DOCSLIB.ORG

PUBLIC NZRU Authorisation Application

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
PUBLIC NZRU Authorisation Application PUBLIC VERSION Commerce Act 1986: Restrictive Trade Practice Section 58: Notice Seeking Authorisation The New Zealand Rugby Football Union Incorporated Date: 9 November 2005 The Registrar Business Acquisitions and Authorisations Commerce Commission PO Box 2351 WELLINGTON Application lodged by: Kensington Swan 89 The Terrace PO Box 10 246 Wellington Phone: (04) 472 7877 Fax: (04) 472 2291 Contact: John Land/Fleur Knowsley Pursuant to section 58 of the Commerce Act 1986 notice is hereby given seeking authorisation of certain restrictive trade practices. 053130106 fjk Index A Application Details .................................................................................................................... 4 1 Applicant....................................................................................................................... 4 2 Restrictive Trade Practice ............................................................................................. 4 3 Affected Parties............................................................................................................. 9 4 Commission Jurisdiction............................................................................................. 10 B Executive Summary ................................................................................................................. 11 5 Application.................................................................................................................. 11 6 Management Mechanisms........................................................................................... 11 7 Markets........................................................................................................................ 12 8 Counterfactual ............................................................................................................. 13 9 Public Benefits ............................................................................................................ 13 10 Competitive Detriments .............................................................................................. 14 11 Conclusion................................................................................................................... 15 C Proposed Arrangements ........................................................................................................... 16 12 Background ................................................................................................................. 16 13 Salary Cap ................................................................................................................... 19 14 Australian Experience ................................................................................................. 24 15 Player Transfer Regulations........................................................................................ 26 16 Non-payment of Modified Division One Players........................................................ 27 17 Implementation of the Proposed Arrangements.......................................................... 29 D Market and Competition Considerations ................................................................................. 31 18 Counterfactual ............................................................................................................. 31 19 Market Definition........................................................................................................ 32 20 Barriers to Entry/Expansion........................................................................................ 36 E Jurisdiction of the Commission................................................................................................ 37 21 Introduction................................................................................................................. 37 22 “Services” in terms of the Act..................................................................................... 37 23 Application of section 44(1)(f).................................................................................... 39 24 Conclusion................................................................................................................... 40 F Competition Analysis............................................................................................................... 41 25 Introduction................................................................................................................. 41 26 Salary Cap ................................................................................................................... 41 27 Player Transfer Regulations........................................................................................ 48 28 Non-payment of Modified Division One Players........................................................ 49 G Public Benefits – Salary Cap.................................................................................................... 57 29 Introduction................................................................................................................. 57 30 Direct Benefits ............................................................................................................ 57 31 Additional Indirect Benefits........................................................................................ 60 H Balancing of Benefits and Detriments ..................................................................................... 