission by an organisation that has adopted an integrity code, or a person who is bound by an integrity code, whether or not the act or omission occurred in New Zealand.

(3)

The Commission may exercise the power under section 32 in respect of any act or omission outside New Zealand by—

(a)

an organisation that is established in, or primarily operates in, New Zealand; or

(b)

a participant whose participation in a sport or organised physical recreation event or activity is being facilitated by an organisation described in paragraph (a) at the time of the act or omission.

(4)

The Commission may exercise a power conferred under section 19(2)(g)(i) or 23(4)(a), or the power under section 34, regardless of whether the person from whom the information is required is in New Zealand at the time of the request.

Compare: 2006 No 58 s 15(1)

18 Commission may perform functions in co-operation with others

The Commission may perform any of its functions in co-operation with any person, body, association, or organisation.

Compare: 2006 No 58 s 15(2)

Part 3 Integrity codes and anti-doping rules

Integrity codes

19 Commission may make integrity codes

(1)

The Commission may make 1 or more integrity codes.

(2)

An integrity code may—

(a)

specify rights of participants in relation to integrity in sport and physical recreation:

(b)

set out minimum standards of conduct or procedural requirements for the purpose of preventing threats to integrity:

(c)

require an organisation that adopts the integrity code to have policies and procedures for responding to concerns about integrity (including complaints-handling and disciplinary procedures) that comply with minimum requirements set out in the integrity code:

(d)

prescribe mechanisms for the making of complaints and disclosures to the Commission:

(e)

prescribe culturally responsive dispute resolution procedures to be provided by the Commission and the types of disputes that may be referred to those procedures:

(f)

require an organisation that adopts the integrity code or a participant, or other person, who has agreed to be bound by the integrity code to—

(i)

provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of any investigation conducted by the Commission under section 31 or 32:

(ii)

co-operate fully with an investigation under section 31 or 32 or any disciplinary process, for example, by attending a hearing or an interview:

(g)

require an organisation that adopts the integrity code to provide to the Commission information or documents that the Commission considers reasonably necessary for the purpose of monitoring implementation of the integrity code:

(h)

require an organisation that adopts the integrity code to report to the Commission issues of serious concern (which may be further specified in the integrity code) regarding integrity:

(i)

in relation to breaches by an individual of the integrity code, a policy or procedure made under the integrity code, or section 40,—

(i)

provide for reasonable and proportionate sanctions in the nature of conditions or restrictions on that individual’s participation in any sport or organised physical recreation to which the integrity code applies; and

(ii)

require an organisation that adopts the integrity code to enforce sanctions prescribed in the integrity code under subparagraph (i) (including a sanction the organisation was required by a disciplinary panel under subpart 4 of Part 4 to impose):

(j)

in relation to breaches of the integrity code, a policy or procedure made under the integrity code, or section 39 by an organisation, prescribe reasonable and proportionate actions that the Commission may require the organisation to take by way of remedy, including—

(i)

issuing an apology or paying compensation to any person:

(ii)

taking steps to change the organisation’s policies or procedures:

(k)

prescribe—

(i)

the circumstances in which a matter may be referred to a disciplinary panel under subpart 4 of Part 4; and

(ii)

the composition of a disciplinary panel:

(iii)

the procedure of a disciplinary panel:

(l)

prescribe criteria that an organisation that adopts the integrity code must satisfy in order to gain a dispensation from any provisions of the integrity code and any necessary modifications to the integrity code that apply where a dispensation is granted:

(m)

contain any other matters necessary or desirable to promote integrity in sport or organised physical recreation.

(3)

An integrity code may—

(a)

relate to the whole or a specified part of the sport and physical recreation sector; and

(b)

concern all threats to integrity or specified threats to integrity.

(4)

No integrity code may prescribe matters for which anti-doping rules have been or could be made under section 23.

(5)

An integrity code may, consistently with section 17, provide that it applies to acts or omissions that occur outside New Zealand.

(6)

An integrity code made under this section—

(a)

is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

comes into force on the later of—

(i)

the date that is 28 days after it is published under that Act; and

(ii)

the date specified in the integrity code.

20 Consultation on integrity code

(1)

Before making an integrity code, the Commission must consult participants, Māori, other relevant stakeholders (including Pacific peoples, disabled people, children and young people, and rainbow communities), and the Privacy Commissioner on the proposed code.

(2)

Subsection (1) does not apply to an amendment to an integrity code if the Commission is satisfied that the amendment—

(a)

is only correcting a minor error; or

(b)

is otherwise of a minor nature only.

21 Who is bound by integrity code

(1)

An organisation in the sport and physical recreation sector may, in the manner provided in the code, adopt an integrity code.

