1.1  These Rules shall apply to:

1.1  These Rules shall apply to:

1.1.1     The Commission, including its board members, directors, officers, senior executives and employees, and employees of Delegated Third Parties, who are involved in any aspect of Doping Control;

1.1.2     The Sports Tribunal of New Zealand;

1.1.3     National Sporting Organisations, including their board members, directors, officers, senior executives and employees;

1.1.4     The following Athletes, Athlete Support Personnel and other Persons (including Protected Persons), in each case, whether or not such Person is a national or resident of New Zealand:

1.1.4.1   All Athletes and Athlete Support Personnel who are members of any National Sporting Organisation, or of any member or affiliate organisation of any National Sporting Organisation (including any clubs, teams, associations, or leagues);

1.1.4.2  All Athletes and Athlete Support Personnel who participate in such capacity in Events, Competitions, and other activities organized, convened, authorized or recognized by any National Sporting Organisation, or by any member or affiliate organisation of any National Sporting Organisation (including any clubs, teams, associations or leagues), wherever held;

1.1.4.3  Any other Athlete or Athlete Support Person or other Person who, by virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the authority of any National Sporting Organisation, or of any member or affiliate organisation of any National Sporting Organisation (including any clubs, teams, associations or leagues), for purposes of anti-doping; and

1.1.4.4  All Athletes and Athlete Support Personnel who participate in any capacity in any activity organized, held, convened or authorized by the organizer of a National Event or of a national league that is not affiliated with a National Sporting Organisation.¹

1.1.4.5  All other Persons over whom the Code gives the Commission authority, including all Athletes who are nationals or residents of New Zealand, and all Athletes who are present in New Zealand, whether to compete or to train or otherwise;

1.1.5     Any other Person that otherwise agrees to the Rules.

1.2 Each of the abovementioned Persons

1.2     Each of the abovementioned Persons is deemed, as a condition of their participation or involvement in sport in New Zealand, to have agreed to and be bound by these Rules, and to have submitted to the authority of the Commission to enforce these Rules, including any Consequences for the breach thereof, and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Rules.²

1.3 Within the overall pool of Athletes

1.3 Within the overall pool of Athletes set out above who are bound by and required to comply with these Rules:

1.3.1     A National-Level Athlete is any Athlete who is within any of the categories set out in the Schedule to these Rules shall be considered to be a National-Level Athlete for the purposes of these Rules. However, if any such Athletes are classified by their respective International Federations as International-Level Athletes then they shall be considered to be International-Level Athletes (and not National-Level Athletes) for purposes of these Rules.

1.3.2     A Recreational Athlete is any Athlete who is not a National-Level Athlete,  or an International Level Athlete, and is not any Person who  within the last five years prior to committing any Anti-Doping Rule Violation, has, in the same sport, (a) been a National-Level Athlete or an International-Level Athlete; (b) participated in a sport in a professional capacity;³ (c) competed in an International or National Event; (d) represented any country in an International Event in an open category; ⁴ or (e) been included within any Registered Testing Pool or other whereabouts information pool maintained by any International Federation or National Anti-Doping Organisation.

1.4 Application to National Sporting Organisations

1.4 Application to National Sporting Organisations

1.4.1     A National Sporting Organisation shall agree to the Rules.  This may be done by incorporating them by reference into its governing documents, constitution, Rules or anti-doping policies so that the Rules form part of the rules of the National Sporting Organisation and govern the rights and obligations of all Persons who are subject to the rules of the National Sporting Organisation. A National Sporting Organisation may also adopt the Rules as its anti-doping policy or Anti-Doping Rules.

1.4.2     All Persons to whom the Rules apply will recognise and accept the authority and responsibility of the Commission to enforce these Rules, including any Consequences for the breach thereof, and to the jurisdiction of the Sports Tribunal.

1.4.3     By agreeing to the Rules, National Sporting Organisations:

1.4.3.1  recognise and accept the authority and responsibility of the Commission as the sole National Anti-Doping Organisation in New Zealand for implementing the Code; and

1.4.3.2  authorise the Commission to carry out Doping Control, to investigate anti-doping rule violations under the Rules and to present evidence in support of anti-doping rule violations before the Sports Tribunal.

1.4.4     A National Sporting Organisation that has agreed to the Rules will take all reasonable steps to ensure that any Person who wishes to take part in any Event, Competition or activity organised or authorised by it who is not a member of the National Sporting Organisation or who has not otherwise agreed to be bound by the Rules, agrees to be bound by the Rules.

1.4.5     A National Sporting Organisation that has agreed to the Rules must ensure that any Person who is not a member of the National Sporting Organisation but who wishes to participate in International Events or Events organised, sanctioned or authorised by the National Sporting Organisation and who fulfils, or would otherwise fulfil, the requirements to be part of the Commission’s Registered Testing Pool, becomes either a member of the National Sporting Organisation and/or agrees to make themselves available for Testing, at least twelve months before participating in any International Event or in any Event.

