This Part comprises six minimum standards to ensure organisations in the sport and recreation sector: 

(a) prohibit the behaviours that are a threat to integrity in sport and recreation;

(b) put in place proactive safeguarding measures for children, young people and adults at risk;

(c) implement an effective and fair dispute resolution process in relation to threats to integrity; 

(d) notify the Commission of issues of serious concern;

(e) cooperate with the Commission in relation to dispute resolution, investigations, and monitoring activity; and

(f) provide information to your members about the Integrity Code.

Required minimum standards to prevent and address threats to integrity

(1) An organisation must prohibit participants from engaging or attempting to engage in the following behaviours in connection with sport and recreation:

(a) discrimination, bullying, violence, abuse, sexually harmful behaviour, intimidation, or harassment;

(b) child abuse, child sexual abuse, or child neglect;

(c) manipulation or attempted manipulation of the result or course of a sporting competition or activity;

(d) sports betting activity connected with competition manipulation or the misuse of inside information connected with competition manipulation or sports betting; and

(e) corruption, fraud, and other forms of deception or breach of trust in sport or organised  recreation.

(2) Prohibit means to formally forbid the behaviour in the organisation, and sport and recreation activity, through rules, policies or procedures.

(3) To comply with the minimum standard, the organisation must have and apply policies that prohibit the behaviours as defined in Schedule 1.

(4) Organisations that do not organise, sanction or authorise sporting competitions, events or activities do not need to prohibit the behaviours in clause 11 (1) (c) or (d).

(5) This clause does not prevent an organisation from also prohibiting other behaviours the organisation considers necessary or desirable:

(a) to prevent misconduct; 

(b) uphold its duties or obligations including to any governing or other body; or

(c) promote its members’ rights and interests.

(1) An organisation must take reasonable measures to safeguard children, young people and adults at risk in sport and recreation.

(2) To comply with this minimum standard, the organisation must have and implement policies to:

(a) require a safety check in relation to specified persons (including volunteers) that:

(i) verifies that person’s identity (eg, a passport or driver licence);

(ii) includes an official background or criminal record check (eg, Ministry of Justice criminal record check or Police vet); and

(iii) has criteria for when a person is disqualified from working with children, young people or adults at risk (eg, if they have been convicted of an offence under the Children’s Act 2014, Schedule 2); 

(b) ensure specified persons complete education in relation to safeguarding children, young people, and adults at risk:

(i) before, or as soon as reasonably practicable after, starting their role or duties; and

(ii) at least annually thereafter;

(c) specify safe and inclusive practices for children, young people, and adults at risk for:

(i) coaching, training and instructing; 

(ii) one-on-one interactions;

(iii) taking, sharing or storing images;

(iv) transport and travel;

(v) overnight stays and accommodation, including sleeping arrangements; and 

(vi) changing room (or equivalent) arrangements;

(d) appoint a safeguarding lead at a national or regional level responsible for overseeing the obligations required by this minimum standard.

(3) The safety check described in paragraph (2)(a):

(a) must be started before the specified person commences their role or duties;

(b) does not need to be completed before the specified person commences their role or duties if it is impracticable in the circumstances to do so; and

(c) must be re-done at least every three years.

(4) The education referred to in paragraph (2)(b) must cover, without limitation:

(a) prohibited behaviours with a focus on the safety and wellbeing of children, young people and adults at risk; and

(b) safe practices referred to in paragraph (2)(c) to prevent these prohibited behaviours.

(5) The organisation must have a child protection policy that provides for how the organisation identifies, reports, and responds to suspected or real cases of child abuse, child sexual abuse and child neglect.

(1) An organisation must implement an effective and fair dispute resolution process to address complaints or disclosures in relation to threats to integrity.

(2) To comply with this minimum standard, the organisation must have and implement policies for dispute resolution that:

(a) provide a mechanism for making complaints and disclosures to the organisation;

(b) ensure the mechanism for making complaints and disclosures takes into account the needs of children, young people and adults at risk;

(c) are consistent with the principles of natural justice;

(d) require that, as soon as reasonably practicable after receiving a complaint or disclosure, or becoming aware of a threat to integrity, steps are taken to resolve the matter, including through consent-based dispute resolution or an investigation and disciplinary process;

(e) provides that sanctions are imposed in accordance with Part 4 if the participant is found, on the balance of probabilities, to have engaged or attempted to engage in a prohibited behaviour;

(f) provides for those involved in the process to be consulted with about their needs and preferences in addressing the matter; 

(g) reflect participants may make a complaint or disclosure to the Commission, regardless of whether they have first sought to resolve the matter with the organisation;

(h) expressly recognise that the Commission may assume responsibility for dealing with the matter in whole or in part, including through an investigation or disciplinary process;

(i) require the organisation to keep records of complaints or disclosures; and

(j) expressly recognise a decision of an organisation’s disciplinary body may be appealed to the Sports Tribunal of New Zealand in accordance with section 38(ac) of the Sports Tribunal Act 2006.

(3) Personal information collected or held by an organisation must be managed in accordance with the Privacy Act 2020.