(2)

An integrity code binds—

(a)

an organisation that adopts it; and

(b)

any participant or other person who, or body or persons that,—

(i)

is a member of the organisation; or

(ii)

agrees with the organisation that the code will apply to the participant, other person, or body or persons; or

(iii)

otherwise agrees to the application of the code.

(3)

If an integrity code is replaced,—

(a)

the replacement code applies to an organisation to which, or participant or other person to whom, the replaced code applied immediately before the replacement; and

(b)

the organisation, participant, or other person is not required to take steps to adopt the replacement code.

(4)

If an integrity code is amended,—

(a)

the code as amended applies to an organisation to which, or participant or other person to whom, the code applied immediately before the amendment; and

(b)

the organisation, participant, or other person is not required to take steps to adopt the code as amended.

(5)

An organisation that has adopted an integrity code may, in the manner provided in the code, revoke its adoption of the code.

(6)

For the purposes of this section, a person is a member of an organisation if the person has agreed to be, and has been accepted as, a member of that organisation.

22 Commission must review integrity codes from time to time

(1)

The Commission must review each integrity code from time to time for the purpose of ensuring that it remains fit for purpose and meets the needs of participants.

(2)

Sections 19 to 21 apply, with the necessary modifications, to the making of a new or an amended code.

Anti-doping rules

23 Anti-doping rules

(1)

The Commission must make, and always have, anti-doping rules to implement the World Anti-Doping Code.

(2)

To the extent that the World Anti-Doping Code requires specified Articles of the Code to be incorporated into the anti-doping rules without substantive changes (allowing for necessary non-substantive editing changes in order to refer to things like sports, section numbers, and the Commission’s name), the anti-doping rules must incorporate those Articles in that manner.

(3)

In addition, the Commission may make any other anti-doping rules that are necessary or desirable to govern the practice and procedure of the Commission’s functions under section 13(j) to (o).

(4)

Without limiting subsection (3), the Commission may make anti-doping rules—

(a)

requiring an organisation to which, or individual to whom, the anti-doping rules apply to—

(i)

provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of performing its function to comply with and implement the anti-doping rules:

(ii)

co-operate fully with an investigation under the anti-doping rules, for example, by attending a hearing or an interview:

(b)

providing for reasonable and proportionate sanctions for a breach of a requirement referred to in paragraph (a).

(5)

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

(6)

Rules made under this section—

(a)

are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and

(b)

come into force on the later of—

(i)

the date that is 28 days after they are published under that Act; and

(ii)

the date specified in the rules.

Compare: 2006 No 58 s 16

24 Consultation on anti-doping rules

(1)

Before making an anti-doping rule, the Commission must consult national sporting organisations, athletes, the Sports Tribunal, Māori, and the Privacy Commissioner on the proposed rule.

(2)

Subsection (1) does not apply to an amendment to the anti-doping rules if the Commission is satisfied that the amendment—

(a)

is only correcting a minor error; or

(b)

is otherwise of a minor nature only.

25 Application of anti-doping rules amended or replaced

(1)

If the anti-doping rules are replaced,—

(a)

the replacement anti-doping rules apply to any organisation to which, or individual to whom, the replaced anti-doping rules applied immediately before the replacement; and

(b)

the organisation or individual is not required to take steps to agree to the replacement anti-doping rules.

(2)

If the anti-doping rules are amended,—

(a)

the anti-doping rules as amended apply to any organisation to which, or individual to whom, the anti-doping rules applied immediately before the amendment; and

(b)

the organisation or individual is not required to take steps to agree to the anti-doping rules as amended.

26 Commission must review anti-doping rules from time to time

(1)

The Commission must review the anti-doping rules from time to time for the purpose of ensuring that they comply with this Act.

(2)

Sections 23 to 25 and 47 apply, with the necessary modifications, to the making of a new or an amended rule.

Compare: 2006 No 58 s 23

Part 4 Powers, investigations, and disciplinary panels

27 Overview of this Part

(1)

Subpart 1 confers powers on the Commission to comply with and implement the World Anti-Doping Code and the anti-doping rules. The anti-doping rules set out the detail of the testing and investigation powers of the Commission under the rules.

(2)

Subpart 2 deals with the powers of the Commission to comply with and implement an integrity code.

(3)

Subpart 3 confers investigative powers relating to breaches of integrity codes and in relation to threats to integrity.

(4)

Subpart 4 deals with disciplinary panels that the Commission may establish to determine a sanction to be imposed as specified in an integrity code.

(5)

This section is intended only as a guide to the overall scheme and effect of this Part.

