Bowls Orewa

2 Commencement Date

3 Club Judicial Committee

3.1 Proceedings for Misconduct

3.1.1 Commencement of Proceedings

(a) Any person, or Member, who considers that a member or official of the Club has engaged in Misconduct under:

(i) Rule 2.1 (b) of the Club’s Constitution, or

(ii) Where the Club is the Controlling Body, Rule 2.1 (a) of the Club’s Constitution,may refer the allegation of Misconduct to the Club Secretary for determination by the Club’s Judicial Committee.

(b) An allegation in Regulation 3.1.1(a) shall be submitted in writing in the prescribed form set out in Annexure A and must be submitted as soon as possible and no later than 14 days after the alleged incident or incidents of Misconduct occurred. The Club Judicial Committee in its discretion may accept an allegation after 14 days if exceptional circumstances exist.

3.1.2 Procedure for Hearing

(a) Upon the Club Secretary receiving an allegation of Misconduct under regulation 3.1.1 s/he shall as soon as practicable:

(i) determine the availability of the Club Judicial Committee members and request the Chairperson of the Board to appoint the Chairperson of the Club Judicial Committee;

(ii) notify the other parties affected by the allegation of the fact that notice has been received and send to them copies of the allegation and any documentation or materials received in relation to it;

(iii) request the duly appointed Chairperson of the Club Judicial Committee (“Chairperson”), in consultation with the other members of the Club Judicial Committee, to determine a date, time and place for the hearing of the allegation;

(iv) appoint a Committee Secretary for the Club Judicial Committee (“Committee Secretary”), who shall be a person independent of the Club and of the parties to the allegation of Misconduct;

(v) give the parties affected by the allegation at least 7 days notice of the hearing, unless the Club Judicial Committee considers that the allegation must be determined urgently, in which case it may vary the timeframes set out in these Regulations. The notice of the hearing shall:

be in writing;
state whether the party or parties concerned, are required to appear or whether the allegation will be determined on the papers;
state the nature of the hearing and the matters or alleged offence(s) the subject of determination, the possible penalty or penalties and the date, place and time of the hearing; and
be delivered personally, by post and/or by facsimile to the last known address or facsimile number of the party or parties concerned.

(b) Subject to these Regulations, the Club Judicial Committee shall conduct the hearing as it sees fit and in particular it may accept evidence whether or not it would otherwise be legally admissible in a court of law and it shall not require any unnecessary formality, provided that it must comply with the principles of natural justice.

(c) The Chairperson of the Club Judicial Committee (“the Chairperson”) may, if necessary, make orders as to the direction of the hearing.

(d) The hearing shall take place as soon as practicable. It may be held in person, by consideration of written submissions, by telephone or video conference, or any combination of the above or otherwise as determined by the Club Judicial Committee.

(e) Persons appearing before the Club Judicial Committee shall be entitled to call witnesses but must present their case in person unless the Club Judicial Committee permits presentation through an advocate or legal representative. All parties and their witnesses shall be given a full opportunity to be heard.

(f) If the person against whom the allegation is made is absent or fails to make any written submissions, or their witness is absent, a decision may be made by the Club Judicial Committee in their absence or an adjournment may be granted. Before making such a decision in the person’s absence the Club Judicial Committee must satisfy itself that the person concerned was aware of the time, date and place of hearing and had been requested to participate on the hearing in accordance with these Regulations.

(g) If the hearing is in person, the Chairperson shall, at the commencement of it, announce the opening of the hearing, stating the Club Judicial Committee’s authority, jurisdiction, composition and the nature and purpose(s) of the hearing.

(h) At the commencement of the hearing, the procedure to be followed at a hearing shall be clearly explained by the Chairperson. The Chairperson shall in every case determine who is entitled to be present throughout the hearing, during evidence and submissions (including representatives of the media) and whether or not the proceedings are to be confidential.

(i) The allegation(s) which are the subject of hearing shall then be read to the person(s) concerned. The body or person making the allegation(s) shall be given the opportunity to give evidence and make submissions about those allegations. The person(s) concerned will be given the opportunity to respond to this evidence and submission. Any witnesses called by either the reporting body or the person(s) concerned will be given the opportunity to give evidence or make submissions. Witnesses may be questioned on their evidence by members of the Club Judicial Committee, and other parties to the matter as determined by the Chairperson. Evidence and/or submissions may be given in writing.

(j) The Club Judicial Committee will consider the evidence presented. The Club Judicial Committee may adjourn the hearing if necessary to do so. No other person shall be present or partake in any discussion with the Club Judicial Committee at this time.

(k) The Committee Secretary shall keep a record of the hearing, in the form determined by the Club Judicial Committee, and any decision made.