62 32 Section 61(6) analysis ................................................................................................. 62 I Confidentiality ......................................................................................................................... 63 33 Paragraphs containing Confidential Information ........................................................ 63 34 Schedules containing Confidential Information.......................................................... 63 35 Reasons for seeking Confidentiality............................................................................ 63 36 Time Period for Confidentiality .................................................................................. 64 Confidential Schedule A: Draft Salary Cap Regulations.......................................................................... 2 053130106 fjk Confidential Schedule B: Draft Player Movement Regulations ............................................................... Confidential Schedule C: Draft Division One Amateur Player Regulations ............................................ Schedule D: Provincial Unions................................................................................................................. Confidential Schedule E: Collective Employment Agreement................................................................. Schedule F: Format of new NPC Competitions........................................................................................ Schedule G: PricewaterhouseCoopers Report .......................................................................................... Schedule H: Dr Rodney Fort Report......................................................................................................... Schedule I: Ian Schubert Statement .......................................................................................................... Schedule J: Brown Copeland Report ........................................................................................................ Confidential Schedule K: NZRU Analysis of Impact of Cap................................................................... Supplementary Documents Provided The NZRU has also provided a bundle of documents providing supplementary information. The documents provided are: Title: Author: 1. Media Release – 22 September 2005 re: Special New Zealand Rugby Union Payments to Provincial Unions 2. The Impact of Salary Caps in Professional Team Stefan Kesenne Sports 3. Cross-subsidization, Incentives, and Outcomes in Rodney Fort Professional Team Sports Leagues 4. Pay Dirt – The Business of Professional Team Sports James Quirk and Rodney Fort 5. The Use of Salary Caps in Professional Team Sports Chris Davies and the Restraint of Trade Doctrine 6. The Basis for a Successful Sporting Competition Alan Jackson In addition, the Commission has been provided with a copy of: a) Competitions Review – Final Report, NZRU; and b) New Competitions Information Summary – Premier Division, Division One, NZRU. 3 053130106 fjk A Application Details 1 Applicant 1.1 An application for authorisation for a restrictive trade practice is hereby made in terms of section 58 of the Commerce Act 1986 (the “Act”) by The New Zealand Rugby Football Union Incorporated (the “NZRU”). 1.2 Address: 1 Hinemoa Street (Centreport) PO Box 2172 Wellington Telephone: (04) 499 4995 Facsimile: (04) 499 4224 Attention: Steve Tew Deputy Chief Executive Officer 1.3 All correspondence and notices in respect of this application should be directed, in the first instance, to: Kensington Swan 89 The Terrace PO Box 10246 Wellington Telephone: (04) 472 7877 Facsimile: (04) 472 2291 Attention: John Land/Fleur Knowsley 2 Restrictive Trade Practice 2.1 This application relates to proposed practices of a kind detailed in section 58 of the Act. Full particulars are: 2.2 Salary Cap 2.3 A proposal to enter into and give effect to a Salary Cap with the features set out in the table below (defined terms in the table are those
Load more

Recommended publications
  • TO: NZRL Staff, Districts and Affiliates and Board FROM: Cushla Dawson
    TO: NZRL Staff, Districts and Affiliates and Board FROM: Cushla Dawson DATE: 28 October 2008 RE: Media Summary Wednesday 29 October to Monday 03 November 2008 Slater takes place among the greats: AUSTRALIA 52 ENGLAND 4. Billy Slater last night elevated himself into the pantheon of great Australian fullbacks with a blistering attacking performance that left his coach and Kangaroos legend Ricky Stuart grasping for adjectives. Along with Storm teammate and fellow three-try hero Greg Inglis, Slater turned on a once-in-a-season performance to shred England to pieces and leave any challenge to Australia's superiority in tatters. It also came just six days after the birth of his first child, a baby girl named Tyla Rose. Kiwis angry at grapple tackle: The Kiwis are fuming a dangerous grapple tackle on wing Sam Perrett went unpunished in last night's World Cup rugby league match but say they won't take the issue further. Wing Sam Perrett was left lying motionless after the second tackle of the match at Skilled Park, thanks to giant Papua New Guinea prop Makali Aizue. Replays clearly showed Aizue, the Kumuls' cult hero who plays for English club Hull KR, wrapping his arm around Perrett's neck and twisting it. Kiwis flog Kumuls: New Zealand 48 Papua New Guinea NG 6. A possible hamstring injury to Kiwis dynamo Benji Marshall threatened to overshadow his side's big win over Papua New Guinea at Skilled Park last night. Arguably the last superstar left in Stephen Kearney's squad, in the absence of show-stoppers like Roy Asotasi, Frank Pritchard and Sonny Bill Williams, Marshall is widely considered the Kiwis' great white hope.
