The purpose of this Schedule is to prescribe:

(a) the composition of the Commission’s disciplinary panel;

(b) the circumstances in which a matter may be referred to the Commission’s disciplinary panel; and

(c) the procedure of the Commission’s disciplinary panel.

Establishment of disciplinary panel

(1) In accordance with section 41 of the Act, the Commission establishes a disciplinary panel to consider and determine whether the Integrity Code or an organisation’s policy made under the Integrity Code has been breached by a participant, and the sanction to be imposed for the breach.

(2) The disciplinary panel comprises as many members the Commission considers necessary or desirable to ensure the fair and efficient exercise of the disciplinary panel’s role.

(3) The disciplinary panel must operate independently from the Commission.

Composition of Commission’s disciplinary panel

(1) To be eligible for appointment to the disciplinary panel, the Commission must be satisfied that a person: 

(a) is of good standing in the community; and

(b) has relevant knowledge and experience (eg, experience in law, tikanga Māori, knowledge of sport and recreation activities and rules, child safeguarding and protection, or disciplinary processes).

(2) In making appointments to the disciplinary panel, the Commission must have regard to the principle that the disciplinary panel membership should reflect the diversity of the sport and recreation sector, including:

(a) women;

(b) Māori;

(c) Pacific peoples;

(d) disabled people; and

(e) rainbow people.

(1) The Commission will, from time to time, seek nominations for appointments to the disciplinary panel from the sport and recreation sector, including without limitation:

(a) national sport organisations and national recreation organisations;

(b) participant associations; and

(c) the New Zealand Olympic Committee Incorporated and Paralympics New Zealand.

(2) The Commission must, publish and maintain: 

(a) the nomination process for the disciplinary panel; and

(b) the list of people appointed to the disciplinary panel.

(1) The Commission will designate one chair of the disciplinary panel and at least one deputy chair.

(2) The chair is responsible for ensuring the disciplinary panel performs its role:

(a) in an orderly and efficient manner; and

(b) in a way that achieves the purpose of the Integrity Code and the Act.

(1) A person may be appointed to the disciplinary panel for a term not exceeding five years.

(2) A person appointed to the disciplinary panel may be reappointed, but their total term must not exceed 10 years.

(3) A person may resign from the disciplinary panel at any time by providing written notice of one month to the Commission.

(4) The Commission may revoke a person’s appointment to the disciplinary panel for just cause.

(5) For the purposes of this provision, just cause includes misconduct (eg, a member has breached the Integrity Code), inability to perform the duties of disciplinary panel members, or neglect of their duties.

Referral of matters to the disciplinary panel

(1) The Commission may refer a matter to the disciplinary panel where it considers the referral is necessary or desirable:

(a) following an investigation under section 31 of the Act; or

(b) in response to a request to refer a matter.

(2) The following persons may request the Commission refers a matter to its disciplinary panel:

(a) an organisation;

(b) the complainant; and

(c) the respondent.

(3) A request to refer the matter to the disciplinary panel must be made before any disciplinary hearing is conducted by the organisation.

(1) To determine whether it is necessary or desirable to refer, or agree to refer, a matter to the disciplinary panel, the Commission must consider if there is, or appears to be, a breach where sanctions may be imposed under Part 4 of the Integrity Code.

(2) The Commission may also consider:

(a) the seriousness of the matter;

(b) what has been done to resolve or investigate the matter;

(c) the capability and capacity of the organisation to run an effective and fair disciplinary process; 

(d) the views of the parties, relevant organisation and other affected participants;

(e) whether the need for public confidence in the outcome warrants a greater level of independence; and

(f) any other matter the Commission considers relevant.

(3) The Commission will provide a written response of its decision to refer the matter to its disciplinary panel, including its reasons, as soon as reasonably practicable and no later than five working days following the decision.

(4) For the avoidance of doubt, where the Commission decides not to refer the matter to a disciplinary panel, it may take any other action permitted under the Integrity Code or Act, if that action would otherwise be permitted.

Commission’s disciplinary panel procedure

(1) Where a matter has been referred to the Commission’s disciplinary panel, the chair or a deputy chair will convene a disciplinary panel hearing to determine whether a breach has occurred and the sanction to be imposed for the breach. 

(2) A disciplinary panel hearing may be presided over by as many disciplinary panel members as the chair or deputy chair considers is required.

(3) The chair or deputy chair convening a disciplinary panel must consider:

(a) whether the hearing will, or is likely to, require a disciplinary panel member with expertise in law, tikanga Māori, or both; and

(b) the potential for actual or perceived conflicts of interest.

(4) The chair or deputy chair may appoint a specialist advisor to help the disciplinary panel on technical matters (eg, in relation to the rules of the sport or recreation).

A disciplinary panel convened for a hearing may regulate its own procedure provided that:

(a) the proceedings are consistent with the principles of natural justice; 

(b) the proceedings comply with the provisions of this Schedule; and

(c) it considers the reasonable needs of the parties, including whether processes should be adapted to consider cultural needs, for example, tikanga Māori.

(1) Before a hearing the disciplinary panel must:

(a) request the parties identify any tikanga Māori or other cultural processes that would be beneficial to the parties;

(b) decide:

(i) the forum for the hearing (eg, online or face-to-face); 

(ii) a suitable date for the hearing, taking into account any reasonable needs of the parties; and

(iii) what, if any, tikanga Māori or other culturally responsive processes are required; and

(c) notify the parties the time, date and forum of the hearing.

(2) Before a hearing, the disciplinary panel may request that the parties:

(a) disclose a statement of their case;

(b) disclose relevant information and documents; 

(c) identify who, if anybody, will provide witness testimony; and

(d) exchange witness statements.

(3) The disciplinary panel must allow a reasonable period of time for the parties to examine any evidence or information required ahead of the hearing.

(1) The disciplinary panel must provide a reasonable opportunity for all parties to: 

(a) present their case; and

(b) respond to evidence presented by another party or witness.

(2) Participants are entitled to a support person being present (eg, a whānau member) in addition to formal representation.

(3) The proceedings of a disciplinary panel are confidential until it reaches a determination.

(1) The disciplinary panel may exercise the powers provided in section 42 of the Act.

(2) The sanctions contained in clause 39 are the sanctions a disciplinary panel may require an organisation to impose.

The disciplinary panel must: 

(a) record its determination and its reasons in writing;

(b) provide a copy of its determination to:

(i) the respondent; 

(ii) the complainant;

(iii) the relevant organisation; and 

(iv) the Commission.

A disciplinary panel must publish its determination, subject to any redactions that are necessary to:

(a) protect the privacy of a complainant or victim; and

(b) avoid prejudice to the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial.

Appeals from the disciplinary panel

(1) A disciplinary panel decision may be appealed to the Sports Tribunal. 

(2) The grounds and procedure for an appeal are as established by the Sports Tribunal.

Compare: Integrity Sport and Recreation Act 2023, section 43; Sports Tribunal Act 2006, section 38(ab).