Commitment to Te Tiriti o Waitangi

Table Tennis NZ recognises Te Tiriti o Waitangi as Aotearoa New Zealand’s founding document and is committed to upholding the mana of Te Tiriti o Waitangi and the principles of Partnership, Protection and Participation.

Policy 19: Complaints, Disputes and Appeals

Table Tennis NZ and its affiliated table tennis organisations know everyone involved in table tennis is here because of a shared passion for table tennis and care for the people involved.

When people involved in table tennis get into disagreements it can become a serious issue.

Table Tennis NZ and its affiliated table tennis organisations are committed to supporting everyone, including participants, coaches, volunteers, whānau and supporters to participate in an environment that is respectful, safe, and fair.

Table Tennis NZ and its affiliated table tennis organisations acknowledge it is important for everyone involved to respond quickly, fairly and thoughtfully to address issues. People are entitled to raise concerns or complaints and to have them addressed promptly and fairly. No one should be punished or victimised for raising a concern or a complaint in good faith.

This policy is centred on equity, dignity, respect and maximising the potential of all people in table tennis. The following principles should be kept in mind when applying it:

Respect for the culture(s) and ages of the people involved including having culturally appropriate processes to resolve complaints and restore relationships.
Addressing problems informally and face to face, wherever possible.
Treating others fairly, equally and in a way that keeps their mana intact.
Maintaining relationships and keeping each other safe.

Purpose

This policy sets out the steps for raising and dealing with concerns, disputes and complaints. It aims to:

support people to resolve minor issues on their own
set out a process for dealing with disputes between members
give clear guidance for making, dealing with and resolving complaints
make sure the approach taken to dealing with complaints is fair and consistent including enabling culturally appropriate responses and processes.

For definitions, please refer to the TTNZ Constitution.

Legislation Guidance

Table Tennis NZ may consider, resolve, and/or decide disputes between and among any one or more Members acting in their capacity as Members, any one or more Officers acting in their capacity as Officers and Table Tennis NZ, and members of associations affiliated to Table Tennis NZ, that relate to an allegation that:

a Member or an Officer has engaged in misconduct; or
a Member or an Officer has breached, or is likely to breach, a duty under the Constitution, or Table Tennis NZ’s policies or the Act.
Table Tennis NZ has breached, or is likely to breach, a duty under the Constitution, or Table Tennis NZ’s policies or the Act;
A Member’s rights or interests as a member of Table Tennis NZ or affiliated associations have been damaged or Members’ rights or interests generally have been damaged;
The member of an association affiliated to Table Tennis NZ has engaged in misconduct arising out of, or associated with, an event or programme under the control of Table Tennis NZ or where Table Tennis NZ has endorsed the players or non-players, coaches or officials to attend an international event; or
A member of an association affiliated to Table Tennis NZ has engaged in conduct which contravened a directive from Table Tennis NZ or its officials and / or representatives or breached a Table Tennis NZ player agreement or Table Tennis NZ Volunteer agreement or any other agreement with Table Tennis NZ.

Complaints

Who can make a complaint?

Complaints can be made by or about anyone involved in table tennis.

This includes volunteers, participants, supporters, club members, employees, service providers, Board / Committee members and families/whānau of participants of Table Tennis NZ and its affiliated table tennis organisations.

What can complaints be about?

Complaints may be made about things such as actions or decisions of organisation members or officials, processes not being managed well (or at all), disagreements between members, unprofessional or upsetting behaviour, or delays or failure to communicate about matters affecting a person.

Complaints may involve:

organisation management issues
conflicts of interest (including favouritism)
off-court unsporting behaviour
disrespectful behaviour
bullying
sexual harassment
discrimination
abuse of power
health and safety risks
offensive/insulting language or behaviour.

This complaints process does not apply to code-specific in-play decisions, or selection or eligibility decisions.

Complaints can be serious or low-level. The seriousness of the complaint will depend on the nature of the policy or rule that has been alleged to have been breached and the harm or potential harm caused by the alleged breach.

Serious complaints (e.g., unethical, dishonest or illegal behavior, harassment (sexual, racial or otherwise) bullying, health and safety risks, unlawful discrimination, and offensive/insulting language or behaviour) may be breaches of other Table Tennis NZ and its affiliated table tennis organisations policies. These will be assessed and may be dealt with under those other policies.

If you are unsure whether you may have a low-level or serious complaint, the CEO, Table Tennis NZ can provide guidance.

