{"id":158296,"date":"2025-05-30T08:53:00","date_gmt":"2025-05-30T07:53:00","guid":{"rendered":"https:\/\/www.yachtingworld.com\/?p=158296"},"modified":"2025-05-30T09:53:18","modified_gmt":"2025-05-30T08:53:18","slug":"team-new-zealand-claims-it-has-the-right-and-responsibility-to-choose-the-americas-cup-venue-as-war-of-words-escalates","status":"publish","type":"post","link":"https:\/\/www.yachtingworld.com\/americas-cup\/team-new-zealand-claims-it-has-the-right-and-responsibility-to-choose-the-americas-cup-venue-as-war-of-words-escalates-158296","title":{"rendered":"Team New Zealand claims it has the ‘right and responsibility to choose the [America’s Cup] venue’ as war of words escalates"},"content":"America\u2019s Cup<\/a> defenders Team New Zealand<\/a> have returned fire in the America\u2019s Cup war of words \u2013 by unveiling the draft Protocol.\r\n\r\nThe battle was initiated in public this afternoon with statements issued<\/a> by both the Challenger of Record Athena Racing<\/a> and American Magic<\/a>, who accused the defender of a lack of transparency.\r\n\r\nA statement issued from Emirates Team New Zealand read:\u2028\u2028\u201cThe Defender has been working closely and positively with all teams on moving the America\u2019s Cup to a new collaborative Partnership and structure to strengthen the future of the America\u2019s Cup for the benefit of the event and all current and future teams.\u201d\r\n\r\nIt continues regarding the Protocol: \u201cIn an unprecedented move, the Defender in conjunction with the Challenger of Record has been working with all teams on the development of the Protocol for the 38th America\u2019s Cup over the past few months. This has resulted in the current Protocol incorporating many ideas and positions of the teams. As a result of the significant teams input the completion of the Protocol has been prolonged.\r\n\r\n\u201cThe latest version of the Protocol went back to the Challenger of Record Athena Racing, 10 days ago, prior to the announcement of Naples<\/a>. The Defender has not had any feedback back from the Challenger of Record on the latest version other than acknowledgement it had been well received by the teams.\u201d\r\n\r\n[caption id=\"attachment_108804\" align=\"alignnone\" width=\"630\"]\"\" Grant Dalton of Emirates Team New Zealand has been holding onto the America's Cup since Bermuda 2017. Photo: ACE[\/caption]\r\n

Protocol draft released<\/h2>\r\nIn what can only be described as a \u2018hold my beer\u2019 move, ENTZ continued: \u201cHowever, the Defender now feels due to the unreasonable allegations that have been levelled at it by Athena Racing and American Magic, that it is appropriate to publicly release the latest draft version of the 38th America\u2019s Cup Protocol today as an illustration of complete transparency.\u201d\r\n\r\nIf the aim of Athena Racing and American Magic\u2019s statement was to flush Protocol discussions into the open, it has certainly achieved that. That Protocol is now available for all to see here<\/a>\r\n

New Cup organisation?<\/h2>\r\nOne of the most striking elements in the Protocol draft includes the previously leaked idea of a new structure behind the America\u2019s Cup organisation. It reads:\r\n\r\n\u201cThe Defender, COR and other prospective AC38 Competitors have reached agreement for the establishment of a partnership of founding teams (\u201cFounding Teams\u201d) to be responsible for the management of AC38 and future cycles of the America\u2019s Cup (\u201cAC Partnership\u201d or \u201cACP\u201d). It is agreed that ACP or its designated entity will be appointed as the Event Authority for AC38 and commence operation as soon as practicable after 30 June 2025.\r\n\r\n\u201cACP shall be bound by all pre-existing commitments in respect of AC38 matters which are contracted or otherwise agreed by ACE in the course of negotiation prior to ACP\u2019s commencement of operation.\u201d\r\n\r\nSome of the sweeping responsibilities of the ACP are listed, including management of timing and format, commercial and media rights and \u2018endeavouring to raise funds, to meet its costs of AC38.\u2019\r\n\r\nThere are also structural changes proposed to how the Challenger of Record can be selected: \"If the Challenger of Record withdraws its challenge, then the Defender shall promptly appoint one of the other remaining Challengers as the new Challenger of Record, such appointment to be at the sole discretion of the Defender.\u201d\r\n\r\nAnd a deeply complicated clause which bonds competitors to agree to using the AC75 class for AC39, or risk forfeiting\u00a0 $20 million (yes, that\u2019s USD20m).\r\n\r\n[caption id=\"attachment_156637\" align=\"alignnone\" width=\"630\"]\"\" INEOS Britannia battling it out with Emirates Team New Zealand off Barcelona during Race 7 of the 37th America\u2019s Cup. ETNZ went on to win the Cup 7-2. Photo: Ricardo Pinto\/America\u2019s Cup[\/caption]\r\n

