'Super Rugby' 2021
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@Snowy until they pick a palagi and then it just becomes another NZ team...because they cannot legally not 'employ' someone who isnt an Islander, hwoever when it comes to picking sports teams, that sort of thing becomes a grey area anyway, proving you should have been offered the contract over someone else but weren't purely cos you is white would be tough to prove.
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@taniwharugby said in 'Super Rugby' 2021:
@Snowy until they pick a palagi and then it just becomes another NZ team...because they cannot legally not 'employ' someone who isnt an Islander, hwoever when it comes to picking sports teams, that sort of thing becomes a grey area anyway, proving you should have been offered the contract over someone else but weren't purely cos you is white would be tough to prove.
Employment law comes into it for sure, but why call them that?
The Redskins come to mind. -
The team will be under Tina, Samoa and Fijian RU governance. NZR won't be running it or picking coaches, so any employment law issues will be their problem. If NZR can get away with picking NZ only qualified people in SR, then the Pacific team can do three same with island qualified. It won't be based on raced, but international qualification, is my guess.
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@Machpants said in 'Super Rugby' 2021:
If NZR can get away with picking NZ only qualified people in SR
there are always some who arent, and again, NZ Citizen, but plays for Fiji/Samoa/Tonga...
As for being under the PI Governance, I expect still have to comply with NZ Laws.
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@Machpants said in 'Super Rugby' 2021:
so any employment law issues will be their problem
Even if based in NZ? Really?
Our laws will apply I think.
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@taniwharugby yes. But under NZ laws you cannot deny an NZer a job because they are not qualified to play for the ABs, but NZR successfully do.
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@Machpants but there have been plenty over the years who are not AB eligible who play super rugby in NZ, granted numbers are low, but it happens.
It would be hard to prove you have been denied a contract based on being white or not being AB eligible for other too.
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@Machpants said in 'Super Rugby' 2021:
@Snowy yes they will have to comply too the same amount that NZR do, which (around eligibility) is not at all
NZR have the choice to pick anybody that they deem eligible for the team, that isn't employment law.
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The quota is two non NZ qualified players per SR team, others have to apply for dispensation. I'm not an employment laws expert, but that has got to be illegal. But they get away with it because it is not challenged. Or maybe hard too challenge. Either way, same applies for PI team. There only problem they have is foreign players will have too get working visa, not easy. So they'll mostly be PI kiwis.
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@Machpants so Christian Cullen coulda played for them
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@taniwharugby said in 'Super Rugby' 2021:
@Machpants so Christian Cullen coulda played for them
Sure. It's not race based but eligibility based, also run by PI unions. I'm not saying I agree with it, but that's what they are aiming for, asnd it will be fine under NZ laws. If NZR can limit SR teams numbers of non NZ qualified (like France, UK, etc, all do) PI team can do the same I'm sure
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@Machpants said in 'Super Rugby' 2021:
they just have to be qualified for a PI
so NZ What about Maori...?
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@taniwharugby said in 'Super Rugby' 2021:
@Machpants said in 'Super Rugby' 2021:
they just have to be qualified for a PI
so NZ What about Maori...?
Yeah, i say PI when I mean Fiji, Tonga, and Samoa. Easier to write, just laziness.
In addition Pacifika does not only mean NZ based/born PI
https://www.collinsdictionary.com/dictionary/english/pasifika
That maybe a govt definition, but it is not the only definition. And not the one used here by NZ rugby, it is used in the broader sense of "people from the islands of the South Pacific and their descendants"
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@Machpants said in 'Super Rugby' 2021:
@taniwharugby yes. But under NZ laws you cannot deny an NZer a job because they are not qualified to play for the ABs, but NZR successfully do.
Which law is that? I'm not so sure that's true.
@Machpants said in 'Super Rugby' 2021:
The quota is two non NZ qualified players per SR team, others have to apply for dispensation. I'm not an employment laws expert, but that has got to be illegal. But they get away with it because it is not challenged. Or maybe hard too challenge. Either way, same applies for PI team. There only problem they have is foreign players will have too get working visa, not easy. So they'll mostly be PI kiwis.
Again, based on which law would that be illegal?
Definitely not the Human Rights Act, which only forbids discrimination based on sex, marital status, religious belief, ethical belief, colour, race, and ethnic or national origins. Dinstinugishing players based on which country they are eligible to represent in sport doesn't fall under any of these criteria. Not signing someone who's white, however, is.