KEY POINTS:
Controversial poaching rules designed to stop high schools from taking each others' sports stars are set to be overhauled by the start of the rugby season.
The rethink comes after a top water polo player was sidelined while schools argued over her for more than two months.
The
rules require players who move schools to sit out premier level games for 12 months unless an agreement is signed by their former school.
But some argue the interpretation has impinged families' right to choose, and others claimed children were ending up being punished.
The board of governing body College Sport yesterday received an independent review of its bylaws, which it commissioned from lawyers Andrew Brown, QC, and Paul Pa'u.
Auckland Secondary Schools Heads Association president Byron Bentley said it was hoped changes would be introduced by the start of the winter sports season.
Amendments - tipped to include measures to cut delays and give families more say - would need to be passed at a special members' meeting.
Year 11 student Gabrielle Crothall missed eight water polo matches after moving from Baradene College to St Cuthbert's College this year.
The mediation between the Auckland schools over her eligibility to play reached a stalemate - the outcome of three of the seven mediations to date - and top law firms Bell Gully and Simpson Grierson ended up becoming involved to act for the schools, potentially racking up big legal bills.
Gabrielle's father Darryn Crothall described the situation as "galling" and said his daughter, for whom he paid full fees at the private school, had ended up being punished.
"She's a 15-year-old who wants to play water polo," Mr Crothall told the Weekend Herald.
College Sport chief executive Manoj Daji stepped in to issue a ruling - the first of its type - meaning Gabrielle played last weekend.
Mr Daji decided Gabrielle, a former under-15 New Zealand water polo development squad member, had moved schools for legitimate reasons.
He wrote that all parties acted in good faith but "unfortunate delays" had penalised Gabrielle and caused distress to her family.
"I have been concerned that the delays and the impact on the student had the potential to bring the sport and organisation into disrepute, and were not 'in the best interests of the students'," he wrote.
Mr Bentley said in about 80 per cent of premier team transfers, waivers were simply signed off by principals, but in the remaining 20 per cent, former schools objected to students going and the cases underwent a review.
About seven cases have gone to mediation this year, of which three were waived, three reached a stalemate and one was referred to arbitration to be held before a QC.
Four were awaiting mediation this week and two others involving "strong allegations" of poaching were being investigated by College Sport.
Mr Bentley said the association believed students whose sporting talents were nurtured at a school had a responsibility to that school.