Low-Level Complaints must use informal resolution first

People are always encouraged, where comfortable, to raise problems directly with the person, committee or board concerned, unless there are safety reasons, or the issue is too serious to try to resolve it this way. If you do not feel comfortable raising your concern directly, a support person may raise it on your behalf.

Both parties involved should have a chance to be heard and feel safe to be able to say what they want to say, keeping in mind the need to find ways to resolve issues and be able to work with one another in future. It is open to any party to have a support person involved.

Sometimes it is not possible to raise the concern directly, for example (a) there are safety reasons or (b) the issue is too serious to try to resolve this way or (c) the complainant wishes to remain anonymous. In these situations, people are encouraged to contact the CEO of Table Tennis NZ or the Sport Integrity Commission for guidance.

If self-managed informal resolution has not resolved the issue or is not appropriate, it should be raised with either the affiliated table tennis organisation or with Table Tennis NZ. The ‘raise a concern’ document provides guidance.

Table Tennis NZ encourages affiliated members to try and resolve any disputes that arise between themselves.

If informal resolution between affiliated members is not successful, Table Tennis NZ CEO or Board may recommend that the members proceed to mediation or refer the dispute to the Sports Tribunal for assistance in resolving the dispute.

Formal Complaints

A formal complaint should be made where the nature of the complaint is serious, there is a material breach, or it would be inappropriate or unsafe to use the low-level informal resolution procedure.

What do I need to do?

Formal complaints should be made in writing, as soon as possible after the event(s), using the Complaints Form.

Who do I make the complaint to?

If the complaint is about an affiliated table tennis organization or club, the complaint first should be raised directly with that organization.

Complaints may be made directly to ttnz@tabletennis.nz or Contact Person of an affiliated table tennis organisation.

The Sport Integrity Commission should only be used where the complaint is of a nature that the Sport Integrity Commission will address, and according to their policies and procedures.

If there is any immediate threat of harm or safety refer the Raising a Concern policy for details of appropriate agencies to contact immediately.

How will I be treated?

Fairness: Every person dealing with a complaint will remain neutral and listen to both sides of the story.

Respect: Every person involved in a complaint will be treated and is expected to act towards others with respect, dignity and in a culturally appropriate way. Complaints will be raised and handled sensitively, with a goal of preserving relationships by acknowledging each other’s role and contribution to the sport.

Communication: Every person involved in a complaint will be regularly kept up to date on progress and the outcome.

Confidentiality: Information relating to a complaint will not be shared with any other person without consent, unless fair process or the law requires the information to be shared with a person or an authority. This will be discussed with the person providing the information.

Restoration: The goal is to resolve so far as possible the complaint to the satisfaction of all parties, restore people’s mana and maintain positive relationships within the organisation and across the sporting and wider community.

Acknowledgement: Every person admitting fault or found to be at fault after a fair process will be asked to acknowledge their fault to those harmed, acknowledge the harm and provide an apology.

Table Tennis NZ Decision-Making Process

The complaint (and relevant information) will be shared with:

individuals within the organisation who are responsible for addressing the complaint; and
the person or organisation complained about.

Complaints will be raised with the person complained about in a way that preserves the dignity and mana of that person, their whānau and their wider community.

If the complainant is not willing to have their complaint or identity shared with the person complained about, you should refer your complaint to the Sport Integrity Commission.

If the complaint involves the safety of children in any way, the Table Tennis NZ Child Safety policies must be followed.

If the complainant is under 18 years, Table Tennis NZ and/or its affiliated table tennis organisations will generally encourage the complainant to notify their parent/guardian and have a parent/guardian involved in the complaint resolution process.

If the person complained about is under 18 years, their parent/guardian must be notified and must be present at any discussion about the complaint.

An Officer or appointed person from Table Tennis NZ and/or its affiliated table tennis organisations will ask the complainant how they would like their complaint addressed, the process they would prefer and what outcome they are seeking.

Formal Complaints Process

How a formal complaint is made

A Member or an Officer may make a formal complaint using the Complaints Form and emailing it to ttnz@tabletennis.nz being notice in writing that:

states that the Member or Officer is starting a procedure for resolving a dispute in accordance with Table Tennis NZ’s Constitution and policies; and
sets out the allegation to which the dispute relates and whom the allegation is against; and
sets out any other information reasonably required by Table Tennis NZ.

Table Tennis NZ may also make a formal complaint

Table Tennis NZ may make a complaint involving an allegation against a Member or an Officer or a member of an association affiliated to Table Tennis NZ or it’s member clubs or individual whether persons or officer.

