Definitions Position Statement Code Application Events for Dope Testing Doping Offence Therapeutic Purpose Referral of a Doping Offence to Hearing Hearings Sanctions 10. Applying Sanctions 11. Enforcing Sanctions 12. Appeals 13. Retirement and Comebacks 14. FIH Doping Policy Definitions
1.1.1 “HC” means the Hillary Commission established by the Sport
1.1.2 “NZSDA” means the New Zealand Sports and Drug Agency
established by the New Zealand Sports Drug Agency Act 1994.
1.1.3 “CAS” means the Court of Arbitration for Sport (Oceania
1.1.4 “coach, official and administrator” mean a person w ho
administers, manages, assists or is otherw ise involved in the sport of Hockey other than as an competitor.
1.1.5 "Competitor" means a competitor as defined under the New
1.1.6 "doping offence" as defined in Clause 4
1.1.7 “drug testing authority” means:
an agency appointed or contracted by NZSDA, FIH or Hockey NZ or a national drug testing authority w hich:
operates under its ow n rules and regulations, and
has samples analysed by an FIH approved or an IOC/WADA accredited laboratory, or
an agency w hich conducts testing on competitors for the detection of prohibited substances w here:
the methods of testing substantially accord w ith FIH or IOC procedures, and
approved or an IOC accredited laboratory.
1.1.8 “FIH” means [International Hockey Federation].
1.1.9 “IOC” means the International Olympic Committee created by
the Congress of Paris of 23 June 1894 w hich is entrusted w ith the control and development of the Modern Olympic Games pursuant to the Olympic Charter.
1.1.10 “Hockey NZ” means Hockey New Zealand and includes its
1.1.11 “positive test result” means a result of a test by a drug testing
authority w hich show s the presence of a prohibited substance in a sample or the use of a prohibit ed method.
1.1.12 “prohibited method” means a method prohibited under the anti-
if FIH does not have an anti-doping Code, the IOC
and includes a method contained in the schedule of the NZSDA.
1.1.1 “prohibited substance” means a substance prohibited under
if FIH does not have an anti-doping Code, the IOC.
or a substance contained in the schedule of the NZSDA
1.1.14 “sample” means human biological fluid or t issue. 1.1.15 “testing” means the requesting, collecting and analysing of a
1.1.16 “trafficking” means:
manufacturing, extracting, transforming, preparing storing,
transiting, offering, (w hether subject to payment or free of charge), distributing, selling, exchanging, brokering, obtaining in any form, prescribing, commercialising,
possessing, holding, buying or acquiring in any manner a prohibited substance
financing or serving as an intermediary for the finance of any of the activities in paragraph (a)
being knowingly concerned or involved in a prohibited method other than for personal use by a person who is not a competitor, for personal use by a competitor where the competitor has approval for therapeutic use, or in the course of the lawful exercise of professional medical, pharmaceutical or analogous activities.
1.1.17 “WADA” means World Anti Doping Agency.
1.1.18 “recognised medical authority” means:
The New Zealand Sports Drug Agency medical advisory panel; or
An authority recognised by FIH w hich may authorise the use of a scheduled drug or doping method.
1.1.19 “tribunal” means the Hockey NZ appointed committee
comprising a qualified medical practitioner, a qualified law yer, and a Hockey NZ Board member
1.1.20 “appeals tribunal” means the Hockey NZ appointed committee
comprising the Hockey NZ President, Hockey NZ Chairperson and a qualified law yer (different to the law yer on the Tribunal)
1.1.21 “in competition” means t he date on w hich a hockey
competition, event, game or trial is to be held and in w hich a player is to, or does compete
1.1.22 “ out of competition” means at any time, other than a
tournament, the NZSDA or its appointed agency, notifies the player of their requirement for a test
1.1.23 Words in the singular include the plural and vice versa. 1.1.24 person includes a body corporate.
Position Statement
Hockey NZ condemns the use of performance enhancing drugs and doping practices in sport. The use of performance enhancing drugs and doping practices is contrary to the ethics of sport and potentially harmful to the health of athletes.
Hockey NZ aims to stop doping practices in sport by:
imposing sanctions on persons w ithin its jurisdiction w ho commit doping offences;
educating and informing persons about drugs in sport issues; and
supporting the drug testing programmes and education initiatives of NZSDA and other drug testing authorities
give NZSDA timely and accurate competitor contact information
support and assist NZSDA to conduct doping control
make this Code available to members, competitors, coaches, officials and administrators and its medical and health advisers
develop and implement, in co-operation w ith NZSDA and the FIH, drug education and information programs for competitors, coaches, officials and administrators and its medical and health advisers, and
support the initiatives of the HC, the FIH, t he IOC and WADA to stop doping offences in sport.