Subpart 1—Powers of Commission to comply with and implement anti-doping rules

28 Powers of Commission to comply with and implement World Anti-Doping Code and anti-doping rules

The Commission may—

(a)

take all steps necessary to comply with and implement the World Anti-Doping Code in accordance with this Act; and

(b)

take all steps necessary to comply with and implement the anti-doping rules.

Subpart 2—Powers of Commission to comply with and implement integrity codes

29 Powers of Commission to comply with and implement integrity codes

The Commission may take all steps necessary to comply with and implement an integrity code.

Subpart 3—Integrity investigations

30 Application of this subpart

(1)

This subpart—

(a)

applies to investigations under sections 31 and 32:

(b)

does not apply to investigations conducted under the anti-doping rules.

(2)

Nothing in this subpart limits or affects the functions and powers of the Commission under the anti-doping rules.

31 Investigation into breach of integrity code

(1)

The Commission may investigate anything that is or appears to the Commission to be a breach of an integrity code by an organisation, participant, or other person who is bound by it.

(2)

The investigation must be conducted in accordance with the provisions of the integrity code and this subpart.

(3)

Following an investigation under this section, the Commission may—

(a)

refer the matter to a disciplinary process (including a disciplinary panel) provided for in the code:

(b)

take or recommend the taking of any actions prescribed in the code under section 19(2)(i) or (j) that the Commission thinks fit for promoting the resolution of the matter; or

(c)

take any other action consistent with the code that the Commission considers is necessary and appropriate:

(d)

publish a report on the investigation in accordance with section 37.

32 Investigation of threat to integrity

(1)

The Commission may investigate anything to which neither section 31 nor the anti-doping rules apply if—

(a)

the matter is or appears to the Commission to be a threat to integrity; and

(b)

the Commission is satisfied that an investigation by the Commission is in the public interest.

(2)

For the purpose of subsection (1)(b), the Commission—

(a)

must take into account—

(i)

the severity of the potential threat to integrity and whether the threat appears to be ongoing:

(ii)

the best interests of participants (including any vulnerabilities of the participants concerned):

(iii)

whether the threat to integrity appears to be at an organisational level or concerns more than 1 organisation:

(iv)

whether the matter has been, or is being, investigated by another relevant body:

(v)

if the matter concerns a particular organisation, the views of the organisation and relevant participants on the need for an investigation; and

(b)

may take into account any other matter the Commission thinks fit.

(3)

Following an investigation under this section, the Commission may publish a report in accordance with section 37.

33 Initiation of investigation

The Commission may investigate under section 31 or 32 in response to a complaint or on its own initiative.

Powers relating to investigation under section 32 or 32

34 Power to require information or documents

(1)

If the conditions in subsection (2) are satisfied, the Commission may, by notice in writing, require a specified person—

(a)

to provide the Commission or a specified employee of the Commission with any information the Commission requires; or

(b)

to produce to the Commission or a specified employee of the Commission any document in the custody or under the control of that person, and to allow copies of, or extracts from, any such document to be made or taken; or

(c)

to provide to the Commission or to a specified employee of the Commission copies or extracts from documents in the custody or under the control of that person.

(2)

The conditions referred to in subsection (1) are that the Commission believes, on reasonable grounds, that—

(a)

the information is relevant to an investigation under section 31 or 32; and

(b)

the information or document or extract cannot be obtained from the specified person, or any other person, by consent; and

(c)

the person holds or is likely to hold the information or document.

(3)

In this section, specified person means—

(a)

Sport and Recreation New Zealand:

(b)

a subsidiary of Sport and Recreation New Zealand:

(c)

the New Zealand Olympic Committee Incorporated:

(d)

Paralympics New Zealand Incorporated:

(e)

a national sporting organisation:

(f)

an affiliate of a national sporting organisation:

(g)

a national recreational organisation.

35 Court may make orders for failure to comply with requirement under section 34

(1)

The Commission may apply to the District Court for orders against a person on the grounds that the person has failed to comply with a requirement under section 34.

(2)

The court may, on the application of the Commission, make either or both of the following orders if the court is satisfied that the person has failed to comply with the requirement:

(a)

an order directing the person to comply with the requirement specified in the notice:

(b)

any other order that the court considers appropriate.

(3)

The court may require a person to produce documents or provide other information to the court for the purposes of determining an application under this section.

(4)

The court may make an order under this section subject to any conditions the court thinks appropriate.

36 Referrals of matters to body or person

(1)

This section applies if, in the course of conducting or proposing to conduct an investigation under section 31 or 32, the Commission considers that the subject matter of the investigation relates, in whole or in part, to a matter that is more properly within the scope of the functions of a person or body referred to in subsection (5).

