Is the Fixed Ball in Our Courts? The Criminalisation of Match-Fixing under the Crimes (Match-Fixing) Amendment Act 2014

47 Pages Posted: 13 Jul 2016

See all articles by Zane Fookes

Zane Fookes

Victoria University of Wellington, Te Herenga Waka - Faculty of Law, Student/Alumni

Date Written: 2015

Abstract

In sport, match-fixing occurs when the result or a particular part of a match is manipulated, removing the uncertainty integral to sporting contests. Match-fixing was criminalised by the New Zealand legislature in the Crimes (Match-Fixing) Amendment Act 2014. This amendment introduces the Crimes Act 1961, s 240A, which expands the definition of ‘deception’ under s 240 to include match-fixing. The amendment legislation was enacted with a number of laudable aims, primarily focused on protecting the integrity of sport, which this paper believes justified the criminalisation of match-fixing. Such criminalisation can be seen as consistent with other behaviours criminalised in the sporting sphere. However, a number of lacunas discussed in the paper demonstrate that the legislation was not comprehensive in achieving the aims that justified the criminalisation of match-fixing. The paper therefore recommends expanding the legislation, influenced particularly by the specificity of equivalent Australian legislation, and drafts a more comprehensive match-fixing provision that aspires to both remedy the lacunas of the Crimes (Match-Fixing) Amendment Act 2014 and better reflect the legislature’s aims in criminalising match-fixing.

Keywords: match-fixing, Crimes (Match-Fixing) Amendment Act 2014, integrity of sport, criminalisation, sports law

JEL Classification: K10

Suggested Citation

Fookes, Zane, Is the Fixed Ball in Our Courts? The Criminalisation of Match-Fixing under the Crimes (Match-Fixing) Amendment Act 2014 (2015). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 28/2016, Available at SSRN: https://ssrn.com/abstract=2806699

Zane Fookes (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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