Code Application
This Code applies to:
all those persons, including particularly competitors, w ho are w ithin the jurisdiction of the Constitution, Rules and Regulations of Hockey NZ
employees and contractors of Hockey NZ, in accordance w ith the Employment Relations Act.
coaches, officials, administrators or any other persons involved w ith the sport governed by Hockey NZ.
Events for Dope Testing
Events under the control of a Continental Federation
Doping Offence
A doping offence occurs if either: 5.1.1 A competitor has been notified that:
there is a determination made under section 16B of the NZSDA Act that the competitor has committed a doping infraction, or
there is a determination made under section 14 of the NZSDA Act that the competitor did not have reasonable cause to fail to comply w ith a request to provide a sample, or
there is a report to Hockey NZ by a Drug Testing Authority other than the NZSDA that the competitor has taken a prohibited substance or used a prohibited method or there is an excess of any permitted level of a substance (as set out in the NZSDA Schedule), or
there is a report to Hockey NZ by a Drug Testing Authority other than the NZSDA that the competitor has refused to provide a sample or failed to comply w ith a request to provide a sample w hen requested to do so by that Drug Testing Authority.
or 5.1.2 A person (including a competitor):
is know ingly involved in or has admitted trafficking of “ drugs” (as defined in the New Zealand Sports Drug Agency Act) , or
know ingly assists, or is know ingly involved in the commission of any activity as listed in clause 5.1 1 by another person.
Therapeutic Purposes
A person uses a scheduled drug or doping method for a t herapeutic purpose if:
The person had w ritten approval prior to testing from a recognised medical authority for the therapeutic use of the scheduled drug or doping method; and
The level of the scheduled drug or doping method in the sample is consistent w ith the approved therapeutic use; and
The therapeutic use of the scheduled drug or doping method is not inconsistent w ith FIH rules from time to time in force.
Referral of a Doping Offence to Hearing
Where Hockey NZ receives information that a person might have committed a doping offence it w ill refer the matter to a hearing to be conducted under clause 8
When Hockey NZ refers the matter to a hearing, Hockey NZ w ill deliver the person a letter w hich:
sets out the nature and details of the doping offence; and
says that, w ithin 14 days, Hockey NZ w ill refer the matter to a hearing ; and
Hockey NZ w ill w ait 14 days (or a shorter period agreed betw een
Hockey NZ and the person) after sending a letter mentioned above and then w ill:
appoint a Tribunal established in accordance w ith its rules and/or the rules of t he FIH to conduct a hearing; or
appoint any other Tribunal recognised by Hockey NZ and HC for the purposes of hearing doping-related cases.
At any time prior to the commencement of the hearing, the person to w hom the notice has been sent may admit in w riting the commission of the doping offence.
Until the determination of the hearing, Hockey NZ may, in accordance w ith its Rules:
suspend financial or other assistance to the person; and/or
suspend the person from competing in events and competitions conducted by or under the auspices of Hockey NZ.
Except for a purpose under this Code, Hockey NZ w ill not disclose or use information about a person accused of committing a doping offence to: (a)
until after disciplinary proceedings have been completed unless the person has agreed or authorised otherw ise.
Hearings 8.1 The Tribunal w ill determine:
w hether a doping offence has been committed (subject to Clause 7.4); and
A person w ho has committed or is alleged to have committed a doping
offence has a right to a hearing and representation.
The Tribunal w ill accept as a proven fact the result of a test conducted by a drug testing authority and/or a determination of a doping infraction under section 16(B) of the NZSDA Act or a determination under section 14 of the NZSDA Act made by the New Zealand Sports Drug Agency.
w ill conduct the hearing in accordance w ith Hockey NZ rules or , w here those rules are silent on a point, in such manner as the Tribunal determines
w here the hearing relates solely to sanction i.e. there has been an admission by the person of a doping offence, may conduct the hearing by telephone or other conference facility
may appoint a legal representative or other person to assist it.
The Tribunal w ill give Hockey NZ a w ritten statement of:
its determination as to sanction, if any.
Sanctions
The Tribunal w ill apply one or more of the follow ing sanctions:
(a) ban the person from selection to represent New Zealand in
(b) ban the person from competing in any events and competitions
(including training sessions) conducted by or under the auspices of Hockey NZ.
(c) declare the person ineligible to receive direct or indirect funding
(d) ban the person from holding any position w it hin Hockey NZ or
being involved in any other w ay w ithin Hockey NZ.
(e) for such period as the Tribunal thinks fit, require that the person
remain on NZSDA’s annual testing programme for the purpose of out-of-competition testing and be subject to the rules of Hockey NZ
require the person to repay any financial assistance given to the person from the date of the doping offence.
