The Australian and New Zealand Sports Law Journal 2008

Major event regulation: Lessons for and from New Zealand

Professor Louise Longdin

A number of jurisdictions have now enacted specialinterest (major eventmanagement) legislation prohibiting ambush marketing and other related trade practices that in many cases were lawful, if sometimes cheeky or unethical. Supporters urge such legislation is necessary to safe guard the interests of those who officially invest in underwriting or associating themselves with a major event. However, the new laws have the capacity to erode freedom of expression and undermine carefully constructed statutory intellectual property and consumer protection codes, as well as judicially pedigreed causes of action based on allegations of misrepresentation, connection confusion or misappropriation without offering the checks and balances that these mechanisms afford. New Zealand’s one size fits all Major Event Management Act 2007 goes further than most in this direction by presuming infringement and creating new quasi property rights and open ended criminal offences. The writer examines the theoretical underpinnings, scope and likely application of New Zealand’s recent initiative against some of its overseas counterpart s and argues that concessions made during the Act’s passage in an attempt to balance new against existing private rights are too half-hearted to make up for its underlying deficiencies.

Contract and athlete selection

David Thorpe

This paper examines the contractual basis of athlete selection and proposes that the authority to make selection is confined to the express and implied contractual terms describing the selection process. The x paper first considers selections made “objectively” and mandated through express contractual terms. “Subjective” regimes of selection are then considered and the suggestion made that despite selectors possessing the contractual power to apply their own opinion in making selections the entitlement is not unfettered. Under such regimes selectors are obliged, through implication, to apply their discretion honestly and in good faith. It is further proposed that the application of a term of selection is constrained by matters of contract construction and the implication of business efficacy.

Organisational structure, economics and best governance practice in non-professional sporting leagues

Paul Horvath

Sporting competitions and sports leagues can involve the management of significant budgets, serious sporting pathways for future elite athletes, and can mean running regular competitions for thousands of athletes. Governing the sporting league, which includes policy making and direction setting, takes on great importance, and perceived failures by agoverning body (such as the board) can lead to legal action. Best practice governance assists those managing sports competitions to minimise the potential for legal challenges against decisions they (or their various arms such as disciplinary tribunals) make or rules they implement. Best governance practice also helps avoid unnecessary exposure by board members to personal legal liability for their actions taken as board members. Implementing the best possible governance practices can ensure that the competition runs smoothly, risks are appropriately managed, and the best competitive outcomes are achieved.