(l) The Club Judicial Committee shall have the power to request the attendance of any Member, or party or their representative at any proceedings before it. Where a person who is requested to attend, fails to attend or participate (whether by telephone or otherwise) in the hearing without reasonable excuse and explanation for that failure, the Club Judicial Committee may draw inferences from that failure to attend.

3.1.3 Procedure following hearing

(a) If, after hearing from the parties, the Club Judicial Committee finds an offence of Misconduct has not been committed, it will advise the Secretary as soon as possible, and dismiss the matter, accordingly.

(b) If the Club Judicial Committee finds an offence of Misconduct has been committed it may impose, in its discretion, an appropriate penalty or penalties set out in Regulation 3.1.4.

(c) In addition, or in the alternative to imposing any penalty, the Club Judicial Committee may, report its findings to the Club Judicial Committee Secretary with such recommendations as it considers appropriate.

(d) If a decision cannot be given by the Club Judicial Committee immediately after the hearing, the relevant party or parties must be advised of the date by which the decision will be given. The decision, any penalty, the reasons for the decision and notice of the person’s appeal rights shall be given in writing to the parties, and the Board, signed by the Chairperson.

3.1.4 Recommendations and PenaltiesRule 2.1 Misconduct

(a) If the Club Judicial Committee finds that an offence under Rule 2.1 “Misconduct” of the Club Constitution has been committed, it may impose any one or more of the following penalties:

(i) a reprimand;

(ii) suspension from such activities of the Club, including competitions, tournaments, events, General Meetings or other meetings or functions of the Club on such terms and for such period as it thinks fit;

(iii) exclusion from a particular competition, tournament, event, General Meetings or other meetings or functions of the Club;

(iv) suspension or termination of membership of the Club;

(v) fines, imposed in such manner and in such amount as the Club Judicial Committee thinks fit;

(vi) any other penalty specified in these Regulations, or any policy, resolution or determination which the person has breached, failed, refused or neglected to comply with;

(vii) such other penalty as the Club Judicial Committee considers commensurate with the offence; and/or

(viii) such combination of any of the above penalties as the Club Judicial Committee thinks fit.

(b) In addition to any penalty imposed under regulation 3.1.4(a) or in the alternative to such penalty, after hearing an allegation of Misconduct the Club Judicial Committee may make recommendations to the Board through the Club Secretary.

(c) A decision of the Club Judicial Committee under Rule 22.1 may be appealed under Rule 23 of the Constitution and regulation 4.

3.2 Disputes

3.2.1 Commencement of Dispute

(a) Where there is a Dispute under: Rule 2.1 “Dispute”any party to the Dispute may refer it to the Club Secretary for determination by the Club Judicial Committee.

(b) A Dispute in Regulation 3.2.1(a) shall be submitted in writing in the prescribed form set out in Annexure B and must be submitted as soon as possible and no later than fourteen (14) days after the alleged incident or incidents giving rise to the Dispute occurred. The Club Judicial Committee in its discretion may accept a Dispute after fourteen (14) days if exceptional circumstances exist.

3.2.2 Procedure for Resolving Dispute

(a) Upon the Secretary receiving notice of a Dispute under regulation 3.2.1 s/he shall as soon as practicable:

(i) determine the availability of the Club Judicial Committee members and request the Chairperson of the Executive to appoint the Chairperson of the Judicial Committee;

(ii) notify the other parties affected by the Dispute of the fact that the Dispute has been referred to the Club Judicial Committee and send to them copies of the Dispute and any documentation or materials received in relation to it;

(iii) request the Chairperson, duly appointed in consultation with the other members of the Club Judicial Committee, to determine a date, time and place for the hearing of the Dispute;

(iv) appoint a Committee Secretary for the Club Judicial Committee, who shall be a person independent of the Club and of the parties to the Dispute;

(v) give the parties affected by the allegation at least 7 days notice of the hearing unless the Club Judicial Committee considers that the Dispute must be determined urgently, in which case it mayvary the timeframes set out in these Regulations. The notice of the hearing shall:

be in writing;
state whether the party or parties concerned are required to appear or whether the Dispute will be determined on the papers;
state the date, place and time of the hearing; and
be delivered personally, by post and/or by email to the last known address or email address of the party or parties concerned.

(b) If after enquiry and agreement of the parties, the Club Judicial Committee considers that there is a reasonable prospect of the Dispute being resolved by further discussion and/or mediation, rather than by determination of the Club Judicial Committee, it may refer the Dispute to the Committee Secretary for him/her to appoint an independent mediator which is acceptable to both parties. The parties to the Dispute shall share the cost of the mediator equally.

(c) A mediator appointed under regulation 3.2.2(b) shall have no power to make a determination, but shall mediate the Dispute to see whether an agreement can be reached between the parties. The parties shall determine, by agreement, the time period in which they will attempt to resolve the Dispute by mediation.

