'Hypocrisy and discrimination': Former All Blacks star left without club over obscure Top League rule
Ask any avid New Zealand rugby follower what springs to mind when they cast their mind back to 2011, and you will receive an almost unanimous response.
That was the year the All Blacks broke their World Cup hoodoo on home soil, the year Stephen Donald earned cult hero status, and the year the Crusaders nearly defied every expectation of them as losing Super Rugby finalists after playing every game away from Christchurch.
But, for former All Blacks lock Isaac Ross, 2011 was the year he put an end to his playing career in New Zealand.
After bursting onto the international scene as a fresh-faced 24-year-old in 2009, the eight-test second rower spent two seasons in the international wilderness before opting to open the next chapter of his rugby career in Japan.
There he took with him his wife and two children, then aged three and one, as he signed on with Top League club NTT Communications Shining Arcs.
Since then, his family has not only grown with the addition of two more kids, but they have fully integrated themselves into the Japanese lifestyle, and Ross has made no secret of his desire to stay put.
“I’ve got four boys, and to have the ability to raise them here in Japan, it’s been second-to-none, to be honest,” the 35-year-old told RugbyPass.
“We live just outside of Tokyo, having a bit of city life, and then going back for off-season, we reside in Wanaka, so that’s been a life we’ve been pretty fortunate to have.”
It’s a way of life that has come under threat, though, as a result of an obscure Top League rule that has effectively called into question the validity of Ross’s status as a Japanese citizen.
Despite having held a Japanese passport since 2017, Ross is still considered a foreigner under a Top League law introduced in 2016 that has banned internationally-capped players from overseas who have obtained Japanese citizenship from being recognised as a local player.
Anyone who played rugby for another country and acquired Japanese citizenship prior to August 31, 2016, such as ex-Wallabies forward Daniel Heenan of the Panasonic Wild Knights, is deemed Japanese in the Top League.
However, because Ross achieved Japanese citizenship after that date, his eight test appearances for the All Blacks means he remains a foreigner.
Consequently, the former Crusaders, Highlanders and Chiefs lock falls under the Top League’s foreign quota, part of which limits teams to fielding up to two internationally-capped foreign players at any time.
Other aspects of the quota allow teams to have three foreign-born players who currently are or could become eligible to play for Japan and one Asian passport holder on the field at the same time.
Japanese passport holders who haven’t played for another country don’t fall under any of these restrictions, however, which has led to teams fielding as many as 11 foreigners at any time.
Ross believes that defeats the purpose of having the rule that prevents him from being registered as Japanese, which he says was brought in to protect players eligible to represent Japan.
“We’re playing up against teams that sometimes have nine, 10, sometimes 11 players that are of foreign descent, but it sort of contradicts when they want to defend and protect the domestic players,” he said.
“Only 20 percent of them are actually home-grown Japanese when some teams field an actual squad.”
Ross added that companies, the owners of Top League clubs, have cited financial pressures of having foreign-born players in their squads as another reason behind the implementation of the rule.
He highlights the ongoing recruitment of global stars – such as Beauden Barrett, whose upcoming one-season deal with Suntory Sungoliath is believed to be worth around NZ$1.5m, which would make him among the world’s highest-paid players – as another point of contradiction behind that reasoning.
The impact of the constant drive into the offshore player market is something that Ross hasn’t been immune to, with NTT Communications Shining Arcs signing World Cup-winning Springboks hooker Malcolm Marx and Wallabies playmaker Christian Lealiifano for the 2020 season.
The addition of both players meant Ross’s game time was severely limited earlier this year, as only two of the three foreign test stars could take the field at the same time.
Had he been considered a Japanese player, Ross would have been able to play alongside Marx and Lealiifano freely under no restrictions, but the implications of his foreign status now leaves him without a club.
“NTT decided not to renew my contract because I’m an internationally-capped foreigner, and they’re looking in a different direction, and a lot of other teams have that same mentality,” Ross told RugbyPass.
“However, they’ve alluded to the fact that… if I was Japanese, and if I was able to register as a Japanese player, then that’s a whole different ball game.”
Ross revealed several teams from across Japan have since expressed interest in signing him for next season, provided the rule is changed to allow him to play as Japanese.
“You don’t want to look for the sob story, these times are hard for a lot of people, but that’s the reality for us. We’re no longer contracted here in Japan,” he said.
“These guys [the Top League] haven’t announced [if] a rule change is going to happen, and if they do change, then we’ll have the ability to stay, but if they don’t, then our journey here in Japan is finished.”
Given his commitment to the country – as evidenced by the six-year process he underwent to gain Japanese citizenship, an achievement few Top League foreigners strive to complete – it would be an underwhelming way for Ross to end his nine-year stay abroad.
