Questions have also been raised over his residency in New Zealand during the past four years. There was confusion whether he needed to be in New Zealand 183 days a year or 183 consecutive days. The ICC player eligibility regulations indicate simply a "minimum of 183 days" which Wagner has done. That rule should make the six-day attendance at his brother's wedding in December 2008 irrelevant because he still resided in New Zealand for the required time.
The 2009 Champions League excursion would also appear surmountable. Wagner's work for Otago at that tournament met the requirements of his employer under the working visa. The "exceptional circumstances" section in the eligibility rules says players can get a dispensation if they play international matches or if it is an ICC event. Wagner was playing international matches but the Champions League is not an ICC event, although it is backed by the cricket boards of India, South Africa and Australia. The ICC will need to decipher the legalese on that one.
On the upside, Wagner's enthusiasm to play for New Zealand is not daunted. "I'm still patient; I guess I'll rest my body, do the necessary maintenance work in the gym and keep striving towards playing international cricket," he said.
The ICC may question his commitment to reside in New Zealand. In the past Wagner would use his working visa to stay in the country for just over six months (generally October to mid-April) but would spend most of the rest of the year in South Africa where he continues to have strong family links.
"In the past I didn't stay any longer than my initial working visa because I wouldn't have earned any extra money to live on. Instead I would train outdoors all winter on grass in South Africa, do a few coaching jobs and visit family.
"This year I intended to go back [to South Africa] for a month but extend my working visa and return to train with the Otago guys through winter. I've also bought a house in Dunedin and was hoping to live in it. At this rate I might be best to look for some tenants [until the issue resolves itself]."