Integrity Code consultation

Closes 1 Nov 2024

Background to the Integrity Code

Why we developed the Integrity Code 

Over recent years, we have seen many reports of poor behaviour in sport and recreation in Aotearoa New Zealand and overseas. This includes bullying and abuse of athletes, child abuse, match-fixing, racism, use of prohibited substances, and various forms of discrimination.

These behaviours are found across nearly every sporting code or activity. Some of the causes include where there’s an imbalance of power, a lack of transparency, and an attitude of “winning at all costs” – even when it’s at the cost of the safety and wellbeing of participants.

In 2022, the Government agreed to establish a new integrity organisation to lead a strengthened integrity approach for sport and recreation in New Zealand. The legislation to establish the Commission, the Integrity Sport and Recreation Act 2023 (the Act), was passed in 2023. The Sport Integrity Commission Te Kahu Raunui commenced operations in July 2024.

Find our legislation here: Integrity Sport and Recreation Act 2023

The legislation enables us to develop one or more integrity codes. These codes are a form of secondary legislation that set minimum standards for integrity. They can apply to the whole of the sport and recreation sector, a part of the sector (e.g. an integrity code that applies to sport, but not to recreation), but they cannot apply to a single sport or recreation activity.

Other countries have taken a similar approach. Australia, Canada, Singapore, and the United States have all developed integrity codes or frameworks that prohibit certain behaviours, and outline how to manage breaches to integrity.

This is the first step in an ongoing capability journey

Developing New Zealand’s first Integrity Code is an important milestone in our collective effort to improve safety and fairness in sport and recreation.

A good integrity and safeguarding culture is key to providing people and communities with safe and positive experiences so that everyone can enjoy the benefits that sport and recreation provide.

We know that most people and organisations want to do the right thing by their participants and communities. And we acknowledge that organisations juggle a range of priorities.

But in the absence of clear standards, it can be difficult to know what to do when a serious issue arises.

The Integrity Code helps by setting clear minimum standards for organisations and will ensure participants can safely raise issues and have them dealt with appropriately. The Commission will also provide a suite of resources and guidance to help organisations implement the Integrity Code, and to lift their integrity capability.

Building integrity capability is an ongoing and long-term journey for many organisations. An important first step is adopting the Integrity Code.

How the Integrity Code works

The Integrity Code:

  • is voluntary – more information in the 'Adopting the Integrity Code' section
  • covers sport and recreation, but not school sport which is already regulated through the education system
  • applies to all threats to integrity except anti-doping – this is covered by the Sports Anti-Doping Rules
  • applies to behaviour by members of organisations signed up to the Integrity Code that occurs outside of New Zealand – this reflects the Act and the international nature of sport and recreation
  • does not apply to behaviour that took place before the Integrity Code applied to the person or organisation – this is because people cannot breach standards that didn’t exist at the time of the behaviour.

How we drafted the Integrity Code

This is New Zealand’s first Integrity Code. We took time to draft it, and we listened carefully to feedback from participants and organisations. We have:

  • surveyed the public about what integrity means to them
  • consulted sport and recreation organisations
  • held online discussion forums to get the views of participants, including rangatahi
  • heard from Māori in online and kanohi ki te kanohi hui, including engaging with Te Huinga Tākaro
  • heard from Pacific peoples through talanoa and fono
  • engaged with high-performance athletes through the Athlete Reference Group
  • sought expert input from organisations such as the Human Rights Commission.

We worked with Te Ope Tāmiro, which provided tikanga and te ao Māori expertise, and the Integrity Code Reference Group, which provided technical legal and drafting expertise, to the drafting team.

More information about the consultation and engagement to date is available at sportintegrity.nz/the-integrity-code/integrity-code-consultation.

The Integrity Code will benefit organisations that adopt it

We want to see organisations adopt the Integrity Code because they recognise that it is the right thing to do for the participants in their sport and recreation activity.

Equally, we believe there are significant practical benefits for organisations – whether they adopt the Integrity Code or are bound by it through their membership of, or agreement with, an organisation that adopts it. For example, adopting the Integrity Code means that we:

  • can provide support and resources to help organisations implement the minimum standards
  • can assist organisations to deal effectively and appropriately with complaints they receive
  • may take on more complex, serious investigations at our cost, which can be resource-intensive and hard to manage for organisations
  • can provide access to an independent disciplinary panel comprising experts in fields relevant to resolving integrity disputes
  • may publish names of participants who are sanctioned or excluded under the Integrity Code so other organisations are aware and can manage risks accordingly.

Wherever possible we will support organisations to manage integrity issues even if they are not bound by the Integrity Code. However, our ability to support an organisation is more limited if it is not bound by the Integrity Code.

Example

Two organisations receive complaints about sexually inappropriate behaviour towards participants by a senior official.

Organisation A has adopted the Integrity Code and notifies us of the complaint, as required under the minimum standards. After initial triage, we decide that the matter is serious enough that we assume responsibility for the investigation into the incident. We bear the cost of that investigation, and may also facilitate an independent disciplinary process too.

Organisation B has not adopted the Integrity Code, nor is it bound by it through membership of another organisation. It approaches us to assist with the matter. We don’t consider the legal test for launching an investigation has been met. We encourage the organisation to conduct its own investigation and we provide them guidance on how to do so. The organisation bears the cost of the investigation and any disciplinary processes that follow.