    [Show full text]
  • Sir Peter Leitch Club at MT SMART STADIUM, HOME of the MIGHTY VODAFONE WARRIORS
    Sir Peter Leitch Club AT MT SMART STADIUM, HOME OF THE MIGHTY VODAFONE WARRIORS 21st September 2016 Newsletter #140 By David Kemeys Former Sunday Star-Times Editor, Former Editor-in-Chief Suburban Newspapers, Long Suffering Warriors Fan RIKEY DID the Vodafone Warriors get hammered at the weekend. The constant theme was that we Cneed a player clearout. That is hardly groundbreaking stuff, but what was, was that players were named. Hugh McGahan singled out Manu Vatuvei and Ben Matulino, arguing both had failed to live up their status as two of our highest paid players. The former Kiwi captain said Warriors coach Stephen Kearney could make a mark by showing the pair the door, and proving to the others that poor performances won't be tolerated. “Irrespective of his standing, Manu Vatuvei has got to go,” McGahan told Tony Veitch. “And again, irre- spective of his standing, Ben Matulino has got to go. They have underperformed. If you're going to make an impact I'd say that's probably the two players that you would look at.” Bold stuff, and fair play to the man, he told it like he saw it. Kearney, on the other hand, clearly doesn’t see it the same way, since he named both in the Kiwis train-on squad, and while he acknowledged they had struggled this year, he backed himself to get the best out of them. In fact he went further, he said it was his job. “That's my responsibility as the coach, to get the individuals in a position so they can go out and play their best.
    [Show full text]
  • The Identification of Collective Bargaining Issues for the Korea Baseball Organization Jongmi Joo
    Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2003 The Identification of Collective Bargaining Issues for the Korea Baseball Organization Jongmi Joo Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF EDUCATION THE IDENTIFICATION OF COLLECTIVE BARGAINING ISSUES FOR THE KOREA BASEBALL ORGANIZATION By JONGMI JOO A Dissertation submitted to the Department of Sport Management, Recreation Management, and Physical Education in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Fall Semester, 2003 The members of the Committee approved the dissertation of Jongmi Joo defended on August 25, 2003. Annie Clement Professor Directing Dissertation David Pargman Outside Committee Member Alvin Stauber Outside Committee Member Tom Ratliffe Committee Member Approved: Charles Imwold, Chair, Department of Sport Management, Recreation Management, and Physical Education The Office of Graduate Studies has verified and approved the above named committee members. ii Dedicated to my father, Cheongon Joo, mother, Seonggu Lee, father in law, Dr. Donghee Choi, and mother in law, Yongjae Kim iii ACKNOWLEDGMENTS This dissertation might never be completed without the help of a number of individuals. I would like to thank Dr. Annie Clement, major professor, whose leadership, understanding, guidance, patience, and friendship have been a constant source of encouragement and motivation. I offer my sincere thanks to the other members of my committee, Dr. David Pargman, Dr. Alvin Stauber, and Dr. Tom Ratliffe for their excellent suggestions, which were instrumental in the completion of this study. I feel truly blessed to have had such a wonderful committee members.
    [Show full text]
  • Sir Peter Leitch Club at MT SMART STADIUM, HOME of the MIGHTY VODAFONE WARRIORS
    Sir Peter Leitch Club AT MT SMART STADIUM, HOME OF THE MIGHTY VODAFONE WARRIORS 16th August 2017 Newsletter #183 Awesome Loyal Fans Supporting the Boys Last Sunday! For Sale: One Used League Club, Average Condition By David Kemeys Former Sunday Star-Times Editor, Former Editor-in-Chief Suburban Newspapers, Long Suffering Warriors Fan O AUCKLAND businessman Paul Davys is in talks with our owner Eric Watson about buying the club, Salthough Watson says he’s in no hurry. He’s had a stake for 17 years, so full marks for persistence, and what’s another year. Watson might be in no hurry, Davys is, saying he’ll give Watson until Friday because he needs to know one way or the other, or he'll walk away. “If he hasn't by the end of the week then it's probably better for the club and me to move on.” Davys has a chunk of the childcare company ChoiceKids, which is as far – or almost identical, depending on your viewpoint – from league as it is possible to get. Doesn’t seem to worry Davys, who says he wants to be hands on, and he is one of the many convinced the culture is wrong, and that attitudes have to improve. “There's a culture problem, fan scan see it, the coaching staff can see it, and the players can see it. But it's hard to change if you don't know how. I've got a fair idea and a fair amount of knowledge on how to build a cul- ture, so that's what I can bring.” No shortage of confidence then.
