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Contact Sportscounsel
PO Box 91053 AMSC
Auckland 1030
New Zealand
P: +64 9 358 2725
F: +64 9 358 2715
M: +64 21 320 171
E: michael@sportscounsel.com 

In the UK:
P: +44 709 204 5664
F: +44 709 204 5664
Why you should always get advice on Doping Violations
A ban for cannabis use could have seriously damaged his career. Despite the cannabis being inhaled several weeks before Drug Free Sport New Zealand tested him, the markers remained in his system and turned up a positive test. A momentary lapse of judgment on a night out with friends and Kareem Johnson was looking at a ban which could stop him playing international basketball and could jeopardize future playing contracts overseas. Fortunately he got advice. Click here
FREE Article
Do Sports Clubs Need to take note of the new Anti Spam Act (NZ)?: Four suggestions for making sure your sports club complies
Do you remember when team sheets and training programmes used to pinned on a notice board at the club? And then you had the problem of making sure that everybody read them. A ring round the night before the game invariably added great cost to the coach’s telephone bill. Click here
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Why coaches and other athlete support personnel need to be aware of new Anti-Doping Rules
Robert was shocked to learn that two of his athletes had been tested positive for a prohibited substance. But his biggest shock was yet to come as Robert opened the letter in his mail. It was a notice from Drug Free Sport New Zealand that it intended to make an allegation against him that he had assisted, encouraged, aided or abetted his athletes to commit an anti-doping violation. As a coach, Robert didn’t even know that he was subject to anti-doping rules.

How familiar are you with the new Sports Anti-Doping Rules which came into force on 1 July this year? Click here

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Do your committee meetings get bogged down in detail and achieve little (if anything)?
When the committee was called dysfunctional, the comment hurt. The meeting always had a full agenda and often meetings would last several hours. Everyone seemed busy (in fact, run off their feet). No one could see what more they could do. But it wasn't a question of doing more, it was about doing less. Click here
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Why discipline turns a good sports club into a great sports club
Research conducted into great companies (as distinct from good companies) shows that there are 3 stages to achieving greatness and they all have one factor in common. Is your club struggling to be great? Click here
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How to lead a successful sports organisation
David had been CEO of a multi-national company for 10 years, producing sustained growth year upon year for the duration of his tenure. So when he made himself available to become the Chairman of the local Regional Sports Association, the Board jumped at the opportunity. Two years later the organisation was in a shambles and members were asking for his resignation. Click here
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How to avoid your coaches suing you when they don’t pull in the results
A string of losses and no likelihood of improvement. Heads had to roll and the obvious candidate was the coach. A new broom may just turn the ailing team’s performances around, but the coach didn’t want to go. So the question facing the Board was: what legal exposure there would be if they forced the coach out of the door? Click here
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How to break the cycle of failure
For two years the Tigers were the top of the league. But only ten months later they were on the brink of relegation. The fans had become used to the sweet smell of success and were asking questions. But the committee adopted an air of resignation: “success is cyclic” they said, “that’s just the way sport works”. Click here
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When can you appeal against a decision of your national sporting organisation?
The letter had arrived. You knew it could determine your future, so you hesitate before opening. Each word is read very carefully. Then your heart sinks. You have not been nominated for a Prime Minister’s Scholarship.

The consequences may not just be financial. It could prevent you from going to university altogether. If you feel you should have been nominated, what do you do?

That was the case for table tennis player Binbin Zhu. Fortunately, he was still able to go to university, but he did appeal against the decision not to nominate him for a Prime Minister’s Scholarship to the Sports Disputes Tribunal. Click here

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How to improve your club’s image in the community
Only 10 minutes into the flight the screaming and bad behaviour had started. Josh started running up and down the aisles, crying when he didn’t get his way, and generally creating havoc. The parents got death stares from the other passengers and the flight attendants ignored them.

At the other end of the plane, Billy was as quiet as a mouse. The flight attendants fussed over him and offered him games and chocolate to keep him amused.

How is your sports club seen in the community? Is it a Josh or is it a Billy?
Click here

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Why it is important for every sports organisation to keep its constitution flexible and up-to-date
The New Zealand Power Lifting Federation (NZPF) had sought a two year ban on Mr Mete under the World Anti-Doping Agency (WADA) Code for being tested positive for Ephedrine following a New Zealand Power Lifting Championship. However, the New Zealand Sports Disputes Tribunal (SDT) was unable to ban him for anything longer than three months because the NZPF had allowed its constitution to go out of date. This in turn put the NZPF in breach of its obligations to its International parent body.

