All Whites, Ferns, and other international teams

New Zealand U-23s - Quali Whites

5835 replies · 1,102,368 views
over 10 years ago

patrick478 wrote:

Wibblebutt wrote:

el grapadura wrote:

Section 6 - clarifies Section 5 in situations where a player has 2 or more 'permanent nationalities' (to use the term from section 5). If Deklan, for example, had a NZ parent but was born in SA, this section would apply to him. But that's not the case, so it doesn't.

Awesome work! Just have a question that I can't figure out.... Under Article 6, how would it be possible for someone to have 2 or more permanent nationalities without fulfilling a, b, c or d?? ie what is the point of putting those conditions there? Are there countries that issue passports to complete non-nationals that can't be rescinded?

It's for cases like New Caledonia. New Caledonians are issued French passports which makes them eligible for both France and New Caledonia. 

Yup, if you didn't have that rule then New Caledonia would become France B effectively - there must be a lot of French players with no international caps who would easily walk into the New Caledonian team. Same with USA/American Samoa, to pick another example from OFC

People like Coldplay and voted for the Nazis. You can't trust people.

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over 10 years ago

el grapadura wrote:

Wibblebutt wrote:

el grapadura wrote:

Is he eligible to play for South Africa now that he is a NZ citizen? If not, s6 will not apply.

If he hasn't been granted certification to play for NZ, then yes, he should be eligible to play for SA.

He hasn't played a competitive match at 'A' level for NZ so he can switch to SA now if he wanted to.

Yes, it's actually an interesting question. If his switch to NZ isn't official, and all games he's played are counted as void, then he'd still be eligible for SA. However, if in some way the switch is made official, then he can't go back to SA, you can only switch once.

This kind of makes me think whether we could argue promissory estoppel - Deklan was allowed to compete in FIFA U20 tournament, so we could argue that because no issue arose then, a 'presumed' FIFA exemption was given. it's a long bow to draw given the onus is on national associations to comply with the regulations, but might be worth a try.

Are you on retainer for NZF yet?

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over 10 years ago · edited over 10 years ago · History

el grapadura wrote:

Is he eligible to play for South Africa now that he is a NZ citizen? If not, s6 will not apply.

If he hasn't been granted certification to play for NZ, then yes, he should be eligible to play for SA.

Even though he's played for us at a senior level? Now that is a wormhole.

Edit: other people already brought this up, I should read to the end of the thread before commenting.

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over 10 years ago · edited over 10 years ago · History

You have to wonder how Tommy Smith and Storm Roux are eligible to play for NZ if Deklan Wynne isn't.




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over 10 years ago

An interesting question at the presser would have been: has NZF applied for a player exemption before?

A fan is a fan.

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over 10 years ago

Wibblebutt wrote:

You have to wonder how Tommy Smith and Storm Roux are eligible to play for NZ if Deklan Wynne isn't.

Pretty sure that Tommy Smith got the green light from FIFA (NZF must have taken the situation more seriously as he'd represented England at age-group levels). Not sure about Roux.

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over 10 years ago

patrick478 wrote:

The problem with all the assumptions about article 7 is that it applies to all countries! therefore any boy or girl that moves to another country, at any age, and gains citizenship cannot represent that Country at football until they are, at least 23! That has got to be crap.

Or until their national association applies for an exemption, and shows that they moved to the country for reasons other than football. At which point it's most likely FIFA will approve the exemption.

FFS

surely we are getting to the point where something like please read this thread before commenting applies? This has been done to death in the thread



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over 10 years ago

el grapadura wrote:

Wibblebutt wrote:

el grapadura wrote:

Is he eligible to play for South Africa now that he is a NZ citizen? If not, s6 will not apply.

If he hasn't been granted certification to play for NZ, then yes, he should be eligible to play for SA.

He hasn't played a competitive match at 'A' level for NZ so he can switch to SA now if he wanted to.