    [Show full text]
  • Forward Momentum
    Forward momentum JIM TUCKER finds out what Taranaki rugby is doing to make more history: “It was the BBC - Brown, Briscoe and Carroll.” So began the front page story in the Taranaki Herald Sports Edition one Saturday in 1959. It was one of an endless string of puns the paper’s rugby writer used to chronicle extraordinary feats by Taranaki’s late-50s Ranfurly Shield holders. The monikers so playfully employed above – it could easily have been Burke, Boon and Cameron - are a distant memory for most of today’s generation. But they’re far from forgotten at Taranaki Football Rugby Union HQ in Yarrow Stadium. As the photograph of TRFU chief executive Mike Collins shows, that great team dominates one whole wall of the meeting room, and as the union gears up to repeat last year’s win in the ITM inter-provincial rugby competition, the names of Peter Burke, Ross Brown, Kevin Briscoe, Ralph Carroll and company resonate as never before. One reason is the current team already rivals the ‘59ers on at least one measure – the number of All Blacks in its ranks While Taranaki had six at various stages between 1957 and 1960, today’s team has five, with more in the offing. It also has eight Maori All Blacks, (including captain Charlie Ngatai, also an All Black), and two in the Junior All Blacks. Not that any of this is particularly at the forefront He says the academy managers, Willy Rickards of Mike Collins’ mind as he and his team prepare and Adam Haye, spotted Vaeno during some high for the ITM Cup season, which began with a school first fifteen games.
    [Show full text]
  • WESTS TIGERS RUGBY LEAGUE FOOTBALL V NATIONAL RUGBY LEAGUE – the CASE THAT COULD HAVE STOPPED the NRL
    2011 6(1) Australian and New Zealand Sports Law Journal 1 WESTS TIGERS RUGBY LEAGUE FOOTBALL v NATIONAL RUGBY LEAGUE – THE CASE THAT COULD HAVE STOPPED THE NRL David Trodden* ‘It could cost us £30 million but what can we do? He’s given a goal.’ This was Tottenham Hotspur manager Harry Redknapp speaking after a refereeing error resulted in a goal being awarded against his team when the ball clearly didn’t cross the goal line. It was in a crucial end of season match against Chelsea in the English Premier League. Spurs lost the match 2–1, negatively affecting their prospects of qualifying for the European Champions League in the following season.1 ‘What can we do’ asks Harry? ‘You can’t sue a referee’ I hear you say. Why not? Everyone else is liable for their mistakes. Why not a referee? Is there any principle of law which prevents a referee from being sued? This article attempts to examine what Harry Redknapp, and those in similar situations, can do. It examines the possibility of taking action to correct an incorrect refereeing decision. It also considers, in a far briefer and more general sense, the possibility of recovering damages in circumstances where the decision can’t be corrected. Wests Tigers found themselves in a similar situation to Tottenham Hotspur when a refereeing error cost them the chance of playing in the 2010 National Rugby League (‘NRL’) Grand Final. This is what they could have done. Introduction On 25 September 2010, Wests Tigers played against St George Illawarra Dragons at ANZ Stadium in Sydney, in the preliminary final of the National Rugby League Competition.
    [Show full text]
  • Australia Chapter in the Sports Law Review
    the Sports Law Review Law Sports Sports Law Review Fifth Edition Editor András Gurovits Fifth Edition Fifth lawreviews © 2019 Law Business Research Ltd Sports Law Review Fifth Edition Reproduced with permission from Law Business Research Ltd This article was first published in December 2019 For further information please contact [email protected] Editor András Gurovits lawreviews © 2019 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGER Joel Woods SENIOR ACCOUNT MANAGERS Pere Aspinall, Jack Bagnall ACCOUNT MANAGERS Olivia Budd, Katie Hodgetts, Reece Whelan PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCH LEAD Kieran Hansen EDITORIAL COORDINATOR Tommy Lawson HEAD OF PRODUCTION Adam Myers PRODUCTION EDITOR Helen Smith SUBEDITOR Janina Godowska CHIEF EXECUTIVE OFFICER Nick Brailey Published in the United Kingdom by Law Business Research Ltd, London Meridian House, 34-35 Farringdon Street, London, EC2A 4HL, UK © 2019 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided was accurate as at November 2019, be advised
    [Show full text]
  • New Zealand Rugby & Rugby Players Collective
    NEW ZEALAND RUGBY & RUGBY PLAYERS COLLECTIVE COLLECTIVE EMPLOYMENT AGREEMENT 2016-2018 COLLECTIVE EMPLOYMENT AGREEMENT BETWEEN NEW ZEALAND RUGBY UNION INCORPORATED AND RUGBY PLAYERS COLLECTIVE INCORPORATED Contents Part 1 – Basic Terms .................................................................1 1. Fundamental Principles of Agreement ........................................1 2. Parties ..............................................................................3 3. Term ...............................................................................3 4. Variation ...........................................................................4 5. Coverage ...........................................................................5 6. The Employment Environment under this Collective Agreement .........5 7. Secondment .......................................................................7 Part 2 – NZRU Player Generated Revenue and the Player Payment Pool .9 8. NZRU Player Generated Revenue and the Player Payment Pool ...........9 9. Player Payment Pool ........................................................... 12 10. Audit .............................................................................. 12 11. Variation Ledger ................................................................ 13 12. High Performance Sport New Zealand Funding (“HPSNZ”) ............... 15 Part 3 – Property ................................................................... 16 13. Principles .......................................................................