How up-to-date and flexible is your constitution?
Click here

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Why every sports organisation must develop community
When was the last time you participated in a working bee at your local gym? I suspect never and that’s because your local gym is a business and as a business, we expect things like painting and decorating to be done for us – otherwise we take our business elsewhere.

I spend a lot of time preaching how sports organisations should become more businesslike in this modern sporting era. Whilst that is true, let’s not also forget that a sports organisation needs to retain its sense of community.
Click here

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When you can appeal a selection decision to the NZ Sports Disputes Tribunal (and when you can’t)
The team sheet was published and Lizzie scanned for her name. As she got closer to the bottom of the list, her heart sank further and further. Not selected.

Initial feelings of disappointment turned to resentment as she saw other athletes listed on the team sheet who she considered she outperformed in the trials. When she spread the news, friends and family told her to appeal to the Sports Disputes Tribunal.

Do you know when you can or cannot appeal to the Sports Disputes Tribunal?
Here I give you the 5 stage check-list which you can use to make sure that you don’t waste your time and money.
Click here

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Why all athletes and national sporting organisations should get specialist advice before embarking on selection appeals
“The Tribunal has considerable sympathy for Mr Mudford. The decision to decline the jurisdiction was made reluctantly but, in the Tribunal’s view, was inescapable on the facts of this case. Mr Mudford has been denied a right of appeal which the NZOC gave him because of administrative errors, both by the NZOC and the New Zealand Shooting Federation. Technically there was a breach of contract by NZOC. This was partly compounded by NZOC posting on the web the nomination criteria for shooting, which had a reference to the NZOC Nomination and Selection Criteria. We can understand that Mr Mudford could have been misled by the posting of this document and the failure to place the selection criteria on the web … the fact that he was misled by both NZOC and NZSF is at the end of the day, irrelevant from a legal point of view.”

In light of this decision how can you be sure that any selection criteria you undertake is the right one? After thousands of hours of training to be selected for a big event, how can you be sure that you will be afforded a fair hearing if you have a grievance? Click here

FREE Article
Do you have a loose cannonball in your club? It may be time to update your constitution
When the club was formed the main object was to get the certificate of incorporation from the registrar and start competing. Everyone was friends united behind a common purpose. Five years later things were different. A small faction wanted to move the club in a different direction and over the years had developed the power base to do it. Even with the support of the majority of members, stopping them was not going to be easy – the club’s constitution was toothless. This is a familiar scenario in some sports clubs. Is your constitution toothless? Click here
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Why a negative drugs test may not save you from a sporting ban
When the urine test came up negative John thought he was off the hook. So when he received notice that he was being charged with a doping infraction his stomach sank. John knew he was innocent but now faced a huge struggle to clear his name. John was innocent of the charges but nobody believed him. Click here
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How to take confusion out of Player Contracts
Jake picked up the Friday newspaper and read the headline: “Bryson decision leaves film industry shaken”. The article went on to say that a recent decision of the new Supreme Court had overturned the decision of the Court of Appeal saying Mr. Bryson was an independent contractor and restored the decision of the Employment Court saying he was an employee. Jake was the Chairman of a semi-professional Rugby League side. All his players were engaged under player contracts and only last year one player had tried to take them to the Employment Relations Authority because they had terminated his contract early. Click here
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How to tell a “precedent” from any other sporting case
The newsletter lands on John’s desk. The headline reads “Swain case sets no precedent”. But the article John read last week predicted that certain areas of Bondi beach would soon be closed to the public following Mr. Swain’s successful law suit against Waverley District Council in which he was awarded damages of AUS$3.75million. As an events or sports activity organiser, who do you believe? Click here
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How to resolve a sporting dispute
It was the second year running that John had not made the team and this was his last year in the U23 category. His performances had been strong in both years and this year in trials he came out ahead of Grant who made the team ahead of him. John asked the coach why he had missed out again - he didn’t get an answer. But in his heart he knew the reason – this was the first time John knew that his sexuality was counting against him and he was prepared to take a stand. Click here
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Why recreational drugs are a "no-go" area for all sportspeople
Touch has been part of my life for 10 years and this is my first offence. I am very disappointed with myself and would like to apologise to my team, my sponsors and Touch NZ for any harm I have caused by my actions. I did not intend in using cannabis to enhance my performance. I have used it in the past and now in doing the drug test and receiving the results, it has opened my eyes and I have decided to ‘clean up’ for the good of myself, Touch NZ/Wanganui and for my family. I am very disappointed I missed the 2005 Nationals and for letting my coach and team down. I hope I will be able to make it up to them in the future. Click here
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