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Integrity Sport and Recreation Act 2023

Powers, investigations, and disciplinary panels - Integrity investigations

32: Investigation of threat to integrity

You could also call this:

"Looking into things that might hurt the fairness of sports and recreation"

Illustration for Integrity Sport and Recreation Act 2023

The Commission can investigate something that does not follow the rules in section 31 or the anti-doping rules if it seems to be a threat to integrity and it is in the public interest. You need to know that the Commission thinks something is a threat to integrity if it looks like it could harm the integrity of a sport or recreation activity. The Commission must consider things like how severe the threat is and whether it is still happening when deciding if an investigation is in the public interest.

The Commission has to think about the best interests of the people involved in the sport or activity, including whether they are vulnerable. They also have to consider whether the threat is from one organisation or many, and whether someone else is already investigating the matter. If the threat is about a particular organisation, the Commission will think about what the organisation and the people involved have to say about whether an investigation is needed.

After the Commission investigates something, they can publish a report about what they found out, and they have to follow the rules in section 37 when they do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS817450.

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31: Investigation into breach of integrity code, or

"Looking into if someone broke the rules of fair play in sport and recreation"

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33: Initiation of investigation, or

"The Commission can start looking into something if someone complains or if they think it's necessary."

Part 4Powers, investigations, and disciplinary panels
Integrity investigations

32Investigation of threat to integrity

  1. The Commission may investigate anything to which neither section 31 nor the anti-doping rules apply if—

  2. the matter is or appears to the Commission to be a threat to integrity; and
    1. the Commission is satisfied that an investigation by the Commission is in the public interest.

      1. For the purpose of subsection (1)(b), the Commission—

      2. must take into account—
        1. the severity of the potential threat to integrity and whether the threat appears to be ongoing:
          1. the best interests of participants (including any vulnerabilities of the participants concerned):
            1. whether the threat to integrity appears to be at an organisational level or concerns more than 1 organisation:
              1. whether the matter has been, or is being, investigated by another relevant body:
                1. if the matter concerns a particular organisation, the views of the organisation and relevant participants on the need for an investigation; and
                2. may take into account any other matter the Commission thinks fit.

                  1. Following an investigation under this section, the Commission may publish a report in accordance with section 37.