The Athlete in this redacted case lived overseas between 2006 and 2021 and played rugby between 2006 and 2015. In 2015 he was forced to stop playing rugby because of physical and mental health issues he suffered and his health deteriorated from then on.
In 2020 still residing overseas he started an aggressive medical regime with prescribed prohibited substances that improved his health. In mid-2021 he returned to New Zealand while he continued his medical treatment.
Following his return to New Zealand he was originally not playing rugby. However he was asked to play rugby in Auckland in 2022 and played as an recreational athlete approximately six club games.
In 2022 the New Zealand Customs Service intercepted a package addressed to the Athlete. Besides permitted substances the package contained three prohibited substances:
- BPC-157;
- Human chorionic gonadotrophin (hCG); and
- Ipamorelin.
After the interception the Athlete was informed by Drug Free Sport New Zealand (DFSNZ) that these substances were prohibited under the Sport Anti-Doping Rules. Thereupon his application for a Retrospective TUE was rejected and a provision suspension was ordered in August 2023.
Following notification the Athlete gave a prompt admission, waived his right for a hearing, accepted a provisional suspension and the sanction proposed by DFSNZ.
With evidence the Athlete testified about the health issues he suffered and the medical treatment he underwent. He explained that due to the Covid Pandemic Limitation in New Zealand he continued to consult with his overseas specialist at the material time and he imported the prescribed prohibited substances in order to maintain his medical treatment.
In May 2024 the parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the New Zealand Rugby Union Anti-Doping Judicial Committee.
In view of the evidence the Judicial Committee determines that the Athlete had admitted the violation and that he acted not intentionally. The Committee agrees that he was unaware that his use of the prohibited substances to treat his medical condition would be an issue as an recreational Athlete.
Therefore the New Zealand Rugby Union Anti-Doping Judicial Committee decides on 9 July 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 9 August 2023.
