NZLSA Conference Auckland 2008

Complaints and Appeals Procedures

This document sets out the rules governing penalties, complaints and appeals by competitors in the NZLSA National Law Students’ Championships. It also prescribes the procedure which competitors must follow when making a complaint under the rules, or appealing a decision made by the Competitions Convenor about a complaint made at the NZLSA Conference Championships.

This document is intended to be a comprehensive and the complaints and appeals procedures are mandatory. All complaints and appeals must be made in writing and must on the attached forms (Forms 1 and 2) and must contain reasons for the complaint or appeal being made.

Please note the strict time limits which apply for both laying complaints and appealing decisions. Your team must lodge a complaint at the earliest possible opportunity and within one hour of the incident complained of. Appeals must be made within one hour of the decision of the Convenor.

A team may complain about the conduct of any other competitor, team or person, if it is alleged that the conduct breaches the Rules. The Competitions Convenor will adjudicate on the complaint. The competitor, if he/she is dissatisfied with the Convenor’s decision, may appeal. There are thus two stages of the complaints and appeals process:

  1. The complaint must be laid with to the Competitions Convenor, who will make a decision.
  2. An appeal may be brought to the NZLSA Conference Appellate Body against the decision to the Convenor.

Please note that only a competitor may complain or appeal. Please also note that there is no right of appeal against the decision of a judge on the substantive merits of a round.

Before the conference begins all competitors will be informed of the location at which appeals must be lodged. On the bottom of this page are the mobile phone numbers for the Competitions Convenor and Competitions VP.

In the first instance, complaints and appeals must be directed to the Competitions Convenor: Miranda Grange, 027 256 9369.

 

Appeals or complaints about the conduct of the Competitions Convenor must be directed to the NZLSA Competitions Vice-President: Anna Cornelius, 0211118252.

 

RULES GOVERNING PENALTIES, COMPLAINTS AND APPEALS

The rules set out below are a guide to the rules contained in the NZLSA Championship Rules (ratified 27 April 2007). All competitors should be familiar with those Rules, as well as the rules promulgated by the sponsoring firm. Where there is an inconsistency or conflict between this document and the NZLSA Championship Rules then the Rules should prevail.

DIRECTIONS, PENALTIES AND DISQUALIFICATION

  1. Teams must act at all times in accordance with the directions of the Competitions Convenor, who may impose penalties, including disqualification, for any failure to comply.
  2. Teams that are late in submitting synopses or attending rounds (depending on the competition), or in any other way breach the rules of the competition as set out in these rules and the rules established by the sponsoring law firm, may be subject to a penalty, including disqualification, on the initiative of the Competitions Convenor and at his or her discretion.

COMPLAINTS

  1. Complaints about the conduct of any competitor, team or person, other than the Competitions Convenor, must be lodged with the Competitions Convenor.
  2. The Competitions Convenor will hear the complainant and, if possible, the respondent and determine the appropriate course of action in his or her discretion and in accordance with these Rules and the rules established by the sponsoring law firm.
  3. The Competitions Convenor may do any or all of the following:
    1. Direct any competitor, team or person to perform any action or refrain from performing any action;
    2. Impose any penalty or any competitor or team, including disqualification.

APPEALS

  1. A team may appeal a decision of the Competitions Convenor made either in the context of a complaint or pursuant to the rules regarding Directions, Penalties and Disqualification as noted above.
    1. Appeals will be heard by the Appellate Body composed of the NZLSA Competitions Vice-President, the NZLSA President, and one other person appointed by agreement of the Vice President and President.
    2. The Appellate Body may confirm or overturn the decision of the Competitions Convenor in whole or in part and may substitute its own decision.
    3. In substituting its decision for that of the Competitions Convenor, the Appellate Body possesses the same powers as the Competitions Convenor when he/she deals with complaints, as noted above.
    4. The decision of the Appellate Body will be final.
  2. Any other complaint about the conduct of the Competitions Convenor will be heard by the Appellate Body, which will render a final decision.
  3. Complaints and appeals must be lodged at the earliest possible opportunity.
  4. For the avoidance of doubt, a team may not appeal against the decision of a judge on the substantive merits of a round.

PROCEDURE FOR COMPLAINTS TO THE COMPETITIONS CONVENOR

  1. All appeals must be brought in writing, on the attached form (Form 1).
  2. All appeals must be made within one hour of the end of the round, or within one hour of the incident that is being appealed against, whichever time limit is longer.
  3. The Competitions Convenor may also hear from the complainant and/or from the respondent, or from any other person.
  4. The Competitions Convenor may dismiss or allow the appeal and may direct any competitor, team or person to perform any action or refrain from performing any action. The Competitions Convenor may impose any penalty on the competitor or team, including loss of points or disqualification.
  5. The Competitions Convenor must personally inform the person or team complaining of his/her decision within one hour of the complaint being lodged. The outcome may be made known either in writing or orally.
  6. The Competitions Convenor will advise of receipt of the complaint, and the one hour time limit will be deemed to have started from that advised time.
  7. The person or team complaining to the Competitions Convenor has one hour from the time of the decision of the Competitions Convenor to appeal the decision of the Competitions Convenor to the NZLSA Conference Appellate Body.
  8. The Competitions Convenor will advise the NZLSA Competitions Vice-President of the outcome of his/her decision and the time at which it was notified.
  9. The Competitions Convenor will give to the NZLSA Competitions Vice-President a copy of the complaint form containing the decision and any reasons.

PROCEDURE FOR APPEALS TO THE NZLSA CONFERENCE APPELLATE BODY

  1. A team may appeal a decision of the Competitions Conference, either in the context of a complaint or pursuant to the rules relating to directions, penalties and disqualification. Any other appeal about the conduct of the Competition Convenor will be heard by the appellate body.
  2. Appeals must be lodged within one hour of the notification of the decision by the Competitions Convenor, or within one hour of the direction, penalty or disqualification being issued.
  3. All appeals must be made in writing, on the attached form (Form 2), to the NZLSA Competitions Vice-President.
  4. Appeals must be lodged at the designated location determined by the Conference Convenor prior to the Conference.
  5. The Appellate Body will be comprised of the NZLSA President, the NZLSA Competitions Vice-President, and one person appointed by agreement of the President and Vice-President.
  6. Two types of appeal will be heard by the NZLSA Conference Appellate Body:
    1. Appeals against the decision of the Competitions Convenor; and
    2. Appeals referred to the NZLSA Conference Appellate Body by the Competitions Convenor without a decision having been made.
  7. The Appellate Body may consult with the Competitions Convenor, and/or the complainant, and/or the respondent, and/or any other person.
  8. In allowing or dismissing the appeal, the Appellate Body may:

                                i.            Overturn the decision of the Competitions Convenor;

                              ii.            Uphold the decision of the Competitions Convenor;

                            iii.            Amend the decision of the Competitions Convenor; or

                             iv.            May direct any competitor, team or person to perform any action or refrain from performing any action. The Appellate Body may impose any penalty on the competitor or team, including loss of points or disqualification.

  1. The decisions of the Appellate Body shall be final.

 

Downloads

Download NZLSA National Competition Rules
Competition Rules (PDF)
Download NZLSA Competitions Complaint Form
Form 1 (Word)
Download NZLSA Competitions Appeals Form
Form 2 (Word)