Not sure where the
"loan" story started but it is totally inaccurate from what I have
been told.
The situation as I have had
it explained to me is as follows:
- The player in question
has had an association with Wynton for some time, thru ethnic football etc. and
was part of a Wynrs Academy tour to the UK in 2012 http://www.wynrs.co.nz/wynrsauckland/page120/page4/page5/page7/
- At the start of 2013 he
was part of ECB setup for the 2013 MUPC (like most kids and their parents he
had no idea of the rules and the implications for turning out for ECB. NB: This
year is the first year that I understand the MUPC handbook has been accessible
via the AFF website. One questions how enforceable the rules would be in law
given there is no contract signed etc. etc.)
- After turning out for ECB
the kid then decided he wanted to play for Onehunga Sports in 2013. But the
MUPC rules prevented this and the kid then found out he wouldn't be able
to play for Onehunga Sports in the 2014 MUPC. Apparently he decided he
would then sit out the 2013 winter season to enable the transfer to be
completed. But ECB wanted him to play for their 14th & 15th Metro
teams so a plan was confirmed, (apparently in consultation with the then
CEO of NZF who obviously had strong links to ECB) whereby ECB wrote a letter
confirming the kid would be released to play for Onehunga Sports in the 2014
MUPC and winter season. The letter was apparently prepared in April 2013 prior
to the winter season commencing and acknowledged by ECB secretary / the then NZF
CEO / & Wynton. (Apparently the 2013 version of the MUPC rules referred to
players representing the club they played for in the previous winter season
hence the declaration was seen as overriding this proviso. In the 2014 version
of the rules, released in December 2013 this was changed to who the player was
registered with as at the 30th Sept 2013)
- The player duly played
the 2013 winter season for ECB and his transfer to Onehunga was apparently
completed in Oct 2013 (after the
transfer window opened again post the 30th Sept) (ref NZF Reg 5 clause 7.1.6)
- When Onehunga completed
their entry the letter accompanied the team list as justification for the
player not meeting the 30th Sept criteria. Apparently Akld football questioned
this with NZF and the player was cleared to play.
- In the days / weeks
leading up to the Auckland qualifiers apparently noises where being made
by certain clubs from north of the bridge as to the players eligibility.
Whilst Onehunga were advised by AFF / NZF the player was cleared to play it
was however pointed out that there was a path of appeal to the
NZF Appeals Committee, and that whilst unlikely a successful appeal
could ultimately overturn the current eligibility ruling and result in the loss
of points for any game the player played in per the MUPC rules.
- Onehunga then played the
player in their final qualifying game of the Auckland round when they had
already secured 6 points and were assured of a finals weekend berth. Ellerslie
then obliged by appealing to gain the certainty desired by all parties. The
matter was referred to the NZF Appeal Committee who apparently produced 5 pages
of commentary but ultimately thru the appeal out and kicked for touch on
the basis NZF had not ruled on the matter and as such the matter should not
have been referred to them (go figure!)
- So the tournament
progressed a further 2 weekends to the Northern Region qualifiers where
Onehunga then were able to include the player on the team card and he took the
field again in game 8 (a dead rubber again they had secured sufficient points
to qualify for the NZ finals.) Waitakere then appealed his involvement in this
game and the Appeal Committee Ruled in their favour on the Thursday evening
before the finals weekend and the player was removed from the Onehunga team
list. I haven't heard if anyone has formally seen the basis for the Appeals
Committee decision although I understand it hadn't been issued at the time of
the final's weekend?
So the rest is history Waitakere won the final and are now
Australia bound in May, Good Luck to them!
Onehunga chose not to
appeal or drag the competition through the muck further. However as I
understand it some question marks exist over the validity of players used
in the 2013 Northern region finals and the 2014 National Finals. Having dug
deeper I understand in 2013 & 2014 players from WaiBop federation clubs transferred
to an Auckland Region club for the MUPC on the basis of a shift of over 50km
for schooling etc. (Ref NZF regulation 5 rule 7.1.8) which was apparently sighted
as the basis on which this is permitted.
http://aff.org.nz/fileadmin/user_upload/Files/Downloads/Regulations/2013/Regulation_5_-_2013_Final_appvd_by_Board.pdf
Having reviewed this it would appear this interpretation is flawed and fails to apply all relevant
clauses as it is intended:
1. The MUPC rules establish their own definitive position on player
eligibility and make no reference to NZF regulation 5 etc. unlike other parts
of the MUPC rules eg disciplinary matters that refer to NZF regulation 7. From
re reading the MUPC rules the clear intent of these rules are that players
represent the clubs they played for in the previous winter season (i.e. whom
they were registered with as at the 30th Sept)
2. Even if you accept there is a basis to consider
NZF Reg 5. Reg 5 clause 7.1.8
specifically refers to the dates of 1st
July to 30th Sept (the closed transfer period) which are setout
in an earlier clause 7.1.6. As such,
surely it is not valid to apply this rule outside of these dates and in a situation
where the transfer is completed in Feb only days before the competition starts
(NB Feb is obviously the open transfer period, but player eligibility fails on
the basis of not meeting the 30th Sept criteria)
Surely per the MUPC rules the players should be
playing for their WaiBop clubs in the MUPC (the club for whom they were
registered with as at the 30th Sept / played the previous winter
season? Or simply missing out as 100’s of kids who play for clubs who don’t
enter have too?)
Having read all the reg’s it would seem that having
played in the MUPC for the club who they were registered with as at the 30th
Sept the correct approach is that they should then seek to have NZF Reg 5, clause
7.1.9 applied (exceptional circumstances) to enable them to shift to a local
club post the MUPC for the winter season, when per the MUPC rules they would
ordinarily be prevented from transferring!
Aren’t we all lucky no one has decided to pursue this
matter! Maybe Mr T and others who have been so vocal re cheating etc. would
like to see this matter pursued, and the club(s) involved banned? And I wouldn’t
mind betting we don’t see any players being permitted on the basis of this interpretation
in 2015