(d) If by the agreed time period an agreement is reached on the outcome of the Dispute, the mediator shall notify the Committee Secretary of the outcome. If an agreement cannot be reached within the agreed time period, the Dispute shall be referred back to the Club Judicial Committee for determination under these Regulations.

(e) The procedures of the Club Judicial Committee set out in regulations 3.1.2(b) to 3.1.2(l) with any consequential modifications shall apply to Disputes.

3.2.3 Procedure Following Hearing

(a) Once the Club Judicial Committee has determined the outcome of the Dispute, the decision, and the reasons for the decision and notice of the person’s appeal rights shall be given in writing to the parties, and the Executive Committee, signed by the Chairperson.

(b) In addition, or in the alternative to determining the outcome of a Dispute the Club Judicial Committee may, report its findings to the Club Secretary with such recommendations as it considers appropriate.

(c) If a decision cannot be given by the Club Judicial Committee immediately after the hearing, the relevant party or parties must be advised of the date by which the decision will be given.

4 Appeals

4.1 Commencement of Appeal to Club Judicial Committee

4.1.1 Where a party referred to in Rule 23.1(a) of the Club’s Constitution wishes to appeal to the Club’s Judicial Committee, the Appellant (the “Appellant”) must give written notice of their appeal (as set out in regulation 4.1.4) to the Club Secretary within 14 days of the decision appealed against being advised in writing to the Appellant.

4.1.2 In addition to regulation 4.1.1, the Appellant shall pay a non-refundable fee of $100 (incl GST) to the Club within 14 days of the decision appealed against being advised in writing to Appellant.

4.1.3 Any appeal under regulation 4.1.1 shall be limited to any one or more of the following grounds:

(a) that natural justice was denied;

(b) the decision making body acted ultra vires or beyond its powers;

(c) that substantially new evidence has become available after the decision which is being appealed;

(d) in respect of Misconduct proceedings only, that the penalty was either excessive or inappropriate.

4.1.4 The Notice of Appeal in regulation 4.1.1 must:

(a) set out the grounds of appeal;

(b) set out the outcome which is sought;

(c) be accompanied by a statement or statements of evidence setting out the facts of the matter;

(d) be accompanied by a written submission setting out why and how the Appellant considers the decision was wrong; and

(e) be in the prescribed form as set out in Annexure C.

4.2 Procedure for Appeals

4.2.1 Upon the Club Secretary receiving Notice of Appeal under regulation 4.1.1 s/he shall as soon as practicable:

(a) Refer the Appeal to the Regional Judicial Committee under Rule 23.1 (a)

(b) notify the other parties affected by the Appeal of the fact that the Appeal has been referred to the Regional Judicial Committee and send to them copies of the Notice of Appeal and any documentation or materials received in relation to it;

4.2.2 During any Appeal relating to Misconduct under this Regulation, the persons against whom an allegation of Misconduct is made may be suspended, on such terms and for such period as the Club Judicial Committee thinks fit.

4.3 Procedure for Appeal Against Decision of Club Judicial Committee

Where a party referred to in Rule 23.1(a) of the Club Constitution wishes to appeal a decision of the Club Judicial Committee, the Appellant (“the Appellant”) must appeal in accordance with the Constitution and Regulations of the Centre.

5 Other Provisions relating to Club Judicial Committee

6 Visitors

7 Colours

8 Matches, Tournaments and Competitions

9 Selectors

10 Coaches, Umpires and Club Captains

11 Protection of Greens

12 Lending and Use of Greens

13 Complaints

Annexure A

Annexure B

Annexure C

NOTICE OF APPEAL

Regulation 4.1.1

I, …………………………………………………………

(name)

of ……………………………………………………………………………………………………………….

(address)

…………………………………………………………

give notice that I wish to appeal the decision of:…………………………………………………………

(insert name of official or committee of a Club, e.g. Match Committee which gave decision which you are appealing) which decision was notified to me on

……………………………………………………

(date)

on the grounds that:

(continue on separate page if necessary)

…………………………………………………………

The outcome which I am seeking from this appeal is:

(continue on separate page if necessary)

………………………………………………………………………………………………………………………..

As required under the Club’s Regulations, attached to this Notice of Appeal is:

A statement or statements of the facts giving rise to this appeal (i.e. a statement of what happened at, or in connection with, the hearing or the decision which you are appealing)
A submission on why I consider the decision is wrong.
My cheque for the sum of $100 payable to “Bowls Orewa Incorporated” being the non-refundable fee for the appeal.

Signed: ……………………………………………

Date: ……………………………………………

This form and the attachments referred to in it, must be submitted within 14 days of the day on which you were notified of the decision which you are now appealing, to the Secretary of the Club, [postal address] for consideration by the Club’s Judicial Committee.

Regulations of Bowls Orewa Incorporated

1 Definitions