(g) require the person go to counselling for a specified period
(h) w ithdraw aw ards, placings and records w on by the competitor or
the competitor' s team in events and competitions conducted by or under the auspices of Hockey NZ from the date of the doping offence
fine the person and/or direct the person to pay costs
(k) suspend the person from membership of Hockey NZ.
Where the Tribunal confirms a doping offence by an employee or contractor of Hockey NZ, Hockey NZ w ill take disciplinary action against the employee or contractor, having regard to the Employment Relations Act.
10. Applying Sanctions
10.1 Where the doping offence involves ephedrine, phenylpropanolamine,
pseudoephedrine, caffeine, strychnine or related substances, as listed and defined as stimulants, class A, in the Olympic Movement A nti-Doping Code , sanctions under Clauses 9.1(a), (b), (c), (d), and (e) w ill be imposed by the Tribunal as follow s:
one to three months for the first doping offence
(b) minimum of four years for a second doping offence
(c) minimum of five years for a third doping of fence
10.2 Where the doping offence involves:
a prohibited substance other than one of those identified in Clause 10.1 above; or
sanctions under clauses 9.1(a), (b), (c), (d) and (e) w ill be imposed by
a minimum of tw o years for a first doping offence
four years to life for the second doping off ence.
10.3 The sanction w ill apply from the date of the doping offence and take
account of any period of suspension unless the Tribunal decides otherw ise.
11. Enforcing Sanctions
11.1 Hockey NZ w ill enforce the sanction decided by the Tribunal if the
11.2 Hockey NZ w ill recognise and enforce a sanction properly imposed on
a person w ho has committed a doping offence under the anti-doping rules or Code of:
and Hockey NZ w ill then apply an equivalent sanction in its ow n
sport w here the offence w ould be a doping offence under this
of the doping offence and the sanction applied by the Tribunal and may inform other persons or organisations as Hockey NZ thinks appropriate.
11.4 Hockey NZ may reinstate financial or other assistance to the person
w hich Hockey NZ suspended under clause 7.5.
12. Appeals
12.1 A person (including Hockey NZ) aggrieved by a decision under this
Code may appeal it to an Appeals Tribunal established in accordance w ith Hockey NZ rules and/or the rules of FIH.
12.2 The decision of the Appeals Tribunal w ill be final and binding on the
12.3 Any sanction(s) imposed by the Tribunal w ill remain in force during the
appeal unless the Appeals Tribunal decides otherw ise upon a formal application for stay being made.
13. Retirement and Comebacks
(This section relates purely to retirements and comebacks for the purposes of the Code.) 13.1 A person may retire from competition or involvement in hockey such
as to be covered by this code by notifying Hockey NZ in w riting.
13.2 The person’ s retirement date w ill be the date Hockey NZ receives the
excuse the person from giving a sample requested before the retirement date
prevent the analysis of a sample given by the person before their retirement date
affect the results of testing under (a) or (b) above, or
exempt the person from this Code in relation to a doping offence committed before their retirement date.
13.4 A person may make a w ritten request to Hockey NZ for reinstatement
one year after their retirement date (unless otherw ise provided for in the Hockey NZ rules). The request is taken to be made on the date Hockey NZ receives the request.
13.5 Reinstatement w ill be at the discretion of Hockey NZ. 13.6 This Code w ill apply t o the person from t he date of their reinstatement
13.7 Immediately upon and during the six-month period follow ing the
request for reinstatement, the person may be tested:
as required by Hockey NZ and FIH rules, and
13.8 A retired person may not compete in competitions and events
(including trainings) conducted by or under the auspices of Hockey NZ until the follow ing periods expire:
For international competitions and events
2 years from the date of the reinstatement request.
For domestic competitions and events
6 months from the date of the reinstatement request.
13.9 A person may apply to the Tribunal to be eligible to compete in
international competitions and events before the period set out in clause 13.8 expires. Relevant matters for the Tribunal to consider in respect of such an application w ill include the follow ing (non-exhaustive):
All previous sanctions from FIH for a doping offence have expired
13.10 A person may apply to Hockey NZ to be eligible to compete in
domestic competitions and events before the period set out in clause 13.8 expires. Relevant matters for Hockey NZ to consider in respect of such an application w ill include the follow ing (non-exhaustive):
All previous sanctions from Hockey NZ for a doping offence have expired
14. FIH Doping Policy
The Hockey NZ Anti-Doping Code recognises the FIH Doping Policy
(August 2001) as applying to all FIH events and, as such, Hockey NZ w ill make all National Team members, Coaches, Officials and Administrators aw are of that policy for all FIH events.
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