This Part:

(a) sets out principles for determining remedies and sanctions under the Integrity Code;

(b) prescribes what constitutes a breach of the Integrity Code by an organisation and the remedial actions the Commission may require; and

(c) prescribes when a participant may be sanctioned and what sanctions are permitted under the Integrity Code.

In reaching a determination on a sanction or remedial action, the relevant decision-maker will observe principles of natural justice and may consider:

(a) the seriousness of the breach and the harm caused by it;

(b) whether the breach was a one-off incident or part of an overall pattern of behaviour;

(c) whether participants are vulnerable or at risk;

(d) any power imbalance between the parties;

(e) any remorse expressed or attempts to make amends, including the outcome of any restorative process, tikanga Māori-based process, or other cultural process;

(f) whether the breach was an honest and reasonable mistake;

(g) the views of the complainant and any other persons harmed by the breach; 

(h) relevant precedents which help guide a proportionate remedy or sanction; 

(i) cultural considerations; 

(j) identity-based considerations; and

(k) aggravating or mitigating factors.

(1) The Commission may find an organisation has breached the Integrity Code where the Commission is satisfied, on the balance of probabilities, that:

(a) the organisation does not have policies in place to implement the minimum standards in clauses 11 to 14 of the Integrity Code;

(b) the organisation has policies in place, but they do not meet the minimum standards specified in clauses 11 to 14 of the Integrity Code;

(c) the organisation has policies in place to implement the minimum standards in clauses 11 to 14 of the Integrity Code, but fails to adhere to those policies; 

(d) the organisation fails, without reasonable excuse, to: 

(i) cooperate with the Commission in accordance with clause 15 of the Integrity Code;

(ii) provide information to its members in accordance with clause 16 of the Integrity Code;

(iii) enforce a sanction imposed by the Commission’s disciplinary panel under Part 3 and Schedule 3 of the Integrity Code; or 

(e) the organisation breaches sections 39 or 40 of the Act (no retaliation or victimisation against a participant who makes a complaint or provides information to the Commission).

(1) The Commission may require the organisation, as soon as reasonably practicable or within a time specified by the Commission, take one or more of the following actions to remedy a breach of the Integrity Code:

(a) issue an apology to anyone affected by the breach;

(b) engage in a dispute resolution process with participants;

(c) provide relevant education to people within the organisation;

(d) amend policies to comply with the Integrity Code; and

(e) take any other action which the Commission reasonably considers is necessary and practicable in all the circumstances to remedy the harm.

(2) The Commission may review an organisation’s progress in implementing required actions or recommendations.

(3) The Commission may not require an organisation to take any action that affects an employment relationship (eg, requiring termination of an employment agreement or reinstating a person to employment).

(1) A participant may be sanctioned in accordance with clause 39 where they are found, on the balance of probabilities, to have: 

(a) breached the Integrity Code by failing, without reasonable excuse, to:

(i) provide information or cooperate with an investigation by the Commission in accordance with Part 3;

(ii) abide by a sanction imposed on them in accordance with the Integrity Code; or

(b) breached a policy an organisation has in place to give effect to the Integrity Code (eg, by engaging or attempting to engage in one or more prohibited behaviours as defined in Schedule 1); or

(c) breached sections 39 or 40 of the Act.

(2) The burden of proof for demonstrating a breach referred to in paragraph (1) happened rests on either the organisation or the Commission, depending on the circumstances.

(3) For the avoidance of doubt:

(a) a participant must be bound by the Integrity Code to be in breach;

(b) the act or omission must be in connection with sport and recreation; and

(c) the physical location where the behaviour happened is not determinative; and

(d) prohibited behaviours may involve different forms of contact (eg, physical contact, verbal comments, written communications).

(1) The sanctions that may be imposed on a participant by an organisation or the Commission’s disciplinary panel for a breach referred to in clause 38 include: 

(a) a reprimand or warning;

(b) a requirement to complete education that relates to the behaviour in question;

(c) conditions on participating in sport and recreation to which the Integrity Code applies;

(d) suspension from some or all participation in sport or recreation to which the Integrity Code applies; and

(e) exclusion from some or all participation in sport or recreation to which the Integrity Code applies.

(2) For the avoidance of doubt, the Commission’s disciplinary panel may not: 

(a) impose a fine or other form of monetary penalty on a participant; 

(b) impose a sanction in respect of an organisation; or

(c) deal with any matter arising between an employer and employee concerning the terms and conditions of employment, a dispute relating to the interpretation, application, or operation of an employment agreement, or a personal grievance.

(3) Nothing in this clause affects an organisation’s ability to: 

(a) impose another sanction or penalty on a participant if provided for in their constitution or policies (eg, expulsion from the society or imposing a fine);

(b) take separate disciplinary action in relation to a participant who is an employee.

(1) The Commission may publish a list of all suspensions and exclusions imposed in accordance with the Integrity Code, whether because of a disciplinary panel determination or an organisation’s disciplinary process.

(2) Before identifying a participant who is suspended or excluded under the Integrity Code, the Commission must:

(a) be satisfied that naming the participant is consistent with the purposes of the Integrity Code and the Act;

(b) have regard to the needs and circumstances of the participant; 

(c) have regard to the interests of any impacted organisations; and

(d) act in accordance with the principles of natural justice (eg, by ensuring the affected participant has an opportunity to be heard in relation to the decision to publish the sanction).

(1) An organisation bound by the Integrity Code must enforce the sanction determined by the Commission’s disciplinary panel, unless the sanction is successfully appealed.

(2) A suspension or exclusion imposed on a participant by an organisation in accordance with the Integrity Code may be recognised and enforced by any organisation bound by the Integrity Code.