1.4.6     Nothing in the Rules shall be interpreted as limiting the functions of the Commission under the Act and its obligations as a Signatory to the Code. Nothing in the Rules prevents the Commission from collecting Samples from Athletes and arranging for Testing and reporting of the results of Testing or undertaking any other anti-doping activity or investigation in accordance with any agreement or arrangement with any other Anti-Doping Organisation, International Federation, Signatory to the Code or any National Sporting Organisation which has not agreed to the Rules, or in accordance with any obligation under the Act or Code.

1.4.7     The Commission will encourage and assist National Sporting Organisations to agree to the Rules, and will encourage all Participants and Persons to agree to take part in sport on the basis of the Rules.

1.4.8     Where a National Sporting Organisation is a member of an International Federation and is bound by the Rules and the Anti-Doping Rules of the International Federation and there is a conflict or inconsistency between the Rules and the Anti-Doping Rules of the International Federation, the International Federation’s Anti-Doping Rules will prevail.

1.4.9     Where an Athlete, Athlete Support Personnel or other Person has an agreement with the National Olympic and/or Paralympic Committee for it to provide financial, coaching or other support directly to that Athlete, Athlete Support Personnel or other Person (other than for support for the Olympic Games or Paralympic Games), that National Olympic and/or Paralympic Committee will, for the purposes of these Rules, be regarded as a National Sporting Organisation. To the extent that those circumstances apply, every reference in these Rules to any right or obligation of a National Sporting Organisation shall apply to the National Olympic and/or Paralympic Committee, in addition to any other rights and obligations it has as a National Olympic and/or Paralympic Committee under these Rules or under the Code.

1.4.10   The Rules are subject to the Legislation Act 2019.

1.5    International Standards Incorporated into the Rules

1.5    International Standards Incorporated into the Rules

1.5.1    The Rules incorporate the following International Standards by reference:

1.5.1.1    World Anti-Doping Agency International Standard Prohibited List, effective 1 January 2027; 

1.5.1.2    International Standard for Code Compliance by Signatories (ISCCS) effective 1 January 2027

1.5.1.3    International Standard for Data Protection (ISDP) effective 1 January 2027

1.5.1.4    International Standard for Education (ISE) effective 1 January 2027

1.5.1.5    International Standard for Intelligence and Investigations (ISII) effective 1 January 2027

1.5.1.6    International Standard for Laboratories (ISL) effective 1 January 2027

1.5.1.7    International Standard for Results Management (ISRM) effective 1 January 2027

1.5.1.8    International Standard for Testing (IST) effective 1 January 2027

1.5.1.9 International Standard for Therapeutic Use Exemptions (ISTUE) effective 1 January 2027

1.6     Where the Rules refer to any of the above International Standards

1.6     Where the Rules refer to any of the above International Standards, the reference is to the version of the International Standard dated as above. 

Footnotes

1 [Comment to point (iv): These organizing bodies shall be incorporated into the national anti-doping program.]

2 [Comment: Where the Code requires a Person other than an Athlete or Athlete Support Person to be bound by the Code, such Person would of course not be subject to Sample collection or Testing, and would not be charged with an anti-doping rule violation under the Code for Use or Possession of a Prohibited Substance or Prohibited Method. Rather, such Person would only be subject to discipline for a violation of Code Articles 2.5 (Tampering), 2.7 (Trafficking), 2.8 (Administration), 2.9 (Complicity), 2.10 (Prohibited Association) and 2.11 (Retaliation). Furthermore, such Person would be subject to the additional roles and responsibilities according to Code Article 21.3. Also, the obligation to require an employee to be bound by the Code is subject to applicable law.

The Commission shall ensure that, as per Article 18 of these Anti-Doping Rules, any arrangements with their board members, directors, officers, senior executives, and specified employees, as well as with the Delegated Third Parties and their employees – either employment, contractual or otherwise – have explicit provisions incorporated according to which such Persons are bound by, agree to comply with these Anti-Doping Rules, and agree on the Commission’s authority to solve anti-doping cases.]

3 [Comment to Recreational Athlete: With respect to the term “professional capacity,” further guidance may be provided in the International Standard for Results Management or guidelines.]

4 [Comment to Recreational Athletes: The term “open category” is meant to exclude competition that is limited to junior or age group categories. Those circumstances where a Protected Person, Minor or Recreational Athlete is to be treated differently than other Persons or Athletes have been specifically identified in the Code. It should not be assumed, with respect to Article 7.4 or any other Article in the Code, that different treatment was intended where it is not specifically expressed.]