By David

I have tonight written to the CEO of SPARC, Peter Miskimmin. The letter is copied below and is fairly self explanatory. We will publish Miskimmin’s reply when it is received – if it is received.

Dear Peter,

You may be aware of the concern felt by many involved in the sport of swimming by the events reported by Andrew Alderson in the Herald on Sunday on Sunday November 20 2011. I refer to the following extract.

“The SNZ board consists of six directors elected at the AGM. They can appoint two further directors – commonly referred to as independents – to the board. Butler and Jane Wrightson put forward their names for further terms on the board as independents until next year’s AGM. Their re-appointments were rejected by a 4:3 vote.

At that point McDonald and Cull joined the three who voted for the return of Butler and Wrightson and exited the meeting. It left the board incapable of continuing without the requisite quorum of 60 per cent. Cull is alleged to have returned later. He told the remaining four board members they needed to change their vote or the Sparc advisors would leave and the sport would be reduced to further dysfunctional depths. The Sparc advisors were apparently concerned consequences of the previous vote could result in further media criticism of the sport. Consequently three of those who voted against the return of Butler and Wrightson reverted their decision; one board member remained against. The decision to repeal the initial vote underlines how much influence Sparc has over swimming’s sovereignty. McDonald and Cull have a brief to maintain the status quo where possible. This precedent suggests they have the power to continue doing it.”

Further investigation has revealed the detail of what transpired. I understand that the meeting voted on the reappointment of Wrightson and Butler and on the appointment of Butler as Chairman/President. All the appointment remits were lost by four votes to three. The four elected members voting against the motions to reappoint Wrightson and Butler as the two independent Directors were Speer, Sutton, Pullon and Fitch. The three Board members voting for the appointments were Berge, Clarke and Wrightson. It needs to be noted that Butler was absent from this meeting. Once the vote of reappointment to the Board and appointment to the position of Chairman/President was lost, the three members who had voted for the appointments and the two SPARC Board observers (Kerry McDonald and Nelson Cull) left the meeting. I understand they left after expressing their disgust at the appointments being rejected by the Board. Fifteen minutes later the three directors and the two SPARC observers returned to the meeting. I understand that Nelson Cole proceeded to lecture and harangue the four negative voters and ordered them to change their vote. I understand there was a clear threat made that SPARC’s funding was at risk if the votes of the dissenting Board Members were not changed and the appointments proposed in these remits were not confirmed by the Board in a revote. The discussion took twenty minutes and was clearly a case of governmental/political interference in the management of a sporting organization. Cole called the Board dysfunctional and said he would report to SPARC that it was not capable of managing the sport. He would recommend that the current Review of the sport be discontinued. These were all clear threats to the Board of Swimming New Zealand by a New Zealand government agency; a clear case of intimidation using the power of the state. A second vote was ordered. Three of the four dissenting Directors folded and changed their vote to approve the appointments. Only Suzanne Speer continued to vote against the appointments.

I am sure you appreciate the concern swimming people feel at the events described above. I am resolved to take every step possible to ensure your organization does not continue to manipulate the management of the sport. This was a properly taken vote of the Swimming New Zealand Board that SPARC had no authority to change. Our legal advice is that SPARC has acted unlawfully?

SPARC can only act in keeping with the functions available to SPARC under the Sport and Recreation New Zealand Act 2002 or any functions given SPARC by the Minister responsible for sport.

The only provision in the Act with any possible connection with SPARC’s role in using Nelson Cull / Kerry McDonald to obtain a reversal of the SNZ’s board’s intentions is Clause (i) that says SPARC can, “facilitate the resolution of disputes between persons or organizations involved in physical recreation and sport” But SPARC’s power under (i) above relates to dispute resolution only; creating an environment for discussion and conciliation; acting in a mediation role for example. SPARC isn’t permitted to meddle inside a sport’s organization or intimidate or take control of that organization’s governing body.

So, there is a case that SPARC has acted illegally. Is there any right of legal redress? Before going down that path those involved with me in this action have resolved to follow the following course of action.

1. Write to you as the CEO of SPARC requesting an apology from SPARC be published on the Swimming New Zealand website and that the original vote to reject the appointment of Butler and Wrightson to the Swimming New Zealand Board be reinstated and stand as the decision of the Board.
2. If that approach is rejected to write to the Minister of Sport setting out the circumstances of SPARC’s actions and asking the Minister to order a SPARC apology and the reinstatement of the initial vote of the Board.
3. If the approach to the Minister is rejected to file a complaint with the Ombudsman asking his office to order a SPARC apology and the reinstatement of the initial vote of the Board.
4. If the ruling of the Ombudsman is negative we will consider asking the Court to rule on SPARC’s involvement in this Board meeting in a civil action.

I hope you can appreciate the depth of our concern at the illegitimate power your organization has exercised over the affairs of swimming in New Zealand. It would be preferable to avoid the steps detailed above. With this in mind we would ask and sincerely hope SPARC will be able to apologize on Swimming New Zealand’s website and reinstate the Board’s vote to reject the appointment of Wrightson and Butler.

I look forward to your reply to this email within seven days. If we fail to hear from you or the terms of this email are rejected in this time we will proceed to the next step of contacting your Minister.

Regards

David Wright

Swim Coach