“We’ve committed to Japan and we’ve decided to leave our home countries and make a life over here and, like I said explaining the passport situation, it’s no easy feat.
“When the rule was initially announced, I appealed the ruling and it was rejected.
“We moved on from that but the past couple of years, they have continued to loosen other foreign player regulations while staying firm on ours despite the fact it no longer makes sense and infringes on our rights as Japanese.
“We gave up our citizenship of our own countries to become Japanese, and that’s probably the biggest thing for us,” he said, before adding: “It feels that we’re the ones that are getting punished for our loyalty.
“It’s a heavy pill to swallow to have to represent your own country and then getting punished for your loyalty [to] Japan.”
Compounding Ross’s frustration is the fact that he is one of only three players in the entire competition that the rule affects.
The others are ex-Australian sevens representative Brackin Karauria-Henry, of NTT Communications Shining Arcs, and former New Zealand sevens and Maori All Blacks loose forward Colin Bourke, of Ricoh Black Rams.
Their involvement in the situation makes the predicament even murkier considering both have been part of Japan’s extended sevens squad in preparation for the Tokyo Olympics.
World Rugby regulations allow players to transfer their national allegiance from one country to another provided they play a certain number of Olympic qualifying tournaments and hold a passport for the country they wish to represent.
Both players have run out for Japanese invitational sides, but are yet to be officially capped for the Japan sevens team.
Once they do, they would meet World Rugby’s requirement of switching nationalities, thus becoming eligible for the Brave Blossoms, and only then will they be deemed Japanese in the Top League.
However, with COVID-19 delaying the Olympics by a year and there being no certainty of the world’s biggest sporting event going ahead amid the global pandemic, their chances of being recognised as Japanese are slimming.
“I’m a bit pissed off the same group of people, they want me to play for them at the Olympics, and they want to pay me money to do so, but they won’t let me play for my club team as a Japanese player, which is where we earn our money,” Bourke told RugbyPass.
“We don’t get paid to play for Japan. It actually costs us a lot of money with transport and all that sort of s***. It’s a bit of a double standard. We’re trying to get their heads around how we see it as well, which is proving difficult.”
While they are hopeful their fight for a change in ruling will bear fruit, the prospect of potentially having to leave Japan, where – like Ross – their families are well-settled, due to their foreign status is a cause for concern.
“I’ve got five kids, they’ve all actually started school, the two oldest are going to full Japanese schools, so we’re happy where we are. It’s just the rugby side of things is sort of holding us back,” Bourke said.
“I’d want to keep playing here, but, as I say, if I can’t find work, then it’s probably back to New Zealand or another country and try find something.
“I’d definitely love to stay as long as we can.”
“If the Olympics is cancelled and they don’t change this rule in our favour, it’s going to be very difficult to re-sign or find another opportunity in Japan because we’re still a foreigner, we’re still capped,” Karauria-Henry added.
“The way the rules are, it would be difficult for us to re-sign with the club or get an opportunity somewhere else.”
It’s an issue that Deane Kebblewhite, a rugby fan and long-time resident of Japan, is calling to be resolved.
Kebblewhite created an online petition for the law, which he described as “discriminatory”, to be overturned earlier this year.
“When this rule first came in four years ago, there was maybe a total [of] 100 [foreign players] across all the teams,” he told RugbyPass.
“As it stands now, according to Top League’s own website, there’s just over 200 foreign players now, so that number has doubled in four years.
“Why they’re allowed to sign these guys is because [they are] ‘currently eligible or future eligible for Japan’, so even if they just move here today, they’re classed as ‘future eligible’ because they’re not capped overseas.
“Japan will count those guys as future eligible, so they’re allowed to get game time that these three guys won’t. They definitely add to the quality of the Top League, but most of these guys aren’t going to be here long enough to ever meet the World Rugby eligibility requirements.
“It’s just all kinds of hypocrisy and discrimination. They are legally Japanese in every way, but the moment they pull on that Top League jersey, they are foreigners again because of some made up rule by the JRFU.”
Whether or not the Top League will change the rule remains to be seen, with a Japan Rugby Football Union spokesperson telling RugbyPass the issue “is still under discussion” and that a decision about the ruling would be made at a board meeting “in due course”.
Regardless, Ross has taken a philosophical approach to what could be the closing stages of his time in Japan.
“If this is the time for our journey to finish, we’re comfortable with that,” he said.
“Once I got past 30, I was always considering that I was punching in the bonus rounds, so every year has been a gift for us. I am extremely grateful for the opportunity of being here so long.