(1) An organisation must notify the Commission of issues of serious concern (see clause 14(2)(a)) to allow the Commission to:

(a) monitor the frequency and nature of serious threats to integrity; and

(b) assess whether the Commission needs to intervene.

(2) To comply with this minimum standard, the organisation must have and implement policies to notify the Commission when: 

(a) an issue of serious concern arises, including:

(i) abuse, intimidation or violence affecting one or more children, young people, or adults at risk;

(ii) child abuse, child sexual abuse or child neglect;

(iii) sexually harmful behaviour;

(iv) competition manipulation and associated activity;

(v) any prohibited behaviour that gives rise to an imminent risk of serious harm to a participant;

(vi) an organisation breaching its obligations to safeguard children, young people and adults at risk under clause 12;

(vii) an organisation retaliating, or threatening to retaliate, against a participant in breach of section 39 of the Act; and

(viii) victimisation of a person in breach of section 40 of the Act; or

(b) it imposes one or more of the following sanctions in accordance with clause 39:

(i) suspension from participation; and

(ii) exclusion from participation.

(3) The notification to the Commission must:

(a) be made as soon as reasonably practicable:

(i) after the organisation becomes aware of the issue of serious concern (eg, upon receiving a complaint or disclosure); or

(ii) if the issue is not an issue of serious concern, after a suspension or exclusion is imposed; and

(b) in relation to an issue of serious concern contain at a minimum: 

(i) a description of the issue of serious concern; 

(ii) when the issue of serious concern happened, if known; and

(iii) what, if any, action was taken to respond to the issue of serious concern.

(c) be made in the manner prescribed by the Commission.

(4) The Commission must be notified regardless of any other action the organisation has taken, or intends to take, to resolve the matter. For the avoidance of doubt, where an organisation suspects criminal behaviour, including but not limited to allegations of suspected abuse or sexual abuse against children, young people, and adults at risk, the organisation must immediately report it to the New Zealand Police.

(5) Nothing in this clause prevents an organisation from notifying any other person, body or public sector agency (eg, New Zealand Police or a professional regulatory body) if it is: 

(a) permitted under the Privacy Act 2020 (eg, because a person consents to their information being shared or it is necessary to prevent or lessen a serious threat to public health or public safety); or

(b) required under another enactment or legal obligation.

(1) An organisation must cooperate with the Commission in the performance of the Commission’s functions and powers.

(2) To comply with this minimum standard, the organisation must:

(a) engage in good faith with the Commission to resolve matters the Commission has under consideration;

(b) provide information or documents the Commission considers necessary for any investigation it conducts, in accordance with Part 3;

(c) cooperate with an investigation or disciplinary panel undertaken in accordance with Part 3 and Schedule 3;

(d) take any remedial action required by the Commission in accordance with Part 4 as soon as reasonably practicable; 

(e) provide information, guidance or education to its members about the Integrity Code as required by the Commission; and

(f) provide information to the Commission as required for the purpose of the assessing the organisation’s compliance with any of the minimum standards.

(1) An organisation must provide information to help its members and other persons understand and implement the Integrity Code.

(2) To comply with this minimum standard, the organisation must inform its members and any other person who has agreed to be bound by the Integrity Code:

(a) that the organisation is bound by the Integrity Code;

(b) of any new or amended policies the organisation has, or intends to make, to implement the Integrity Code;

(c) how to access the policies and make them available (eg, by publishing the policies on the organisation’s website for free); and

(d) of their right to make a complaint or disclosure to the organisation and the Commission.

(3) The requirement to provide information and access to policies includes the parent or guardian of a child or young person.

Complying with minimum standards

(1) An organisation must have and implement the policies in clauses 11 to 14 as soon as reasonably practicable, and no later than 12 months after the organisation is bound by the Integrity Code.

(2) The minimum standards in paragraph (1) apply from the date that is the earlier of:

(a) the relevant policy being formally adopted; or

(b) 12 months after the organisation is bound by the Integrity Code.

(3) An organisation must comply with clauses 15 and 16 from the time it is bound by the Integrity Code.

(1) To comply with the minimum standards required in this Part, an organisation may:

(a) implement model policies issued by the Commission;

(b) implement its own policies; or

(c) with the agreement of another organisation (eg, the relevant national sport or recreation organisation), implement that organisation’s policies.

(2) The policies an organisation uses to comply with the Integrity Code may be in one or more documents, provided the minimum standards are met.

(1) An organisation will be presumed to comply with the minimum standards in this Part in the following circumstances:

(a) for the purposes of clause 11, where the organisation’s policies define the prohibited behaviours consistently with Schedule 1;

(b) for clauses 12 to 14, where the organisation implements a model policy issued by the Commission (eg, in relation to dispute resolution); and

(c) for the purposes of clause 12(2)(b), where an organisation ensures that specified persons complete the Commission’s education modules.

(2) The presumption that the organisation has complied with the minimum standards may be displaced where the organisation has failed to implement the policy (eg, by failing to implement the model dispute resolution policy by acting contrary to the principles of natural justice).

(1) The Commission can require an organisation that has adopted the Integrity Code to provide information for the purpose of the Commission assessing the organisation’s compliance with any of the minimum standards.