New Zealand mountain bike star named to Olympic team after NZOC high-level discussion

Young mountain bike star Sammie Maxwell has won Olympic selection following discussions with senior New Zealand Olympic Committee officials.

Maxwell and two-time world champion Sam Gates were confirmed on Monday for New Zealand’s Paris squad, with both set to compete in the Mt Elancot cross-country race in less than two weeks – though Maxwell’s inclusion is contingent on his fitness being fully supported for the duration of the Olympics.

After Maxwell Successful appeal against Cycling New Zealand’s decision Not nominating her for the Paris Olympics is an “extremely complex” case that is being closely watched by sports officials.

Maxwell, who has been open about her struggles with eating disorders, was chosen because of her health, not performance considerations.

The 22-year-old said that while the past few weeks have been “very stressful and busy,” she is excited about the opportunity to compete in her first Olympics.

The world under-23 champion said: “It has certainly been a stressful and busy few weeks but I recognise that everyone involved in this process has a common goal – to put my health and wellbeing first.”

“I don’t always agree with what people think, but I’m grateful to have so many people around me who care about me and my well-being.”

Cycling New Zealand’s nomination criteria include a clause that athletes must prove they “do not have any mental or physical impairment that would prevent them from competing at the highest standard at the 2024 Olympic Games”.

The state body determined the risks to Maxwell’s health were too great if she competed in Paris.

But that decision was overturned by the Sports Tribunal, which found Cycling New Zealand’s handling of Maxwell’s nomination case was a “serious breach of natural justice”.

While the tribunal praised Cycling New Zealand for its concern for the health and wellbeing of its athletes, the panel found officials relied on inaccurate and outdated information when considering Maxwell’s case.

The panel also criticised the state body for failing to provide Maxwell with a copy of a medical report that was crucial in the selectors’ decision.

Earlier this month, the tribunal upheld Maxwell’s appeal and took the rare step of nominating the young athlete directly to the New Zealand Olympic Committee for Olympic selection. Given the significant issues involved, the New Zealand Olympic Committee is waiting for the tribunal to publish its full reasons for this decision before making a final decision on Maxwell’s participation in the Paris Olympics.

RNZ understands a final decision has been made at the board level.

In a statement, the New Zealand Olympic Committee said it understood the complex process and “thanked all involved for the care they showed in trying to balance performance and well-being outcomes”.

‘A disturbing precedent’

The Maxwell case is one of a handful of selection appeals to be decided by a sports tribunal in the run-up to the Olympics. But it is one that has particularly captured the attention of the wider high-performance community given the challenging issues involved.

Over the past six years, New Zealand’s elite sporting environment has come under a wave of intense critical scrutiny, with increased emphasis on athlete wellbeing and the need for sporting bodies to fulfil their duty of care towards their athletes.

But athlete representatives also pointed out that depriving athletes of their personal autonomy is based on human rights considerations.

The arbitral tribunal The full written decision will be released on FridayIt also said it was concerned that Cycling New Zealand was taking a “discriminatory approach towards athletes with eating disorders” because it was suggesting that “if an athlete suffers from an eating disorder then they must have a mental and/or physical disorder”.

“The Tribunal considers this to be a troubling precedent and is concerned that this attitude may do more harm than good,” the ruling read.

Maxwell’s appeal was successful on two grounds. The tribunal ruled that Cycling New Zealand had not properly implemented or complied with the nomination criteria; and had not provided any material on which a decision could reasonably have been made.

The tribunal found Cycling New Zealand relied on outdated and inaccurate information in its assessment of her current health and ignored an updated medical report provided by Maxwell’s doctor in France, where she rides for professional team Decathlon Ford.

“Ms. Maxwell was entitled to a nomination decision based on accurate, up-to-date medical evidence, but she received none,” the decision reads.

Maxwell was also not given the opportunity to see or respond to the medical report at the heart of Cycling New Zealand’s decision – a move the tribunal deemed a “serious breach of natural justice”.

The panel, which included orthopedic surgeon Dr Helen Tobin, criticised the influence of a “distorted” memo submitted to selectors by high performance director Ryan Hollows on the nomination process.

The court found that Hollos had produced only selected passages from the doctor’s report and supporting evidence provided by Maxwell, to which he had added his own emphasis.

The tribunal found that Hollos’ involvement was “inappropriate” and that his memorandum had “considerable influence on the panel’s decision.”

The tribunal found that while Cycling New Zealand “deserved praise for its concern for Maxwell’s well-being”, the national body had an obligation to consider the athlete’s health within the narrow context of its nomination criteria.

“The actual physical impairment … has not been determined, and there has been no effect, if any, on her performance. Certainly, in considering these matters, Ms. Maxwell’s grades and the high level of her performance are something the court cannot ignore.”

The 2nd Gaze Olympics

Although Maxwell was only informed of the New Zealand Olympic Committee’s decision last weekend, Gates’ Olympic qualification was confirmed weeks ago.

It will be the two-time Commonwealth Games champion’s second Olympics, as he is the only New Zealander at the Rio Games, with compatriot Anton Cooper competing in Tokyo in 2021.

Gaze had a strong 2023 season, winning the UCI Mountain Bike World Championships in short track and marathon, and finishing second in the Olympic distance event. He also had a strong season, finishing fifth in the World Cup standings.

“I’m absolutely delighted to have been selected for the New Zealand team for the 2024 Paris Olympics and I’m determined to do my best there,” Gaz said.

“I go there to win. My aspiration is to be on the top step of the podium. It’s a bold statement, but I dream big and really believe it.”

Cooper finished sixth at the Tokyo Olympics but has struggled on the World Cup circuit this season due to a series of health issues.