“We’ve always been prepared to move on, nothing is long-term in rugby. We love Japan, we’ve raised our family here, the kids are fully bilingual and we made a commitment to this country by changing citizenship. Our boys just recently had their Japanese citizenship granted.
“We’re trying to give them an opportunity, potentially, if they want to come back to Japan later in life, they don’t have this problem.
“At this stage, as a capped foreign player, my rugby career in Japan is over due to the rule. However, I have an amazing opportunity to move on offshore, so the dream is not yet over.
“But, for now, we are just trying to amend a rule so us, and others like us, who gain Japanese citizenship and wish to play in Japan as a local, won’t suffer the consequences in the wake of the honour of representing their previous countries at the highest level.
”Especially considering we live in a country where the tradition of honour still runs deep and is something to be celebrated.
”We hope that the JRFU and Top League see it that way too.”
Comments on RugbyPass
1. The Chiefs are rudderless without DMac, which enhances his AB chances 2. Chiefs pack are powderpuffs. The hard men arent there anymore 3. They had their golden title chance last yr and wont threaten this yr. Gone in second round of playoffs.
1 Go to commentsHonestly, why did you have to publish such a foolish article the day they play us? 😂
30 Go to comments> They are not standalone entities. They are linked to an amateur association which holds the FFR licence that allows the professional side to compete in the league. That’s a great rule. This looks like the chicken or egg professional scenario. How long is it going to be before the club can break even (if that is even a thing in French rugby)? If the locals aren’t into well it would be good to se them drop to amateur level (is it that far?). Hope they can reset from this level and be more practical, there will be a time when they can rebuild (if France has there setup right).
1 Go to commentsWhat about changing the ball? To something heavier and more pointed that bounces unpredictably. Not this almost round football used these days.
35 Go to commentsThis is the problem with conservative mindsets and phycology, and homogenous sports, everybody wants to be the same, use the i-win template. Athlete wise everyone has to have muscles and work at the gym to make themselves more likely to hold on that one tackle. Do those players even wonder if they are now more likely to be tackled by that player as a result of there “work”? Really though, too many questions, Jake. Is it better Jake? Yes, because you still have that rugby of ole that you talk about. Is it at the highest International level anymore? No, but you go to your club or checkout your representative side and still engage with that ‘beautiful game’. Could you also have a bit of that at the top if coaches encouraged there team to play and incentivized players like Damian McKenzie and Ange Capuozzo? Of course we could. Sadly Rugby doesn’t, or didn’t, really know what direction to go when professionalism came. Things like the state of northern pitches didn’t help. Over the last two or three decades I feel like I’ve been fortunate to have all that Jake wants. There was International quality Super Rugby to adore, then the next level below I could watch club mates, pulling 9 to 5s, take on the countries best in representative rugby. Rugby played with flair and not too much riding on the consequences. It was beautiful. That largely still exists today, but with the world of rugby not quite getting things right, the picture is now being painted in NZ that that level of rugby is not required in the “pathway” to Super Rugby or All Black rugby. You might wonder if NZR is right and the pathway shouldn’t include the ‘amateur’, but let me tell you, even though the NPC might be made up of people still having to pull 9-5s, we know these people still have dreams to get out of that, and aren’t likely to give them. They will be lost. That will put a real strain on the concept of whether “visceral thrill, derring-do and joyful abandon” type rugby will remain under the professional level here in NZ. I think at some point that can be eroded as well. If only wanting the best athlete’s at the top level wasn’t enough to lose that, shutting off the next group, or level, or rugby players from easy access to express and showcase themselves certainly will. That all comes back around to the same question of professionalism in rugby and whether it got things right, and rugby is better now. Maybe the answer is turning into a “no”?
35 Go to commentsWow, didn’t realise there was such apathy to URC in SA, or by Champions Cup teams. Just read Nick’s article on Crusaders, are Sharks a similar circumstance? I think SA rugby has been far more balanced than NZs, no?
2 Go to commentsBut here in Australia we were told Penney was another gun kiwi coach, for the Tahs…….and yet again it turned out the kiwi coach was completely useless. Another con job on Australian rugby. As was Robbie Deans, as was Dave Rennie. Both coaches dumped from NZ and promoted to Australia as our saviour. And the Tahs lap them up knowing they are second rate and knowing that under pressure when their short comings are exposed in Australia as well, that they will fall in below the largest most powerful province and choose second rate Tah players to save their jobs. As they do and exactly as Joe Schmidt will do. Gauranteed. Schmidt was dumped by NZ too. That’s why he went overseas. That why kiwi coaches take jobs in Australia, to try and prove they are not as bad as NZ thought they were. Then when they get found out they try and ingratiate themselves to NZ again by dragging Australian teams down with ridiculous selections and game plans. NZ rugby’s biggest problem is that it can’t yet transition from MCaw Cheatism. They just don’t know how to try and win on your merits. It is still always a contest to see how much cheating you can get away with. Without a cheating genius like McCaw, they are struggling. This I think is why my wise old mate in NZ thinks Robertson will struggle. The Crusaders are the nursery of McCaw Cheatism. Sean Fitzpatrick was probably the father of it. Robertson doesn’t know anything else but other countries have worked it out.