Yes, it's actually an interesting question. If his switch to NZ isn't official, and all games he's played are counted as void, then he'd still be eligible for SA. However, if in some way the switch is made official, then he can't go back to SA, you can only switch once.

This kind of makes me think whether we could argue promissory estoppel - Deklan was allowed to compete in FIFA U20 tournament, so we could argue that because no issue arose then, a 'presumed' FIFA exemption was given. it's a long bow to draw given the onus is on national associations to comply with the regulations, but might be worth a try.

we did it, got away with it, so we thought we could assume it was legal type argument?

weak, man.



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over 10 years ago

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client


Auckland will rise once more

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over 10 years ago

martinb wrote:

el grapadura wrote:

Wibblebutt wrote:

el grapadura wrote:

Is he eligible to play for South Africa now that he is a NZ citizen? If not, s6 will not apply.

If he hasn't been granted certification to play for NZ, then yes, he should be eligible to play for SA.

He hasn't played a competitive match at 'A' level for NZ so he can switch to SA now if he wanted to.

Yes, it's actually an interesting question. If his switch to NZ isn't official, and all games he's played are counted as void, then he'd still be eligible for SA. However, if in some way the switch is made official, then he can't go back to SA, you can only switch once.

This kind of makes me think whether we could argue promissory estoppel - Deklan was allowed to compete in FIFA U20 tournament, so we could argue that because no issue arose then, a 'presumed' FIFA exemption was given. it's a long bow to draw given the onus is on national associations to comply with the regulations, but might be worth a try.

we did it, got away with it, so we thought we could assume it was legal type argument?

weak, man.

Oh, it's definitely weak, but desperate times and all that.

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over 10 years ago · edited over 10 years ago · History

Jeff Vader wrote:

Big Pete 65 wrote:

<snip>

This is primarily ensured by the permanent holding of the nationality of the country of the national association in question[6]. It means that nationality must not be pegged to the residence of the player in a certain country[7]. Naturally, sanctions may apply in the case of a breach of these stipulations[8].

I find that bit in bold quite an odd statement.

In order for Durante to play for NZ, his nationality was pegged to residence in NZ for him to be eligible - after 5 years residence, he becomes an NZer. That line there says he didn't have to....

I believe that some countries grant citizenship based on owning property or residing in the country - as distinguished from "the permanent holding of the nationality of the country." They would lose that nationality if they moved overseas or sold their property in that country.

e.g. I was born in NZ and have NZ nationality. I would continue to do so even if I lived the rest of my life overseas.

Andrew Durante, now that he has NZ citizenship could up sticks and live overseas if he wanted and still retain his NZ citizenship. It doesn't matter that he acquired it through satisfying the five year residential rule.

Big Pete 65, Christchurch

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over 10 years ago

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client

Unless NZF have paperwork showing that this tournament was to be played under the eligibility rules for the Pacific Games and those rules are somehow different. If OFC acted in a way to make NZF think Wynne was eligible then we may still have a case. That is the only (tenuous) hope.

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over 10 years ago · edited over 10 years ago · History

martinb wrote:

patrick478 wrote:

The problem with all the assumptions about article 7 is that it applies to all countries! therefore any boy or girl that moves to another country, at any age, and gains citizenship cannot represent that Country at football until they are, at least 23! That has got to be crap.

Or until their national association applies for an exemption, and shows that they moved to the country for reasons other than football. At which point it's most likely FIFA will approve the exemption.

FFS

surely we are getting to the point where something like please read this thread before commenting applies? This has been done to death in the thread

Settle. It;s a valid angle to keep in mind i.e. 'that has got to be crap'. It's an angle that interests me. I'm not sure that it works as some assume. So we start from the assumption that hundreds (thousands?) of kids who moved to a new country at age one day or greater are all ineligible to play for the country where they have adopted and resided for up to 22 or so years, and not before they are 23?  They must all apply for exemption? And FIFA intended for all of them to apply, and they have a big machine processing all of those applications? Debatable.

