9.30pm - by MICHAEL DALY
In the latest legal threat to hover over the America's Cup, Team New Zealand are claiming finalists in the Louis Vuitton Cup challenger series cannot change yachts between the semifinals and finals.
In a letter today, the defenders said their reading of the rules governing the competition meant substitution of yachts was not allowed between the two stages of the competition. The finals are due to start on January 11.
The claim drew a strong response from challenger series regatta director Dyer Jones, who said Team New Zealand were trying to "stick it to the competitors".
"But that's part of the game they play," he said.
Ernesto Bertarelli, head of the Swiss Alinghi syndicate which today became the first team to qualify for the Louis Vuitton Cup final, said he hoped the remainder of the America's Cup competition would be kept on the water.
"My wish would be that, given the advantages Team New Zealand already has by being able to wait and watch us racing and therefore have more time to prepare, more sails to sail with, that they would confine themselves to making sure they're faster on the water," Bertarelli said.
"I think that's the best thing anyone here can wish for the cup."
In a note to the challengers, Jones explained why he thought Team New Zealand's interpretation of the rules was wrong.
Jones told NZPA that boat substitution between the semifinals and finals was "absolutely" allowed.
He had no idea what was going to happen with the Team New Zealand letter, but he considered it was a "stupid" letter for them to have sent.
The defenders had already allowed for substitutions as provided for in the conditions for the challenger series, Jones said.
He would be continuing with the regatta under the conditions signed by the Royal New Zealand Yacht Squadron, the club represented by Team New Zealand.
"If at some point the squadron decides to refuse entry by somebody, then it would be up to whatever the party is to apply to the arbitration panel for a hearing," Jones said.
In the letter to Jones, Team New Zealand rules adviser Russell Green quoted the America's Cup protocol as saying, "The finals of the challenge selection series will be between the two top yachts in the semifinals".
He acknowledged the Louis Vuitton Cup conditions allowed substitution between the semifinal repechage and the ceremony unveiling the competing yachts before the finals.
But Green said the protocol took precedence over the rules where there was a conflict.
He told Jones the matter had come to Team New Zealand's attention this morning through a media inquiry.
Team New Zealand spokesman Murray Taylor said the syndicate did not want to comment further on their letter.
"We have written the letter and where it goes, I guess we will find out in the fullness of time," he said.
- NZPA
Full text: the letter from Team New Zealand
(51 pages)
nzherald.co.nz/americascup
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