How Table Tennis NZ will make a formal complaint

By giving to the Member or Officer or member of an association affiliated to Table Tennis NZ or it’s member clubs or individual whether persons or officer a notice in writing that:

states that Table Tennis NZ is starting a procedure for resolving a dispute in accordance with Table Tennis NZ’s Constitution and policies; and
sets out the allegation to which the dispute relates.

The information given must be enough to ensure that a person against whom an allegation is made is fairly advised of the allegation concerning them, with sufficient details given to enable them to prepare a response.

Person who makes complaint has right to be heard

Unless Table Tennis NZ decides not to proceed with the complaint, the Member or an Officer who makes a complaint has a right to be heard before the complaint is resolved or any outcome is determined.

If Table Tennis NZ makes a complaint, they have a right to be heard:

Table Tennis NZ has a right to be heard before the complaint is resolved or any outcome is determined; and
an officer may exercise that right on behalf of Table Tennis NZ.

Without limiting the manner in which the Member, Officer, or Table Tennis NZ or any other member may be given the right to be heard, they must be taken to have been given the right if:

they have a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
an oral hearing (if any) is held before the decision maker; and
the member’s, officer’s, or Table Tennis NZ’s written statement or submissions (if any) are considered by the decision maker.

Person who is subject of complaint has right to be heard

This clause applies if a complaint involves an allegation that a Member, an Officer, member of an association affiliated to Table Tennis NZ or Table Tennis NZ (the respondent):

has engaged in misconduct; or
has breached, or is likely to breach, a duty under Table Tennis NZ’s Constitution or policies or any relevant legislation; or
has damaged the rights or interests of a member of Table Tennis NZ or affiliated associations or the rights or interests of members of Table Tennis NZ or affiliated associations generally; or
has engaged in misconduct arising out of, or associated with, an event or programme under the control of Table Tennis NZ or where Table Tennis NZ has endorsed the players or non-players, coaches or officials to attend an international event; or
has engaged in conduct which contravened a directive from Table Tennis NZ or its officials and / or representatives or breached a Table Tennis NZ player agreement or Table Tennis NZ Volunteer agreement or any other agreement with Table Tennis NZ.

The respondent has a right to be heard before the complaint is resolved or any outcome is determined.

If the respondent is Table Tennis NZ, an Officer may exercise the right on behalf of Table Tennis NZ. If the respondent is a Member association, or one of their members whether club or individual, an Officer may exercise the right on behalf of the Member association or its club.

Without limiting the manner in which a respondent may be given a right to be heard, a respondent must be taken to have been given the right if:

the respondent is fairly advised of all allegations concerning the respondent, with sufficient details and time given to enable the respondent to prepare a response; and
the respondent has a reasonable opportunity to be heard in writing or at an oral hearing (if one is held); and
an oral hearing is held if the decision maker considers that an oral hearing is needed to ensure an adequate hearing; and
an oral hearing (if any) is held before the decision maker; and
the respondent’s written statement or submissions (if any) are considered by the decision maker.

Investigating and determining dispute

Table Tennis NZ must, as soon as is reasonably practicable after receiving or becoming aware of a dispute or complaint made in accordance with its Constitution and policies, ensure that the dispute or complaint is investigated and determined in a fair, efficient and effective manner.

Table Tennis NZ may decide not to proceed further with dispute or complaint

Despite the above, Table Tennis NZ may decide not to proceed further with a dispute or complaint if:

the dispute or complaint is trivial; or
the dispute or complaint does not appear to disclose or involve any allegation of the following kind:
1. that a Member or an Officer has engaged in material misconduct
2. that a Member, an Officer, or Table Tennis NZ has materially breached, or is likely to materially breach, a duty under Table Tennis NZ’s Constitution or policies
3. that a Member’s rights or interests or Members’ rights or interests generally have been materially damaged
4. that a member of an association affiliated to Table Tennis NZ has engaged in misconduct arising out of, or associated with, an event or programme under the control of Table Tennis NZ or where Table Tennis NZ has endorsed the players or non-players, coaches or officials to attend an international event
5. that a member of an association affiliated to Table Tennis NZ has engaged in conduct which contravened a directive from Table Tennis NZ or its officials and / or representatives or breached a Table Tennis NZ player agreement or Table Tennis NZ Volunteer agreement or any other agreement with Table Tennis NZ.
the dispute or complaint appears to be without foundation or there is no apparent evidence to support it; or
the person who makes the dispute or complaint has an insignificant interest in the matter; or
the conduct, incident, event, or issue giving rise to the dispute or complaint has already been investigated and dealt with under the Constitution and policies;
there has been an undue delay in lodging the dispute or complaint;
another legal process applies to the alleged conduct giving rise to the dispute or complaint.