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over 10 years ago

I think the moral of this sad hopeless story is that NZ football rather the  employing a high performance guy like Fred (I know where the bodies are burried) De Jong, should employ an immigration advisor


Auckland will rise once more

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over 10 years ago

Bestie wrote:

martinb wrote:

patrick478 wrote:

The problem with all the assumptions about article 7 is that it applies to all countries! therefore any boy or girl that moves to another country, at any age, and gains citizenship cannot represent that Country at football until they are, at least 23! That has got to be crap.

Or until their national association applies for an exemption, and shows that they moved to the country for reasons other than football. At which point it's most likely FIFA will approve the exemption.

FFS

surely we are getting to the point where something like please read this thread before commenting applies? This has been done to death in the thread

Settle. It;s a valid angle to keep in mind i.e. 'that has got to be crap'. It's an angle that interests me. I'm not sure that it works as some assume. So we start from the assumption that hundreds (thousands?) of kids who moved to a new country at age one day or greater are all ineligible to play for the country where they have adopted and resided for up to 22 or so years, and not before they are 23?  They must all apply for exemption? And FIFA intended for all of them to apply, and they have a big machine processing all of those applications? Debatable.

Not all kids, only those that have no natural connection to the country that they have moved to.

An how many of those kids would actually get to the point where they need to apply for this? Someone noted there were only 30-40 applications annually, we're not talking tens of thousands.

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over 10 years ago

Ryan54 wrote:

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client

Unless NZF have paperwork showing that this tournament was to be played under the eligibility rules for the Pacific Games and those rules are somehow different. If OFC acted in a way to make NZF think Wynne was eligible then we may still have a case. That is the only (tenuous) hope.


Which they intimated that they have, I think previously it was stated that the Pacific Games rules were for five years residency with no age restriction? 

But if we win on that technicality then its a lucky break for NZF because they would have fielded Wynn reguardless of the rules played under.

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over 10 years ago · edited over 10 years ago · History

patrick478 wrote:

Wibblebutt wrote:

el grapadura wrote:

Section 6 - clarifies Section 5 in situations where a player has 2 or more 'permanent nationalities' (to use the term from section 5). If Deklan, for example, had a NZ parent but was born in SA, this section would apply to him. But that's not the case, so it doesn't.

Awesome work! Just have a question that I can't figure out.... Under Article 6, how would it be possible for someone to have 2 or more permanent nationalities without fulfilling a, b, c or d?? ie what is the point of putting those conditions there? Are there countries that issue passports to complete non-nationals that can't be rescinded?

It's for cases like New Caledonia. New Caledonians are issued French passports which makes them eligible for both France and New Caledonia. 

Yup, if you didn't have that rule then New Caledonia would become France B effectively - there must be a lot of French players with no international caps who would easily walk into the New Caledonian team. Same with USA/American Samoa, to pick another example from OFC

NZF are barking up the wrong tree in pursuing Article 6.

Wikipedia on FIFA player eligibility is good on Article 6  - clearly it applies only to players who have dual nationality due to birth:

https://en.wikipedia.org/wiki/FIFA_eligibility_rules#Nations_that_share_a_common_nationality

"There are 25 FIFA member associations that share a common nationality with at least one other FIFA member association.[28]

In these instances, under Article 6.1 of the Regulations Governing the Applications of Statutes, FIFA Statutes, (Nationality entitling Players to represent more than one Association), if a player was not born in the member associations' territory and does not have a parental or grand-parental blood relative that were born in the territory, the player is able to represent another member association that shares the same common nationality after two years residency."

Notes: "The exception to this are the 'Four British Associations' of England, Northern Ireland, Scotland and Wales. Together the four associations have decided that they do not want to offer eligibility to represent their national team after two years residency to otherwise-ineligible British players. (see Home nations 2009 agreement)"

Big Pete 65, Christchurch

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over 10 years ago · edited over 10 years ago · History

yellowsite wrote:

An interesting question at the presser would have been: has NZF applied for a player exemption before?

