Olympics: Sports Tribunal awards costs of $15,000 against Cycling NZ after athlete’s successful non-selection appeal

Sammie Maxwell charged her way to eighth in the women's mountain bike race at the Olympic Games. Photo / Zac Williams, Photosport, SWpix.com

Cycling New Zealand (CNZ) has been ordered to pay costs of $15,000 by the Sports Tribunal after an appeal by mountain biker Sammie Maxwell.

Maxwell made an appeal to the tribunal in June this year following her initial non-selection for the Olympic Games in Paris this year. The basis for her non-nomination was she had failed to meet the CNZ eligibility criteria, which required her to demonstrate that she had no mental or physical impairment that would prevent her from performing to the highest possible standard at the Olympics.

The tribunal ruled in favour of Maxwell on the grounds that CNZ had relied on out-of-date and inaccurate medical information and that there were flaws in the selection process, including serious breaches of natural justice, and she was nominated for the Games where she earned an Olympic diploma with an eighth-placed finish.

Maxwell incurred legal costs in bringing her appeal to the Tribunal of around $31,000 and appealed that CNZ should cover those costs as her appeal was successful.

Maxwell submitted that as CNZ had greater resources than she did it was unfair that she should have to meet such substantial costs when the tribunal ruled in her favour. The tribunal noted CNZ opposed her application, submitting that the tribunal had no jurisdiction to consider her application and that Maxwell should meet her own costs.

In their decision, the tribunal said while it was unusual for them to award costs and it only happens in exceptional circumstances, that was the case for Maxwell and awarded costs of $15,000 against CNZ.

“The tribunal had hoped that the parties would resolve the matter by agreement and thereby avoid any publicity, but unfortunately that did not occur,” a statement said.

“The tribunal found that the circumstances of Ms Maxwell’s case were exceptional and justified awarding her costs of $15,000. The tribunal emphasises that this decision is based on the exceptional circumstances of the case and does not signal a departure from the tribunal’s long-established approach to awards of costs to successful parties; each case will continue to be assessed on its merits.”