(2)

The Commission must, without delay, consult the person or body in order to determine the appropriate means of dealing with the subject matter.

(3)

As soon as practicable after consulting the person or body concerned, the Commission must determine whether the subject matter should be dealt with, in whole or in part, under this Act.

(4)

If the Commission determines that the subject matter should be dealt with, in whole or in part, by a person or body referred to in subsection (5), the Commission must, without delay, refer the subject matter or, as the case requires, the appropriate part of the subject matter to that person or body.

(5)

The persons or bodies referred to in subsection (1) are—

(a)

the Human Rights Commission under the Human Rights Act 1993:

(b)

the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989:

(c)

the Commissioner of Police:

(d)

the Health and Disability Commissioner:

(e)

an Ombudsman exercising jurisdiction under the Ombudsmen Act 1975:

(f)

the Privacy Commissioner:

(g)

the Director of the Serious Fraud Office:

(h)

any other person or body.

Compare: 2003 No 121 s 19

37 Commission may report on investigation

(1)

The Commission may publish a report relating to an investigation under section 31 or 32.

(2)

A report published under this section must not contain personal information unless—

(a)

the individual concerned consents to their personal information being included in the report; or

(b)

the Commission considers that the public interest in including the personal information in the report outweighs the individual’s privacy interests.

(3)

In this section, personal information has the same meaning as in section 7(1) of the Privacy Act 2020.

38 Confidentiality and disclosure of information relating to investigations

(1)

The Commission must keep confidential any information obtained through a complaint about integrity or while conducting an investigation under section 31 or 32 if that information might identify a complainant or any other person who has provided information during an investigation.

(2)

Despite subsection (1), the Commission may disclose information referred to in that subsection if—

(a)

the person who would be identified consents to the disclosure of the information; or

(b)

the Commission believes on reasonable grounds that the disclosure of the information is necessary—

(i)

for the effective investigation of the complaint or the effective conduct of the investigation, if commenced, or for disciplinary processes arising from the investigation; or

(ii)

to prevent or lessen a serious risk to public health, public safety, or to the health or safety of any individual; or

(iii)

for an investigation by a law enforcement or regulatory agency for the purpose of law enforcement; or

(iv)

for the conduct of proceedings before any court or tribunal (that is, proceedings that have been commenced or are reasonably in contemplation); or

(v)

for the purposes of a report that the Commission may issue in accordance with section 37; or

(c)

the Commission is required to disclose the information under any other legislation (including the Privacy Act 2020 and the Official Information Act 1982).

(3)

Before releasing identifying information for a reason described in subsection (2)(b) or (c),—

(a)

if the release is for the reason described in subsection (2)(b)(i), (iii), or (v), the Commission must consult the person who would be identified about the release; or

(b)

if the release is for the reason described in subsection (2)(b)(ii) or (iv), the Commission must, if practicable, consult the person who would be identified about the release.

(4)

After releasing identifying information for a reason described in subsection (2)(b), the Commission must inform the person who is identified by it.

(5)

Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022.

(6)

In this section, law enforcement or regulatory agency includes bodies within the meaning of law enforcement agency in section 3(1) of the Search and Surveillance Act 2012.

39 No retaliation against participant who makes complaint or provides information to Commission

(1)

An organisation in the sport and physical recreation sector must not retaliate, or threaten to retaliate, against a participant because the participant—

(a)

makes or intends to make a complaint to the Commission; or

(b)

provides or intends to provide information to the Commission for the purposes of an investigation under section 31 or 32.

(2)

For the purpose of this section, retaliate, in relation to a participant, means subjecting, or organising to subject, the participant to any detriment or disadvantage (including any detrimental or disadvantageous effect on the participant’s selection for activities, events, or competitions in sport or physical recreation) in circumstances in which other participants in those activities, events, or competitions are not or would not be subjected to such detriment or disadvantage.

40 No victimisation in relation to making complaint or providing information to Commission

(1)

A person (A) must not treat, or threaten to treat, another person (B) less favourably than A would treat other persons in the same or substantially similar circumstances because—

(a)

B (or a relative or an associate of B)—

(i)

makes or intends to make a complaint to the Commission; or

(ii)

provides or intends to provide information to the Commission for the purposes of an investigation; or

(iii)

has encouraged another person to take an action described in subparagraph (i) or (ii); or

(iv)

has given information in support of, or relating to, an action described in subparagraph (i) or (ii); or

(b)

A believes or suspects that B (or a relative or an associate of B) intends to do, or has done, anything described in paragraph (a).

(2)

Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.