They asked: "are you worried about the eligibility of other players?" and the answer was yes. So almost the same question.

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over 10 years ago

Ryan wrote:

Ryan54 wrote:

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client

Unless NZF have paperwork showing that this tournament was to be played under the eligibility rules for the Pacific Games and those rules are somehow different. If OFC acted in a way to make NZF think Wynne was eligible then we may still have a case. That is the only (tenuous) hope.


Which they intimated that they have, I think previously it was stated that the Pacific Games rules were for five years residency with no age restriction? 

But if we win on that technicality then its a lucky break for NZF because they would have fielded Wynn reguardless of the rules played under.

Pacific Rules games required a valid passport and 5 years' residence (which Deklan meets). But the Olympic qualifying tournament is run under FIFA auspices, so standard FIFA regulations apply.

I guess a lot hinges on what OFC said to NZF at the time - from memory Andy Martin's original take on this was "Pacific Games Council said our players were eligible, and OFC didn't raise any ineligibility issues".

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over 10 years ago

Mainland FC wrote:

How on earth do we expect NZF lawyers and managers to get Deklan Wynne's eligibility right, if the combined brainpower and expertise of the YF Forum has so far not been able to reach a clear cut conclusion either?

Don't worry Mainland. I think the YF Forum are pretty close to resolution. Maybe just another day or two we'll be there. haha

Seriously I think it's worth a discussion. Hell I, for example, have a couple of kids who are doing OK AND hold both NZ and a European country passport. We gotta know this stuff.

signed ... 'Optimistic'

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over 10 years ago

el grapadura wrote:

Ryan wrote:

Ryan54 wrote:

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client

Unless NZF have paperwork showing that this tournament was to be played under the eligibility rules for the Pacific Games and those rules are somehow different. If OFC acted in a way to make NZF think Wynne was eligible then we may still have a case. That is the only (tenuous) hope.


Which they intimated that they have, I think previously it was stated that the Pacific Games rules were for five years residency with no age restriction? 

But if we win on that technicality then its a lucky break for NZF because they would have fielded Wynn reguardless of the rules played under.

Pacific Rules games required a valid passport and 5 years' residence (which Deklan meets). But the Olympic qualifying tournament is run under FIFA auspices, so standard FIFA regulations apply.

I guess a lot hinges on what OFC said to NZF at the time - from memory Andy Martin's original take on this was "Pacific Games Council said our players were eligible, and OFC didn't raise any ineligibility issues".

He said they repeatedly requested clarity under which rules they played and intimiated that they were told it was played under pacific games rules, he also said they had correspondence to that effect.

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over 10 years ago

I think it seems a bit ridiculous to all of us that this tournament would be played under Pacific Games rules when we are not in the Pacific Games. However, if the paperwork does say we were incorrectly told that Pacific Games rules would apply under OFC then it seems like we have an out. That doesn't excuse NZF's incompetence here in letting Wynne get so far in his career while he was clearly ineligible.

This whole thing does lend more credence to people saying the whole thing was a conspiracy. It seems doubts over Wynne's eligibility were well known amongst NZF. It would be easy for any disgruntled person to pass along that information as this seemed to be common knowledge amongst some administrators. I don't know who would do a thing like that and I still think there is a less sinister explanation but it is possible.

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over 10 years ago

Bestie wrote:

Mainland FC wrote:

How on earth do we expect NZF lawyers and managers to get Deklan Wynne's eligibility right, if the combined brainpower and expertise of the YF Forum has so far not been able to reach a clear cut conclusion either?

Don't worry Mainland. I think the YF Forum are pretty close to resolution. Maybe just another day or two we'll be there. haha

Seriously I think it's worth a discussion. Hell I, for example, have a couple of kids who are doing OK AND hold both NZ and a European country passport. We gotta know this stuff.

signed ... 'Optimistic'

Where were your kids born? Where were you and their mother born? And where were the grandparents born?