Six crew, 1 woman, no cyclors<\/h2>\r\nOther big changes drafted include a requirement under the AC75 rule that boats will have six crew members, including one youth (under 25) and one female.\r\n\r\nThe Protocol continues: \u201cManual power input will not be permitted, except in steering, and the AC75 Class Rule will allow power equivalent to that generated by four cyclors to be supplied to control sail functions with a supplied battery-powered system.\r\n\r\n\u201cIt is envisaged that this supplied power system will mimic the capability of human cyclors in terms of average power output, peak power, fatigue, and other relevant data enabling crews to determine how best to use the power available during a race. Sailing data from AC37 will be used to quantify such power requirement.\u201d\r\n\r\nThe Protocol notes that the above two points \u201chave been included in response to COR feedback for the purposes of further discussion only, not yet agreed to by the Defender\u201d.\r\n\r\nGuest slots will also be created onboard.\r\n\r\n[caption id=\"attachment_154344\" align=\"alignnone\" width=\"630\"]\"\" The AC75s will have just six crew under the draft Protocol proposal. Photo: LUNA ROSSA PRADA PIRELLI TEAM[\/caption]\r\n

Key dates for 38th America's Cup<\/h2>\r\nOther key dates in the draft Protocol include the rule that nobody can sail an AC75 until 15 January 2026.\r\n\r\nThe intention is to run up to three Initial Preliminary Regattas during 2026 and one possibly in early 2027, with a final Preliminary Regatta at the Match Venue.\r\n\r\nThese Preliminary events will be raced in AC40s in 2026 (with each Competitor able to enter two AC40s). In 2027 the Preliminary Regattas will be raced in AC75s \u2018competing in the same AC75 Yacht hull in which Competitors shall compete during the Challenger Selection Series (CSS) and the Match\u2019.\r\n\r\nThe Defender will again be eligible to compete in the early stage of the challenger series, but not the Semi-Final or Final.\r\n\r\nThe women\u2019s and youth America\u2019s Cups are also to return.\r\n

Crew rules for AC38<\/h2>\r\nThe rumoured \u2018Burling<\/a> clause\u2019 is included, and reads: \u201cup to two non-nationals may participate as crew on a Competitor\u2019s yacht in a race in the AC38 Events, provided such non-nationals did not participate as crew in any races of the following AC37 Events \u2013 the AC37 Final Preliminary Regatta, the Challenger Selection Series or the AC37 Match.\u201d\r\n\r\nThe nationality rule can also be waived, on agreement by the Defender and Challenger of Record, \u201cfor a particular crew member who they are satisfied was unable to fully comply with those requirements only due to circumstances outside his\/her control such as the COVID 19 pandemic\u201d.\r\n\r\n[caption id=\"attachment_153265\" align=\"alignnone\" width=\"630\"]\"\" Peter Burling has left Emirates Team New Zealand, but under the draft Protocol would not be able to move to another team.[\/caption]\r\n\r\nThe 75-page draft Protocol document also lists many, many other rules and changes, such as country of build, the recon system, and so on, plus intellectual property and media rights (a likely significant area of change with the formation of the ACP)\r\n\r\nPerhaps key to Naples, it notes that \u201cthe TWS range referred to is between 6.5 knots and 23 knots.\u201d\r\n\r\nAnd, perhaps key to some skippers more than others, there\u2019s a \u2018profanity\u2019 clause in case any non-PC language is caught on the live broadcast.\r\n\r\nHowever, this Protocol document is still a draft, that has not been signed off with full agreement, and there are likely to be changes still to be made and details thrashed out further.\r\n

