Rotorua swimmer Kane Radford is considering appealing New Zealand Swimming's decision not to send him to the Rio Olympics .
It comes after New Zealand Swimming announced on Friday night that Radford will not be nominated for the Rio 10km Open Water event, despite New Zealand being invited to send a swimmer.
The Radford camp are working alongside Auckland barrister John Munro, a former New Zealand swimmer, who told the Rotorua Daily Post Radford had "good grounds to appeal" and has confirmed that he has approached New Zealand Swimming today.
"We are considering an appeal at the moment," he said.
"It has all happened very fast. There are good grounds to appeal and it will not be a long process whatever the outcome.
"I can confirm that I have preserved my stance with New Zealand swimming today and have made contact."
Ten places for the Rio 10km Open Water event were selected at last year's world championships with a further 10 direct places decided at the Fina 10km Marathon Swimming Qualifier in Portugal last weekend.
Radford finished 19th to miss out on direct qualification, however FINA, the world's ruling body, offer one additional quota place for the leading swimmer from each of the five global regions - the Americas, Africa, Europe, Asia and Oceania - representing nations not already qualified.
With Australia qualified, New Zealand was the next highest nation from Oceania competing in Portugal, with Radford therefore earning an invitation spot for New Zealand.
However the selectors were not satisfied there was sufficient evidence that the swimmer was capable of achieving the published nomination criteria which is that an individual swimmer must be capable of achieving a top 16 placing at the Games with the potential to win an Olympic Diploma (top eight placing).
This is the over-arching criteria established by the New Zealand Olympic Committee for selection of all New Zealand athletes across all sports.
National Olympic Committees have one more week to confirm their qualification places and if Radford is not confirmed by New Zealand then the empty spots will go to the next-best ranked swimmer not already qualified, regardless of continent.
Another New Zealand swimmer who finds herself in a similar position is Charlotte Webby (New Plymouth) who finished 34th in the women's open water 10km field in Portugal but was the top-finishing swimmer outside of the top 10 from the Oceanic region.
Both athletes have received much social media support including a Facebook group set up entitled: 'Let's get Kane Radford and Charlotte Webby selected for Rio 2016,' which hundreds of people have liked. A petition has also been set up requesting Swimming New Zealand to overturn its decision.
Radford has also received support from fellow long distance swimmer - Australian Jarrod Poort who qualified for Rio after finishing 7th in Portugal.
On his Facebook page Poort spoke of his surprise on hearing the news that Radford had not been selected.
"Woke up this morning to some news that I can't really get my head around, it's seriously beyond craziness," he said.
"My good mate and close competitor who I have had many good races with, the man from across the ditch, Kane Radford (also goes by many nick names) has been unrightfully not been nominated to be selected on the NZ Olympic Team.
"Really feeling for him, he's probably one of the most passionate blokes around when it comes to representing his county and has worked so hard to fulfil his dream."
Kane Radford and his family told the Rotorua Daily Post they would not comment until an official appeal has been lodged.
Initial contact has been made by the Radford camp with New Zealand Swimming today but they are yet to state on what grounds they will appeal.