Table Tennis NZ may refer dispute or complaint to:

An officer; or
a subcommittee or an external person to investigate and report; or
a subcommittee, an arbitral tribunal, or an external person to investigate and make a decision; or
with the consent of all parties to the complaint, to any type of consensual dispute resolution such as mediation, facilitation, arbitration, or a tikanga-based practice.

Decision makers

A person may not act as a decision-maker in relation to a complaint if 2 or more members of the Board or committee or a complaints subcommittee consider that there are reasonable grounds to believe that the person may not be:

impartial; or
able to consider the matter without a predetermined view.

The Investigation Process and Principles

Where it is not possible to meet face to face, any meeting can be held by phone or video call if people have access to technology. If a person being complained about is not engaging with the process, they need to be advised in writing that if they do not engage with the process, then the investigation will proceed without the benefit of information from that person, and the decision will be made based on the information provided to the investigator and decision-maker.

Decisions should be made in a careful, reasoned way that is justified by the facts and is consistent with any rules that apply. The decision-maker will make their findings on the balance of probabilities.

The decision will be recorded in writing and state, in plain language:

the issue
any applicable policy or rule
the process followed
the decision (complaint upheld or not upheld)
the facts and any evidence relied on, including any submissions or explanations by anyone involved
the reason for the decision
any penalty or outcome on any party

Where the decision-maker considers that the concerns raised by the complaint and/or the outcome of the decision affect or are likely to affect the interests of other parties, Table Tennis NZ and/or its affiliated table tennis organisations will make best endeavours to obtain the views of such parties or a representative sample of them so that the full context of the issue can be considered.

Table Tennis NZ and/or its affiliated table tennis organisations will promptly provide a copy of the decision to the person or organisation complained about and the complainant and outline an appeal process (if any). The outcome should be discussed so that the parties understand the decision, why it was made, and what will happen next.

Consequences of Decisions

Where any complaints involve employees, should any decision relate to their employment, Table Tennis NZ and/or its affiliated table tennis organisations will treat them in accordance with their employment contracts and employment law.

Table Tennis NZ and/or its affiliated table tennis organisations will treat contractors (who are not employees) fairly, reasonably, and consistently with the terms of their contract.

Table Tennis NZ and/or its affiliated table tennis organisations will treat volunteers fairly, reasonably, and respectfully in making any decisions about their future conduct or participation in the sport or activity.

The people affected by the decision (the complainant, the person or people complained about, family/whānau and wider community) may have strong feelings about the outcome and the impact on their reputation, rights, or mana.

Table Tennis NZ and/or its affiliated table tennis organisations will hold a discussion about what steps can be reasonably be taken to restore relationships and mana of everyone involved. It will explore the need to provide support, especially if there are any concerns about health, wellbeing, or safety.

All matters relating to a complaint will be recorded in writing and placed on a confidential complaint file including the formal complaint itself, any response to the complaint, notes of any meetings or conversations, relevant documents, committee minutes, the decision, and any outcome. This is recorded in the Complaints Register which is included in the Board papers.

Decisions Final and Binding

Subject only to the right of appeal set out in Appeals, all decisions will be final and binding on all the parties.

Notifying other parties

Table Tennis NZ and/or its affiliated table tennis organisations will share the details of complaints with other parties involved in table tennis and agencies (e.g., NZ Police or Oranga Tamariki) as appropriate.

Table Tennis NZ will notify the relevant affiliated member association if the decision relates to its members. If any affiliated member association imposes any sanctions, suspensions or expulsions against any of its members, it must notify Table Tennis NZ within 14 days and provide a copy of the decision. Table Tennis NZ and all affiliated associations and their members must uphold all sanctions imposed subject to the appeals process. If a player requests a transfer during a period of sanction, Table Tennis NZ will follow the player transfer process, and the affiliated associations must share the relevant information to ensure sanctions are upheld.

What is the process for resolving a complaint made directly to the Sport Integrity Commission?

A complaint made directly to the Sport Integrity Commission will be dealt with in accordance with the Commissions policies and procedures.

Doping

This Policy does not apply to violations of New Zealand’s Sports Anti-Doping Rules. Members will be bound by the provisions of:

any international organisation’s anti-doping rules (e.g., the International Olympic Committee)
the New Zealand Sports Anti-Doping Rules (SADR)

Selection Appeals

This Policy will not apply to appeals against:

a member’s non-selection to a New Zealand sports team
a member’s non-nomination to a New Zealand Olympic, Special Olympic or Commonwealth Games Team.

