Unions cleared of transfer rule breach

The Crusaders, Otago and Nelson Bays have been cleared by a lawyer's report into allegations they breached transfer regulations.

The New Zealand Rugby Union appointed Auckland lawyer Mike Heron to investigate allegations made by North Harbour in October.

His findings have been sent to the provinces concerned and are due to be released within a fortnight, but it is understood the three South Island unions have been cleared.

The allegations surrounded the move of All Black Rico Gear to second division Nelson Bays, and Otago's courting of another Harbour back, Anthony Tuitavake. In Gear's case, the suggestion was that the Crusaders and Nelson Bays had acted together.

Nelson Bays chief executive Peter Barr told NZPA: "The Nelson Bays Rugby Union was cleared of any wrongdoing and the allegations were unsubstantiated, and therefore we move on."

The Herald understands the Crusaders and Otago have also been cleared of any wrongdoing, and that Heron suggests North Harbour should reflect on their decision to make the allegations in the first place.

North Harbour alleged that Gear and Tuitavake had - in breach of the rules - been enticed to move provinces with the promise of Super 12 contracts from the Crusaders and Highlanders.

They also claimed that Otago's approach breached Tuitavake's contract with North Harbour, which ends late next year. In a public response at the time, Otago said they had pulled out of talking with Tuitavake on discovering he was still under contract.

While Gear has made the move to second division Nelson Bays, Tuitavake - who has been drafted by the Highlanders - will complete his contract with Harbour next year.

North Harbour wanted the NZRFU to conduct an administrative review, but instead the national union appointed Heron to conduct a judicial inquiry.

At the time of Gear's surprise move to a second division province - which also denied North Harbour a $50,000 fee - his representative Lou Thompson said that it hardly needed to be stated that a current All Black would be in line to play for the local Super 12 side. This simply highlighted that, in reality, the rules are ineffective because top players know they will get Super 12 contracts whether it is stated or not when they negotiate with a new province. Gear and Nelson Bays signed affidavits saying the lure of a Super 12 contract had not been used.

Gear, 26, wanted to join the Crusaders, saying he had struggled to establish himself with the Blues. Canterbury, who had already signed Mose Tuiali'i from Auckland, were prevented from signing Gear because of the NZRFU rule restricting provinces to one test import a season.