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over 10 years ago

el grapadura wrote:

Bestie wrote:

martinb wrote:

patrick478 wrote:

The problem with all the assumptions about article 7 is that it applies to all countries! therefore any boy or girl that moves to another country, at any age, and gains citizenship cannot represent that Country at football until they are, at least 23! That has got to be crap.

Or until their national association applies for an exemption, and shows that they moved to the country for reasons other than football. At which point it's most likely FIFA will approve the exemption.

FFS

surely we are getting to the point where something like please read this thread before commenting applies? This has been done to death in the thread

Settle. It;s a valid angle to keep in mind i.e. 'that has got to be crap'. It's an angle that interests me. I'm not sure that it works as some assume. So we start from the assumption that hundreds (thousands?) of kids who moved to a new country at age one day or greater are all ineligible to play for the country where they have adopted and resided for up to 22 or so years, and not before they are 23?  They must all apply for exemption? And FIFA intended for all of them to apply, and they have a big machine processing all of those applications? Debatable.

Not all kids, only those that have no natural connection to the country that they have moved to.

An how many of those kids would actually get to the point where they need to apply for this? Someone noted there were only 30-40 applications annually, we're not talking tens of thousands.

Gotta reply on that one ... So all of 'em who've lived new country for maybe 10 maybe 22 years have no natural connection?

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over 10 years ago

Ryan wrote:

yellowsite wrote:

An interesting question at the presser would have been: has NZF applied for a player exemption before?

They asked: "are you worried about the eligibility of other players?" and the answer was yes. So almost the same question.

yeah, it is a new law.

A fan is a fan.

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over 10 years ago

If any lawyer actually takes on this case, a compliant should be lodged with the law society that this is a frivolous case that was never going to succeed

And he /she was taking money from a dumb client

Come on mate, you should know that if we used that same measure every day, you lawyers would be out of business....
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over 10 years ago

el grapadura wrote:

Bestie wrote:

martinb wrote:

patrick478 wrote:

The problem with all the assumptions about article 7 is that it applies to all countries! therefore any boy or girl that moves to another country, at any age, and gains citizenship cannot represent that Country at football until they are, at least 23! That has got to be crap.

Or until their national association applies for an exemption, and shows that they moved to the country for reasons other than football. At which point it's most likely FIFA will approve the exemption.

FFS

surely we are getting to the point where something like please read this thread before commenting applies? This has been done to death in the thread

Settle. It;s a valid angle to keep in mind i.e. 'that has got to be crap'. It's an angle that interests me. I'm not sure that it works as some assume. So we start from the assumption that hundreds (thousands?) of kids who moved to a new country at age one day or greater are all ineligible to play for the country where they have adopted and resided for up to 22 or so years, and not before they are 23?  They must all apply for exemption? And FIFA intended for all of them to apply, and they have a big machine processing all of those applications? Debatable.

Not all kids, only those that have no natural connection to the country that they have moved to.

An how many of those kids would actually get to the point where they need to apply for this? Someone noted there were only 30-40 applications annually, we're not talking tens of thousands.

Which, in itself, would indicate that this rule doesn't really apply to this kind of situation. When I moved to Australia with wife and young son, we had no connection to Australia and if we stayed, my son would not of been eligible to play for Australia until he was 23!!!!! There would thousands of people in that boat and it would never have been intended for this rule to apply towards such situations. There are enough people posting here that should know that it is not only the rule that will be debated, but also the intent the rule makers has when making the rule. Law 101 people.
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over 10 years ago

Hey thanks Napier Phoenix. Was thinking same. Sharke and I've never even been near a Law paper.

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over 10 years ago

New question for you.

If the laws are that ambiguous why did someone / anyone from NZF not ring 0800FIFA and ask for clarification?

Proud to have attended the first 175 Consecutive "Home" Wellington Phoenix "A League" Games !!