Venue transparency<\/h2>\r\nETNZ\u2019s statement concluded by disputing the claim in the Athena Racing statement that the host venue of Naples had been signed without due transparency. It reads:\r\n\r\n\u201cIt is the responsibility of the Defender and has been an obligation of an agreement with the Challenger of Record, to secure the Host Venue by June 19th 2025 so all teams have clarity on one of the most important foundations of any America\u2019s Cup.\r\n\r\n\u201cAhead of time, the teams now have that knowledge and understanding with the exciting announcement of Naples, Italy in 2027.\r\n\r\n[caption id=\"attachment_158137\" align=\"alignnone\" width=\"630\"]\"\" It was recently announced that the Cup is headed to Naples, Italy for AC38.[\/caption]\r\n\r\n\u201cIn contrast to the statement by Athena Racing, all teams have already been offered full access and transparency to the Host Venue Agreement (HVA), which was signed just last week, upon their signing of a Non-Disclosure Agreement (NDA). Such a requirement is standard practice in any contract that contains commercial sensitivities.\u201d\r\n\r\n\"The Defender is yet to receive the returned NDA\u2019s from Athena Racing as Challenger of Record.\"\r\n\r\n
\r\n\r\n

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Yachting World is the world's leading magazine for bluewater cruisers and offshore sailors. Every month we have inspirational adventures and practical features to help you realise your sailing dreams.<\/em><\/div>\r\n
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","excerpt":{"rendered":"

Following a statement from Alinghi and co-ordinated statements of support from Athena Racing and NYYC American Magic yesterday, Thursday 29 May, Team New Zealand have responded with their own statement on the 38th America’s Cup venue late Thursday UK time. Alinghi accused Team New Zealand of selling ‘something they do not own the rights to’ after the Kiwis announced the venue for the 38th America’s Cup apparently without approval of Athena Racing, the Challenger of Record. However, Team New Zealand claims that the Challenger of Record (CoR) signed a ‘Memorandum of Understanding’ when they signed up to be the Challenger of Record for the next America’s Cup at the conclusion of the last event in 2024. The statement from Team New Zealand came in two parts. The first read: ‘The Defender, as per the Deed of Gift has the right and responsibility to choose the venue and the Memorandum of Understanding signed with the Challenger of Record at the conclusion of the 37th America\u2019s Cup also gives that full right and obligation to the Defender. Article continues below… ‘The Defender remains committed to work with the teams to create a partnership for the future America\u2019s Cups.’ This was followed some hours later by a second statement which read: ‘Further clarification on today\u2019s earlier statement from Emirates Team New Zealand regarding the agreed responsibility of the Defender on selecting the Host Venue of the 38th America\u2019s Cup across all events including the Challenger Selection Series. The MOU with the Challenger of Record also says: \u201cThe Venue for the Match and for the preceding CSS will be determined and announced by the AC38 Defender within eight months of the AC37 Final Race. The final dates for the Match and the preceding CSS will be announced within a further two months of the Venue announcement.\u201d’ As the back-and-forth continues the wording of these tit-for-tat statements is starting to look increasingly legal. The America’s Cup has long been a home to legal battles and quite how this ‘Memorandum of Understanding’ apparently signed by British Challenger of Record squares with the famous America’s Cup Deed of Gift \u2013 the 1882 primary document that governs the rules to challenge for the America’s Cup \u2013 could well be one for the lawyers to decide. If you enjoyed this\u2026. Yachting World is the world’s leading magazine for bluewater cruisers and offshore sailors. Every month we have inspirational adventures and practical features to help you realise your sailing dreams. Build your knowledge with a subscription delivered to your door. See our latest offers and save at least 30% off the cover price.<\/p>\n","protected":false},"author":3349,"featured_media":154964,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[687],"tags":[1227,569,1633],"review_manufacturer":[],"acf":[],"introduction":null,"_links":{"self":[{"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/posts\/158296"}],"collection":[{"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/users\/3349"}],"replies":[{"embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/comments?post=158296"}],"version-history":[{"count":5,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/posts\/158296\/revisions"}],"predecessor-version":[{"id":158301,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/posts\/158296\/revisions\/158301"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/media\/154964"}],"wp:attachment":[{"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/media?parent=158296"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/categories?post=158296"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/tags?post=158296"},{"taxonomy":"review_manufacturer","embeddable":true,"href":"https:\/\/www.yachtingworld.com\/wp-json\/wp\/v2\/review_manufacturer?post=158296"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}