Complaints Involving Children/Young People

If the complaint involves the safety of children in any way, or if the complaint is between children/young people, the Table Tennis NZ Child Safeguarding policies must be followed.

Relationship to Law

Any action taken under this Policy will be without prejudice to any right or remedy a member of Table Tennis NZ may have in law. If the person involved in alleged behaviour which may breach Table Tennis NZ’s policies or Code of Conduct is an employee of the organisation, a procedurally fair employment process must be followed before any action can be taken that affects the person’s employment.

Sanctions and Appeals

Misconduct means the breach of any of Table Tennis NZ’s Code of Conduct or policies or Constitution or the Act, or conduct that reflects unfavorably or may bring Table Tennis NZ or table tennis into disrepute or which may be prejudicial to the purposes or the interests of Table Tennis NZ, both on and off the court, other than a doping offence which shall be dealt with in accordance to the doping rules (see above). This includes conduct by a participant, employee, contractor or volunteer, player, official (referee or umpire), Board or committee member or office holders, administrator, coach, supervisor, manager, member, caregiver, parent, whānau or supporter.

Examples of misconduct include:

Theft
Assault
Verbal abuse
Inappropriate language
Abuse of equipment such as throwing, breaking or damaging in any way table tennis bats, balls, table or nets, officials' tables or counters, or court surrounds or abusive use of equipment other than within the intentions of the game
Drinking under-age
Discourtesy as a guest of a billet
Ill-mannered behaviour
Inappropriate dress
Entering then failing to appear at a tournament, unless in circumstances deemed appropriate, or acceptable, by the referee
Breach of player agreements
Breach of any agreement with Table Tennis NZ including but not limited to volunteers, officials (umpires, referees), coaches, team managers or any other contractual relationship
Failure to follow the reasonable instructions of a manager, coach or referee

Participant means a person who participates as a player or non-playing in any table tennis event or programme at, or sanctioned by, the International Table Tennis Federation (ITTF), World Table Tennis (WTT), Oceania Table Tennis Federation (OTTF), Table Tennis New Zealand, a member association, club or any affiliate of those bodies, or as a member of a club or team, and who is:

a NZ citizen
or is present in New Zealand
or is competing for NZ
or is representing NZ in any capacity whether voluntary or paid

Sanctions

Penalties

Potential penalties include (depending on the seriousness of the conduct and level of harm):

issue a written warning
withdrawal any awards, placings or records
require an apology
removal from a team or squad, and immediate return to NZ
non-availability for selection to a team or squad for a specified period
suspension from participation or attendance in any event or programme undertaken by Table Tennis NZ or any of its members for a specified period
a total ban from the game for a specified period
a financial penalty
financial recompense for any damage caused to property
payment of expenses incurred by the convening of a hearing
other reasonable penalty as deemed appropriate
suspension from office for a period
removal from office
termination, suspension or removal of appointment
enforce any sanction imposed by the ITTF, WTT, OTTF, IOC, Paralympics, or the Sports Tribunal

In determining what sanction to impose, the following factors will be taken into account:

nature and seriousness of the breach
whether the person knew or should have known the behaviour was a breach
the level of remorse demonstrated including an apology
the effect of the sanction on the individual
if there have been any relevant prior warnings or sanctions imposed on the individual
any mitigating circumstances

Before imposing a penalty, the respondent may be given an opportunity to comment on the proposed penalty.

Any penalties being imposed by Table Tennis NZ must be endorsed by the Board prior to being imposed.

Enforcement

Without limiting the remedies available to the Table Tennis NZ CEO and Board and this rule, the Table Tennis NZ CEO and the Table Tennis NZ Board may suspend the enforcement of any such sanction on such terms and conditions as they think fit.

Costs

Each party will be responsible for bearing its own costs in relation to the investigation process.

Appeals

A member may appeal a decision made by a regional affiliated member organisation to Table Tennis NZ only on the following grounds:

the penalty/sanction was incorrect, or excessive.

Written notice of any appeal must be provided to the Table Tennis NZ CEO at ttnz@tabletennis.nz within 28 days of the date of the decision being notified. The written notice shall:

include a copy of the decision being appealed
include a summary of the reasons why the member wishes to appeal the decision
indicate whether the member wishes to appeal part of the decision (and if so, the grounds for doing so) or have a reinvestigation of the entire matter.

A member may appeal a decision made by Table Tennis NZ only on the following grounds:

the penalty/sanction was incorrect, or excessive.

The appeal may be made to the Sports Tribunal, in accordance with the rules of that Tribunal.

Version: November 2024

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