The Ruf, The Ruf, The Ruf is on Fire!!

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over 10 years ago

...it is not only the rule that will be debated, but also the intent the rule makers has when making the rule...
All the more frustrating then that the rule makers, FIFA, don't want to get involved, but want NZF and OFC to figure it our among themselves.
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over 10 years ago

Lonegunmen wrote:

New question for you.

If the laws are that ambiguous why did someone / anyone from NZF not ring 0800FIFA and ask for clarification?

I don't know. Maybe FIFA similar to IRD. Hesitant to give you a clear written 'all good' prior to the event, rather they prefer to wait until u get in the poo.

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over 10 years ago

Lonegunmen wrote:

New question for you.

If the laws are that ambiguous why did someone / anyone from NZF not ring 0800FIFA and ask for clarification?

They rang 0800OFC and it now all largely depends on what OFC said.

A field day for conspiracy theorists (and possibly for good reason).

I know, I know, its serious!

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over 10 years ago

The intent of the rules are quite clear.

Every country in the world is going to have different citizenship laws (some relatively tough like ours, some very lax like Saint Kits and Nevis and for that matter Vanuatu).

So to make sure there is no dodgy stuff going on  FIFA correctly made some very clear, very simple, very easy, yes and no answers if you possessed two passports

1: Born there - no

2: Parents born there - no

3: Grandparents born there - no

4: lived there for 5 years since the age of 18  (bitch of a rule for age group players, but a rules a rule - NO, NO, NO

What is so difficult for NZ football to figure out?


Auckland will rise once more

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over 10 years ago

The intent of the rules are quite clear.

Every country in the world is going to have different citizenship laws (some relatively tough like ours, some very lax like Saint Kits and Nevis and for that matter Vanuatu).

So to make sure there is no dodgy stuff going on  FIFA correctly made some very clear, very simple, very easy, yes and no answers if you possessed two passports

1: Born there - no

2: Parents born there - no

3: Grandparents born there - no

4: lived there for 5 years since the age of 18  (bitch of a rule for age group players, but a rules a rule - NO, NO, NO

What is so difficult for NZ football to figure out?

lol possibly intent according to Auckland Nix perspective. Plenty of comment here sees a bigger pic.

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over 10 years ago

oh and by the way, if some poor guy, doesn't meet point number four, FIFA will gladly consider an exemption and apply some common sense for those who can be bothered applying


Auckland will rise once more

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over 10 years ago

Did you apply you fudgein morans?

No, because we thought they would say no!!!

For fudges sake


Auckland will rise once more

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over 10 years ago

If I knew who you were, I wouldn't employ you. What discipline of law do you specialise in?

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over 10 years ago · edited over 10 years ago · History

Bestie wrote:

The intent of the rules are quite clear.

Every country in the world is going to have different citizenship laws (some relatively tough like ours, some very lax like Saint Kits and Nevis and for that matter Vanuatu).

So to make sure there is no dodgy stuff going on  FIFA correctly made some very clear, very simple, very easy, yes and no answers if you possessed two passports

1: Born there - no

2: Parents born there - no

3: Grandparents born there - no

4: lived there for 5 years since the age of 18  (bitch of a rule for age group players, but a rules a rule - NO, NO, NO

What is so difficult for NZ football to figure out?

lol possibly intent according to Auckland Nix perspective. Plenty of comment here sees a bigger pic.

Which is why FIFA offer exemptions IF YOU ASK for them and it's obvious you aren't just gaming the system. Sorry to get all YouTube comments section shouty caps lock but that's the key point. NZF knew they could seek clarification/exemption but chose not to because they were afraid it wouldn't be granted. They can't argue that they genuinely thought they were in the right when they've said they didn't want to ask in case they were wrong. Any doubt should have meant they asked

People like Coldplay and voted for the Nazis. You can't trust people.

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over 10 years ago

TV One News about to do full coverage on the rules in the sports segnent 

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