(3)

Subsection (4) applies if a breach of subsection (1) occurs where there is no applicable integrity code to which person A is bound under which the breach can be dealt with and sanctioned.

(4)

A breach of subsection (1) is unlawful under section 66(3) of the Human Rights Act 1993.

Subpart 4—Disciplinary panels

41 Commission may establish disciplinary panel

(1)

If provided for in an integrity code, the Commission may establish a disciplinary panel to consider and determine whether an integrity code, or an organisation’s policy made under an integrity code, has been breached by a participant and the sanction to be imposed for the breach.

(2)

The composition of the disciplinary panel must be as prescribed in the relevant integrity code.

(3)

A disciplinary panel does not have jurisdiction to deal with any matter arising between an employer and the employer’s employee concerning the terms and conditions of the employee’s employment, a dispute about the interpretation, application, or operation of an employment agreement, or a personal grievance.

(4)

The Commission must ensure that the disciplinary panel function is performed independently from its function of conducting investigations under sections 31 and 32.

42 Powers and procedure of disciplinary panel

(1)

A disciplinary panel may, for the purpose of considering and determining a matter described in section 41(1),—

(a)

request information from the parties or from any other person:

(b)

interview any of the parties.

(2)

Having considered the matter, a disciplinary panel may—

(a)

recommend that no further action be taken:

(b)

refer the matter back to the Commission or the organisation concerned for further investigation, determination of a sanction under the integrity code, or any other action:

(c)

require an organisation to impose a sanction specified by the panel from those available under the relevant integrity code or the organisation’s policies made under the integrity code.

(3)

The disciplinary panel must comply with the procedure prescribed for the panel in the relevant integrity code.

43 Appeal against decision of disciplinary panel

(1)

A party to a matter that is referred to a disciplinary panel may appeal to the Sports Tribunal against the whole or any part of a decision of the panel.

(2)

The party may bring the appeal by giving notice in writing to the Sports Tribunal within 1 month after the party has received notice of the decision of the disciplinary panel.

Part 5 General and miscellaneous provisions

44 Sharing of evidence and information by Customs, police, and others

A Police employee, a Customs officer, or any other person may provide evidence or information to the Commission if that person believes that the evidence or information may assist the Commission—

(a)

in complying with or implementing the anti-doping rules or an integrity code; or

(b)

in an investigation under section 31 or 32.

Compare: 2006 No 58 s 28

45 Privilege

(1)

A person has the same privileges in relation to the giving of information, and the production of documents, to the Commission for the purpose of an investigation under section 31 or 32 as witnesses have in any court.

(2)

Any information supplied by a person in the course of an investigation by the Commission under section 31 or 32 is privileged in the same manner as if the investigation were a proceeding in a court.

(3)

For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report made by the Commission under this Act is to be taken to be an official report.

46 Immunities for persons providing information

No civil or criminal proceedings may be brought against a person by reason only of that person’s compliance with any requirement to provide information to the Commission under this Act.

Incorporation by reference

47 Incorporation by reference in anti-doping rules

(1)

The following, whether in written or electronic form, may be incorporated by reference in the anti-doping rules:

(a)

standards, requirements, or recommended practices of the World Anti-Doping Agency:

(b)

the World Anti-Doping Agency’s International Standards:

(c)

the World Anti-Doping Agency’s Models of Best Practice.

(2)

Part 3 of the Legislation Act 2019 applies (as modified by this section) as if the material were incorporated in reliance on section 64 of that Act.

(3)

Clause 1 of Schedule 2 of the Legislation Act 2019 does not apply.

(4)

The rest of that Schedule 2 applies as if references to the chief executive of the administering agency were references to the chief executive of the Commission.

48 Incorporation by reference in integrity codes

Nothing in section 47 limits the application of sections 63 to 66 of the Legislation Act 2019 to integrity codes.

Fees and charges

49 Powers of Commission to charge fees or impose charges

(1)

The Commission may charge any fees, or impose any charges, that are reasonable in respect of the provision of services, information, or advice requested from the Commission, other than information supplied to an individual relating to the individual.

(2)

The amount or rate of a fee or charge under this section 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.

Compare: 2006 No 58 s 13

50 Charges for testing

(1)

The Commission must not charge a national sporting organisation for testing conducted under a testing programme established under the anti-doping rules.

(2)

The Commission may, at the request of a national sporting organisation, conduct testing not provided for under a testing programme established under the anti-doping rules, and may charge the national sporting organisation fees for that testing.

(3)

If the Commission conducts testing under subsection (2), athletes are entitled to the same rights to which athletes are entitled under a testing programme established under the anti-doping rules.

