Fighters at unsanctioned events could expose themselves to criminal charges, says lawyer

A sports lawyer says participants in an underground street fighting competition could be exposing themselves to criminal charges.

The King of the Streets event – which has received the backing of New Zealand UFC fighter Dan “Hangman” Hooker – was held over the weekend in a suburban backyard of an Auckland property, with 32 combatants and no weight limits.

Fighters competed for a prize of $50,000 with Hooker later confirming all participants would receive $1000 through TheDoctor, an online streaming, gambling and give-away website linked to the event.

Last week, police said they were assessing the event against existing legislation.

Former AUT law lecturer Craig Dickson told RNZ if the event was unsanctioned, it could be “problematic” around issues of consent.

“If you’re going on to the field under those rules then there is a certain level of consent given that people can assault you,” he said.

“But you then get to a position where there are actions outside of those rules that you can’t be seen to be consenting to. Once you get far enough outside the rules, then clearly that still qualifies as a criminal assault.”

Mixed martial arts is not considered under the Boxing and Wrestling Act 1981 that stipulates both amateur and professional fights require a police permit.

“There is a level of violence and bodily injury resulting that is so severe that your consent will be ineffective because public policy would say the public wont allow assaults over a certain level,” Dickson said.

He said in the scenario of a fighter being seriously injured, or killed, there were legal grounds for charges under the Crimes Act.

“I don’t think there’s any question about that. Particularly if it’s an unsanctioned event and whatever that rule base is, if you’re far enough outside whatever that rule base might be, then you squarely land on assault to injure territory.

“If we’re talking about an unsanctioned event that doesn’t fall under any of the [necessary] parameters, then it’s hard to see how that’s greatly different to anybody conducting a similar assault on the street on a Friday night.”

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President of the New Zealand Mixed Martial Arts Federation (NZMMAF) president Terry Hill told Checkpoint the event was not the first amateur event held on these shores.

Hill said there was no legal framework in place that administered amateur events such as the King of the Street event held at the weekend.

“The basic requirement’s you need is referees, qualified judges, and medical staff. By all accounts there [were] at that event,” he said.

“There was a very good referee, they did have three judges apparently, and there were medics checking the fighters afterwards.”

Unlike other countries, New Zealand did not have a combat sports commission regulating amateur events, Hill said.

“The Boxing and Wrestling Act is just completely irrelevant to what you’re looking at today. And there are real health and safety issues about it,” he said.

Although the event was billed as an amateur event, the winner of the King of the Street tournament was a professional, Hill said.

“The regulations are very loose and hazy and they need to be tightened and it’s the government that needs to enforce that, through sport, through policing etcetera. Otherwise people can just do what they want.”

Despite the event being unregulated, reports from the weekend’s fighting had been positive, Hill said.

“By all accounts, everyone was very well behaved and there were no problems or incidents at all.

“But it’s certainly intimidating to everybody else who isn’t involved in it, and that’s what the promoters want. It’s shock entertainment.”

Hill said there were reports on social media that nine different gangs were represented at the event.

“Good on them for not losing control and getting out of hand, but the potential for it is huge.”

Hill said he was making enquiries after hearing that the $50,000 prize was not awarded in cash, but rather cryptocurrency,

“Something needs to be done for combat sports in New Zealand. In 2019 you had three corporate boxers die in a 12-month period, not good enough.

“If three All Blacks had died playing rugby then there would’ve been a huge inquiry.”