Integrity Sport and Recreation Act 2023

Integrity codes and anti-doping rules - Integrity codes

19: Commission may make integrity codes

You could also call this:

"The Commission can create rules to keep sport fair and honest, called integrity codes, to prevent cheating and bad behaviour."

Illustration for Integrity Sport and Recreation Act 2023

The Commission can make rules called integrity codes. You need to know that these codes set out minimum standards to prevent and address threats to integrity in sport and physical recreation. The Commission makes these codes to help keep sport fair and honest.

An integrity code can say what rights people have in relation to integrity in sport and physical recreation. It can also require organisations to have policies and procedures for responding to concerns about integrity. This includes complaints-handling and disciplinary procedures that comply with minimum requirements set out in the integrity code.

If someone breaks an integrity code, the code can provide for reasonable and proportionate sanctions. This means the Commission can impose conditions or restrictions on that person's participation in sport or organised physical recreation. The organisation that adopted the integrity code must enforce these sanctions.

The Commission can also require an organisation to take actions to fix a breach of the integrity code. This can include issuing an apology or paying compensation to any person affected. The organisation may need to change its policies or procedures to prevent similar breaches from happening again.

An integrity code can apply to the whole or a part of the sport and physical recreation sector. It can concern all threats to integrity or just specific threats. However, it cannot prescribe matters that are already covered by anti-doping rules made under section 23.

The Commission can make an integrity code that applies to acts or omissions that occur outside New Zealand, as long as it is consistent with section 17. When the Commission makes an integrity code, it is secondary legislation, which means it has to be published and follow certain rules, as outlined in Part 3 of the Legislation Act 2019. The integrity code comes into force 28 days after it is published, or on a later date specified in the code.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS787133.


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"The Commission works with others to keep sport fair and honest."


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Part 3Integrity codes and anti-doping rules
Integrity codes

19Commission may make integrity codes

  1. The Commission may make 1 or more integrity codes.

  2. An integrity code must set out minimum standards that apply across the part or whole of the sport and physical recreation sector to which the code applies for the purpose of preventing and addressing threats to integrity.

  3. An integrity code may—

  4. specify rights of participants in relation to integrity in sport and physical recreation:
    1. require an organisation that adopts the integrity code to have policies and procedures for responding to concerns about integrity (including complaints-handling and disciplinary procedures) that comply with minimum requirements set out in the integrity code:
      1. prescribe mechanisms for the making of complaints and disclosures to the Commission:
        1. prescribe culturally responsive dispute resolution procedures to be provided by the Commission and the types of disputes that may be referred to those procedures:
          1. require an organisation that adopts the integrity code or a participant, or other person, who has agreed to be bound by the integrity code to—
            1. provide to the Commission information or documents that the Commission considers is reasonably necessary for the purposes of any investigation conducted by the Commission under section 31 or 32:
              1. co-operate fully with an investigation under section 31 or 32 or any disciplinary process, for example, by attending a hearing or an interview:
              2. require an organisation that adopts the integrity code to provide to the Commission information or documents that the Commission considers reasonably necessary for the purpose of monitoring implementation of the integrity code:
                1. require an organisation that adopts the integrity code to report to the Commission issues of serious concern (which may be further specified in the integrity code) regarding integrity:
                  1. in relation to breaches by an individual of the integrity code, a policy or procedure made under the integrity code, or section 40,—
                    1. provide for reasonable and proportionate sanctions in the nature of conditions or restrictions on that individual’s participation in any sport or organised physical recreation to which the integrity code applies; and
                      1. require an organisation that adopts the integrity code to enforce sanctions prescribed in the integrity code under subparagraph (i) (including a sanction the organisation was required by a disciplinary panel under subpart 4 of Part 4 to impose):
                      2. in relation to breaches by an organisation of the integrity code, a policy or procedure made under the integrity code, or section 39, prescribe reasonable and proportionate actions that the Commission may require the organisation to take by way of remedy, including—
                        1. issuing an apology or paying compensation to any person:
                          1. taking steps to change the organisation’s policies or procedures:
                          2. prescribe—
                            1. the circumstances in which a matter may be referred to a disciplinary panel under subpart 4 of Part 4; and
                              1. the composition of a disciplinary panel:
                                1. the procedure of a disciplinary panel:
                                2. prescribe criteria that an organisation that adopts the integrity code must satisfy in order to gain a dispensation from any provisions of the integrity code and any necessary modifications to the integrity code that apply where a dispensation is granted:
                                  1. contain any other matters necessary or desirable to promote integrity in sport or organised physical recreation.
                                    1. An integrity code may—

                                    2. relate to the whole or a specified part of the sport and physical recreation sector (but not to a single sport or physical recreation); and
                                      1. concern all threats to integrity or specified threats to integrity.
                                        1. No integrity code may prescribe matters for which anti-doping rules have been or could be made under section 23.

                                        2. An integrity code may, consistently with section 17, provide that it applies to acts or omissions that occur outside New Zealand.

                                        3. An integrity code made under this section—

                                        4. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                                          1. comes into force on the later of—
                                            1. the date that is 28 days after it is published under that Act; and
                                              1. the date specified in the integrity code.
                                              Notes