Compare: 2006 No 58 s 14

Reporting on use of power to require information or documents

51 Commission must report on use of power to require information or documents

The Commission must include the following information in its annual report under section 150 of the Crown Entities Act 2004:

(a)

each instance where the Commission has used a power conferred under section 19(2)(f)(i) or 23(4)(a), or the power under section 34; and

(b)

a description of the individual or organisation from whom the information or documents were requested (in a form that does not identify any individual); and

(c)

whether the information or documents were provided; and

(d)

if the information or documents were not provided, what, if any, enforcement action was taken and the outcome of that enforcement action.

Miscellaneous provisions

52 Commission must not delegate power to make, amend, or revoke integrity code

Despite section 73 of the Crown Entities Act 2004, the Commission must not delegate the power to make, amend, or revoke an integrity code to an employee of the Commission.

53 Government Superannuation Fund

(1)

Any person who, immediately before becoming an employee of the Commission, 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 the person continues to be an employee of the Commission.

(2)

The Government Superannuation Fund Act 1956 applies to the person in all respects as if that person’s service as an employee of the Commission were Government service.

(3)

Subsection (1) does not entitle a person to become a contributor to the Government Superannuation Fund if that person has ceased to be a contributor.

(4)

For the purpose of applying the Government Superannuation Fund Act 1956, the Commission is the controlling authority.

Compare: 2006 No 58 s 11(2)–(5)

Review of Act

54 Review of Act

(1)

The Minister must, within 5 years from the commencement of this Act, commence a review of how widely and effectively integrity codes have been implemented.

(2)

The Minister must ensure that, during the review, the people and organisations that the Minister thinks appropriate are consulted.

(3)

The Minister must prepare a report on the review, including any recommendations for change necessary to this Act to improve adoption of and compliance with the integrity codes.

(4)

The Minister must present the report to the House of Representatives as soon as practicable after it has been completed.

Part 6 Amendments to legislation

Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022

55 Principal Act

Section 56 amends the Protected Disclosures (Protection of Whistleblowers) Act 2022.

56 Schedule 2 amended

In Schedule 2, insert in its appropriate alphabetical order:

Sport and recreation

Integrity Sport and Recreation Commission

Amendment to Sport and Recreation New Zealand Act 2002

57 Principal Act

Section 58 amends the Sport and Recreation New Zealand Act 2002.

58 Section 8 amended (Functions)

In section 8(i), after “disputes”, insert “(other than disputes to which the Integrity Sport and Recreation Act 2023 applies)”.

Amendments to Sports Anti-Doping Act 2006

59 Principal Act

Sections 60 to 66 amend the Sports Anti-Doping Act 2006.

60 Title of principal Act changed

In section 1, replace “Sports Anti-Doping” with “Sports Tribunal”.

61 Sections 3 and 4 replaced

Replace sections 3 and 4 with:

3 Purpose

The purpose of this Act is to continue the Tribunal as an independent body charged with—

(a)

implementing the World Anti-Doping Code in New Zealand; and

(b)

hearing, considering, and determining other sports-related and integrity matters.

4 Interpretation

In this Act, unless the context otherwise requires,—

anti-doping rules means the rules made under section 23 of the Integrity Sport and Recreation Act 2023

integrity code means a code made under section 19 of the Integrity Sport and Recreation Act 2023

Minister means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

national sporting organisation means a body that represents members involved in a particular type of sporting event or activity in New Zealand and, if a national organisation does not exist for a sport, includes a local, regional, or other sporting organisation

Tribunal means the Sports Tribunal of New Zealand continued by section 29 and previously known as the Sports Disputes Tribunal of New Zealand.

62 Part 2 repealed

Repeal Part 2.

63 Section 30 amended (Membership of Tribunal)

Replace section 30(1) with:

(1)

The Tribunal consists of the number of members (which must be not less than 5) as may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Tribunal.

64 Section 38 amended (Functions of Tribunal)

(1)

In section 38(a), replace “rules” with “anti-doping rules and integrity codes”.

(2)

After section 38(a), insert:

(aa)

determine disputes arising from the application of an integrity code; and

(ab)

hear an appeal against a decision of a disciplinary panel under subpart 4 of Part 4 of the Integrity Sport and Recreation Act 2023; and

(ac)

hear an appeal against a decision of a disciplinary body established by an organisation that has adopted an integrity code; and

(3)

In section 38(c), replace “rules” with “anti-doping rules”.

(4)

In section 38(d), after “New Zealand”, insert “or the Integrity Sport and Recreation Commission”.

65 Section 39 amended (Procedure of Tribunal)

In section 39(2), replace “rules” with “anti-doping rules” in each place.