    [Show full text]
  • Here We Come 14
    “For anyone who is interested in looking beyond the names, the dates, the half-truths and the mythologies and entering the realm of rugby’s place in our history, this is a must read.” — Chris Laidlaw Rugby is New Zealand’s national sport. From the grand tour by the 1888 Natives to the upcoming 2015 World Cup, from games in the North African desert in World War II to matches behind barbed wire during the 1981 Springbok tour, from grassroots club rugby to heaving crowds outside Eden Park, Lancaster Park, Athletic Park or Carisbrook, New Zealanders have made rugby their game. In this book, historian and former journalist Ron Palenski tells the full story of rugby in New Zealand for the first time. It is a story of how the game travelled from England and settled in the colony, how Ma¯ori and later Pacific players made rugby their own, how battles over amateurism and apartheid threatened the sport, how national teams, provinces and local clubs shaped it. But above all it is a story of wing forwards and fullbacks, of Don Clarke and Jonah Lomu, of the Log of Wood and Charlie Saxton’s ABC, of supporters in the grandstand and crackling radios at 2 a.m. Ron Palenski is an author and historian and among the most recognised authorities on the history of sport, and especially rugby, in New Zealand. He has written numerous books, among them an academic study, The Making of New Zealanders, that placed rugby firmly as a marker in national identity. Contents Acknowledgements 9.
    [Show full text]
  • Employment Law Overview Sweden 2021-2022 Advokatfirman Cederquist KB / Proud Member of L&E GLOBAL
    an alliance of employers’ counsel worldwide EMPLOYMENT LAW OVERVIEW SWEDEN 2021-2022 Advokatfirman Cederquist KB / Proud Member of L&E GLOBAL EMPLOYMENT LAW OVERVIEW an alliance of employers’ counsel worldwide 2021-2022 / SWEDEN | 1 www.leglobal.org TABLE OF CONTENTS. I. GENERAL OVERVIEW 03 II. HIRING PRACTICES 05 III. EMPLOYMENT CONTRACTs 07 IV. WORKING CONDITIONs 09 V. Anti-DiscriminAtion LAws 11 VI. PAY EQUITY LAWS 13 VII. SOCIAL MEDIA AND DATA PRIVACY 14 VIII. TERMINATION OF EMPLOYMENT CONTRACTs 16 IX. RESTRICTIVE COVENANTS 19 X. TRANSFER OF UNDERTAKINGS 21 XI. TRADE UNIONS AND EMPLOYERS ASSOCIATIONS 22 XII. EMPLOYEE BENEFITS 24 EMPLOYMENT LAW OVERVIEW an alliance of employers’ counselcounsel worldwideworldwide 2021-2022 / SWEDEN | 2 I. GENERAL OVERVIEW 1. INTRODUCTION The labour market in Sweden is to a great extent self-regulated by employers’ organisations and trade unions. The Swedish labour law model is based on civil rules that govern most aspects of the employer-employee relationship. Mandatory laws and regulations in collective bargaining agreements provide a comprehensive framework for the terms and conditions of employment. Disputes are finally settled by the Swedish Labour Court, which is the final instance in employment related disputes. However, the majority of disputes are solved by the parties on the labour market through consultations and negotiations. employers and trade unions in such areas as right 2. KEY POINTS to association, information, negotiations, industrial actions and labour market stability obligations. • An employment agreement does not have to take Other essential statutes are, for example, the any specific form to be valid. Discrimination Act, the Annual Leave Act, the • An employment may only be terminated on Personal Data Act, the Parental Leave Act, the objective grounds, such as redundancy or Working Hours Act, the Work Environment Act and personal reasons.
