Team New Zealand have announced it will officially turn to mediation in an attempt to resolve a recent ruling that will mean the Auckland public are largely locked out of viewing races from Auckland's shorelines during the America's Cup.
Earlier in October, Challenger of Record Luna Rossa were successful in an application to rule out two of the five courses that were planned for the event just off Devonport's North Head.
Luna Rossa claimed the challengers discovered they would not have access to the B and C courses during the challengers' Prada Cup, handing a tactical advantage to the home team defenders. They also stated that the British and American teams backed the Italian position.
Team New Zealand reacted bitterly to the decision of the panel claiming the challenger was "destroying city public viewing" and "misleading the New Zealand public" in the process.
After vowing to remedy the situation, Team New Zealand have now announced they will engage with the arbitration panel once again, though no new solution to the problem has been tabled.
Instead, the team have questioned the reasoning behind Luna Rossa's initial application and the subsequent ruling, and are standing by their initial proposal for the way the event is staged.
"That proposal made it clear that the Defender would not sail in the area defined as Course B and C on the race days when the Challengers couldn't race there to eliminate any extra sailing time or perceived advantage the Defender might have," Team New Zealand said in a media release.
"Luna Rossa, without specified reasoning, have sadly rejected this proposal saying only that the Defenders proposal is 'far from fair and is not acceptable.'
"On any level this seems a surprising position to take particularly when there seems no justifiable rationale given it clearly satisfies the 'equal use of courses'. Especially given the fact that specific courses (B and C) would also be available for the best of 13 race Prada Cup final regatta which the Defender is not part of."
Auckland Tourism, Events and Economic Development boss Nick Hill, who is the Independent Chair of the AC36 Joint Chief Executive Group, released a statement last week highlighting the importance of ending this dispute and backing Team New Zealand's stance.
"We've been clear that the parties need to work together to resolve these issues as quickly as possible," Hill said.
"The uses of the courses and the parameters around their use were agreed to by all of the agencies, including the Challenger of Record representative and the Defender in February.
"We expect to see an event where Aucklanders and visitors can share in the experience, an event that will showcase Auckland to the world, and we will work with the parties to help achieve that outcome."