66 Sections 49 to 54 and cross-headings repealed

Repeal sections 49 to 54 and the cross-headings above sections 49 and 53.

Other amendments to Acts

67 Other amendments to Acts

Amend the legislation specified in Schedule 2 as set out in that schedule.

Schedule 1 Transitional, savings, and related provisions

s 6

Part 1 Provisions relating to this Act as enacted

1 Meaning of commencement date

In this schedule, commencement date means the date on which this Act comes into force.

Transition from Drug Free Sport New Zealand to Commission

2 Drug Free Sport New Zealand disestablished

(1)

Drug Free Sport New Zealand is disestablished.

(2)

The members of Drug Free Sport New Zealand cease to hold office at the close of the day before the commencement date.

3 Consequences of disestablishment of Drug Free Sport New Zealand

(1)

On the commencement date,—

(a)

all property belonging to Drug Free Sport New Zealand vests in the Commission; and

(b)

all information and documents held by Drug Free Sport New Zealand are held by the Commission; and

(c)

all money payable to or by Drug Free Sport New Zealand becomes payable to or by the Commission; and

(d)

all rights, liabilities, contracts, entitlements, and engagements of Drug Free Sport New Zealand become the rights, liabilities, contracts, entitlements, and engagements of the Commission; and

(e)

subject to subclause (5), every employee of Drug Free Sport New Zealand becomes an employee of the Commission on the same terms and conditions as applied immediately before they became an employee of the Commission; and

(f)

anything done, or omitted to be done, or that is to be done, by or in relation to Drug Free Sport New Zealand is to be treated as having been done, or having been omitted to be done, or to be done, by or in relation to the Commission; and

(g)

proceedings that may be commenced, continued, or enforced by or against Drug Free Sport New Zealand may instead be commenced, continued, or enforced by or against the Commission without amendment to the proceedings; and

(h)

a matter or thing that could, but for this clause, have been completed by Drug Free Sport New Zealand may be completed by the Commission.

(2)

The transfer of information from Drug Free Sport New Zealand to the Commission under subclause (1) does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

(3)

For the purposes of the Inland Revenue Acts (as defined in section 3(1) of the Tax Administration Act 1994), Drug Free Sport New Zealand and the Commission are treated as the same person.

(4)

The disestablishment of Drug Free Sport New Zealand does not, by itself, affect any of the following matters:

(a)

any decision made, or anything done or omitted to be done, by Drug Free Sport New Zealand in relation to the performance or exercise of its functions, powers, or duties under any enactment:

(b)

any proceedings commenced by or against Drug Free Sport New Zealand:

(c)

any other matter or thing arising out of Drug Free Sport New Zealand’s performance or exercise, or purported performance or exercise, of its functions, powers, or duties under any legislation.

(5)

Despite subclause (1)(e), the chief executive of Drug Free Sport New Zealand does not become an employee of the Commission under this schedule.

4 References to Drug Free Sport New Zealand

On and from the commencement date, unless the context otherwise requires, every reference to Drug Free Sport New Zealand in any contract or other instrument, document, or notice must be read as a reference to the Commission.

5 Transfer of employees from Drug Free Sport New Zealand to Commission

(1)

This clause applies to a person who becomes an employee of the Commission under clause 3(1)(e) (a transferred employee).

(2)

The terms and conditions of employment of a transferred employee immediately before the commencement date continue to apply in relation to that employee until—

(a)

those terms and conditions are varied by agreement between the transferred employee and the Commission; or

(b)

the transferred employee accepts a subsequent appointment with the Commission.

(3)

For the purposes of every enactment, law, determination, contract, and agreement relating to the employment of a transferred employee,—

(a)

the employment agreement of that employee is to be treated as unbroken; and

(b)

the employee’s period of service with Drug Free Sport New Zealand, and every other period of service of that employee that is recognised by Drug Free Sport New Zealand as continuous service, is to be treated as a period of service with the Commission.

(4)

To avoid doubt, the employment of a transferred employee by the Commission does not constitute new employment for the purposes of the Holidays Act 2003 or the KiwiSaver Act 2006.

(5)

A transferred employee is not entitled to receive any payment or benefit from Drug Free Sport New Zealand or the Commission on the grounds that the person’s position in Drug Free Sport New Zealand has ceased to exist or the person has ceased to be an employee of Drug Free Sport New Zealand as a result of the transfer to the Commission.

(6)

This clause overrides Part 6A of the Employment Relations Act 2000.

6 Restriction on compensation for technical redundancy for chief executive of Drug Free Sport New Zealand

(1)

The person holding the position of chief executive of Drug Free Sport New Zealand is not entitled to receive any payment or other benefit on the ground that—

(a)

the position of chief executive of Drug Free Sport New Zealand has ceased to exist as a result of the disestablishment of Drug Free Sport New Zealand; and

(b)

in connection with that disestablishment, the person holding the position of chief executive is offered and accepts other employment in the Commission.