    [Show full text]
  • Olympic Games Inclusion
    Player Welfare Strategic Investments Rugby Sevens Tournaments Rugby World Cup Financial Report 2009 YEAR IN REVIEW rugby family celebrates olympic games inclusion 4 providing excellent 12 developing the 22 delivering rugby’s service to member unions game globally major tournaments 6 IRB Council and Committees 14 Strategic investment 24 RWC – the big decisions 8 Key Council/EXCO decisions 16 Training and education 26 The road to New Zealand 2011 10 Member Unions and Regional 18 Game analysis 28 RWC – two years to go Associations 20 Historic year for the Women’s Game 30 Olympic Games 32 RWC Sevens 2009 34 IRB Sevens World Series 36 IRB Toshiba Junior World Championship 38 IRB Junior World Rugby Trophy 40 ANZ Pacific Nations Cup 41 IRB Nations Cup 42 Other International tournaments contents 44 promoting and 54 media and communications 72 financing the investment protecting the game 56 Total Rugby in rugby’s growth and its core values 58 IRB online 74 Financing the global Game 46 Supporting a healthy lifestyle 59 2009 Inductees to the IRB Hall of Fame 76 Financial report and accounts 48 Player welfare 60 IRB World Rankings 92 Meet the team 50 Match officials 62 IRB Awards 2009 52 Anti-doping 64 World results 2009 70 Key fixtures 2010 Year in Review 2009 1 Rugby Reaches Out tO the olympic games 2 International Rugby Board www.irb.com foreword Bernard Lapasset, IRB Chairman, looks back on an historic year 2009 in october, members of the sure that we will now see great growth within world class Rugby and the unique, colourful experience that only a country with such a rich international olympic committee emerging Rugby markets such as China, Russia, India and the USA.
    [Show full text]
  • Quizzes / Trivia Games
    Quizzes / Trivia Games _ The NRL Quiz _ Facilitator Diversional Therapist, Lifestyle / Activity Staff or Volunteer Objective of Activity Mental Stimulation and to minimise cognitive decline. Capability Verbal communication skills and ability to share long term memories in a group setting Environment Lounge area Equipment Question sheet of The NRL trivia quiz Instructions Divide residents into teams. Put the team names on the white board. Ask the questions one at a time, mark which team answers the question correct on the whiteboard for all to see (and give motivation to beat the others). The team with the most right wins bragging rights. (or you may like to arrange a prize for the winners) © Copyright www.qualityaging.com.au 2014. All Rights Reserved 1 Quizzes / Trivia Games _ The NRL Quiz _ Correct answers in Red 1. Who did Scott Sattler make his try saving tackle on in the 2003 grand final between Penrith and the Roosters? A) Ryan Cross B) Todd Bryne C) Chris Flannery 2. Who scored the game winning try for the Knights in their 1997 win over the Sea Eagles? A) Robbie O’Davis B) Andrew Johns C) Darren Albert 3. How many grand final appearances has Johnathan Thurston made? A) One B) Two C) Three 4. Who was awarded the Clive Churchill medal in the Wests Tigers’2005 grand final victory over North Queensland? A) Robbie Farah B) Brett Hodgson C) Scott Prince 5. Which was the last team to be held scoreless in a grand final? A) Storm B) Roosters C) Bulldogs 6. In the 1999 grand final between Melbourne and St George Illawarra - who did Dragons winger Jamie Ainscough illegally tackle which resulted in a penalty try to the Storm? A) Marcus Bai B) Craig Smith C) Robbie Ross © Copyright [email protected] 2012.
    [Show full text]