(2)

This clause overrides Part 6A of the Employment Relations Act 2000.

Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand

7 Tests, proceedings, matters, issues, or things before Drug Free Sport New Zealand

Any test, proceeding, matter, issue, or thing before or with, or being considered or dealt with by, Drug Free Sport New Zealand before the commencement date must be dealt with by the Commission under the Sports Anti-Doping Act 2006, whether or not any action was taken in relation to the test, proceeding, matter, issue, or thing before the commencement date, as if this Act had not been enacted.

Pre-commencement consultation on integrity codes

8 Pre-commencement consultation on integrity codes

Any consultation undertaken before the commencement date in relation to a proposed integrity code is valid and effective if, had it been done after the commencement date, it would have been in accordance with section 20.

Anti-doping rules

9 Anti-doping rules

The anti-doping rules made by Drug Free Sport New Zealand under section 16 of the Sports Anti-Doping Act 2006 and in force immediately before the commencement date continue in force as if they were made under section 23 of this Act.

Investigations into actions and omissions before commencement date

10 Commission may investigate actions and omissions before commencement date

The Commission may conduct an investigation under section 32 whether the actions or omissions that are the subject of the investigation occurred wholly or partly before or after the commencement date.

Schedule 2 Consequential amendments to other Acts

s 67

Crown Entities Act 2002 (2005 No 115)

In Schedule 1, Part 3, repeal the item relating to Drug Free Sport New Zealand.

In Schedule 1, Part 3, insert in its appropriate alphabetical order:

Integrity Sport and Recreation Commission

Human Rights Act 1993 (1993 No 82)

Replace section 66(3) with:

(3)

The following is unlawful under this Act:

(a)

a breach of section 22(1) of the Protected Disclosures (Protection of Whistleblowers) Act 2022:

(b)

a breach of section 40(1) of the Integrity Sport and Recreation Act 2023 to which section 40(4) of that Act applies.

(4)

The rest of this Act applies to a breach referred to in subsection (3) (so that, for example, section 68 of this Act applies to treat an employee’s actions or omissions as done or omitted by their employer).

Ombudsmen Act 1975 (1975 No 9)

In Schedule 1, Part 2, repeal the item relating to Drug Free Sport New Zealand.

In Schedule 1, Part 2, insert in its appropriate alphabetical order:

Integrity Sport and Recreation Commission

Remuneration Authority Act 1977 (1977 No 110)

In Schedule 4, repeal the item relating to the members of Drug Free Sport New Zealand.

In Schedule 4, insert in its appropriate alphabetical order:

The members of the board of the Integrity Sport and Recreation Commission

List of access keys

Integrity Sport and Recreation Bill

Integrity Sport and Recreation Bill

Explanatory note

General policy statement

Departmental disclosure statement

Regulatory impact statement

Clause by clause analysis

Part 1Preliminary provisions

Part 2Integrity Sport and Recreation Commission

Part 3Integrity codes and anti-doping rules

Integrity codes

Anti-doping rules

Part 4Powers, investigations, and disciplinary panels

Subpart 1—Powers of Commission to comply with and implement anti-doping rules

Subpart 2—Powers of Commission to comply with and implement integrity codes

Subpart 3—Integrity investigations

Powers relating to investigation under section 31 or 32

Subpart 4—Disciplinary panels

Part 5General and miscellaneous provisions

Incorporation by reference

Fees and charges

Reporting on use of power to require information or documents

Miscellaneous provisions

Review of Act

Part 6Amendments to legislation

Amendment to Protected Disclosures (Protection of Whistleblowers) Act 2022

Amendment to Sport and Recreation New Zealand Act 2002

Amendments to Sports Anti-Doping Act 2006

Other amendments to Acts

Integrity Sport and Recreation Bill

Contents

1 Title

2 Commencement

Part 1 Preliminary provisions

3 Purpose

(a)

(b)

(i)

(ii)

4 Interpretation

(a)

(i)

(ii)

(iii)

(iv)

(b)

(a)

(b)

(c)

(d)

5 Meaning of threat to integrity

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(iii)

(iv)

(v)

6 Transitional, savings, and related provisions

7 Act binds the Crown

Part 2 Integrity Sport and Recreation Commission

8 Integrity Sport and Recreation Commission established

9 Commission must act independently

(a)

(b)

10 Board of Commission

11 Eligibility for appointment as member of Board

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

12 Objective of Commission

(a)