30 Go to commentsIt could be coincidental or prescient that the All Blacks most dominant period under Steve Hansen was when the Crusaders had their least successful period under Todd Blackadder and then the positions reversed when Razor took over the Crusaders.
30 Go to commentsDefinitely sound read everybodyexpects immediate results these days, I don't think any team would travel well at all having lost three of the most important game changers in the game,compiled with the massive injury list they are now carrying, good to see a different more in depth perspective of a coaches history.
3 Go to commentsSinckler is a really big loss for English rugby.
2 Go to commentsThanks Nick The loss of players to OS, injury and retirement is certainly not helping the Crusaders. Ditto the coach. IMO Penny is there to hold the fort and cop the flak until new players and a new coach come through,…and that's understood and accepted by Penny and the Crusaders hierarchy. I think though that what is happening with the Crusaders is an indicator of what is happening with the other NZ SRP teams…..and the other SRP teams for that matter. Not enough money. The money has come via the SR competition and it’s not there anymore. It's in France, Japan and England. Unless or until something is done to make SR more SELLABLE to the NZ/Australia Rugby market AND the world rugby market the $s to keep both the very best players and the next rung down won't be there. They will play away from NZ more and more. I think though that NZ will continue to produce the players and the coaches of sufficient strength for NZ to have the capacity to stay at the top. Whether they do stay at the top as an international team will depend upon whether the money flowing to SRP is somehow restored, or NZ teams play in the Japan comp, or NZ opts to pick from anywhere. As a follower of many sports I’d have to say that the organisation and promotion of Super Rugby has been for the last 20 years closest to the worst I’ve ever seen. This hasn't necessarily been caused by NZ, but it’s happened. Perhaps it can be fixed, perhaps not. The Crusaders are I think a symptom of this, not the cause
30 Go to commentsNo way. If you are trying to picture New Zealand rugby with an All Blacks mindset, there have been two factors instrumental to the decline of NZ rugby to date. Those are the horror that the Blues have become and, probably more so, the fixture that the Crusaders became. I don’t think it was healthy to have one team so dominant for so long, both for lack of proper representation of players from outside that environment and on the over reliance on players from within it. If you are another international side, like Ireland for example, sure. You can copy paste something succinct from one level to the next and experience a huge increase in standards, but ultimately you will not be maximizing it, which is what you need to perform to the level the ABs do. Added to that is the apathy that develops in the whole game as a result of one sides dominance. NZ, Super, and Championship rugby should all experience a boom as a result of things balancing out. That said, there is a lot of bad news happening in NZ rugby recently, and I’m not sure the game can be handled well enough here to postpone the always-there feeling of inevitable decline of rugby.
30 Go to commentsNo SA supporter miss Super Rugby - a product that is experiencing significant head wind in ANZ - the competition from rival codes are intense, match attendance figures are at a historical low and the negativity of commentators such as Kirwan and Wilson have accelerated the downward spiral in NZ. After the next RWC in 2027 sponsors will follow Qantas and start leaving in droves.
2 Go to commentsLike others, I am not seeing the connection between this edition of the Crusaders and the All Blacks future prospects under Razor. I think the analysis of the Crusaders attack recently is helpful because Razor and his coaching team used to be able to slot new guys in to their systems and see them succeed. Several of Razor’s coaches are still there so it would be surprising if the current attack and set piece has been overhauled to a great extent - but based on that analysis, it may have been. Whether it is too many new guys due to injuries or retirement or a failure of current Crusaders systems is the main question to be answered imo. It doesn’t seem relevant for the ABs.
30 Go to commentsharry potter is set in stone. he creates stability and finishes well. exactly what schmidt likes. he’s the ben smith of australian rugby. i think it could quite easily be potter toole and kellaway for the foreseeable future.
5 Go to commentsThis is short sighted from Clayton if you ask me, smacks of too much preseason planning and no adaptability. What if DMac is out for a must win match, are they still only going to bring their best first five and playmaker on late in the game? Trusting the game to someone who wasn’t even part of planning (they would have had Trask pinned in as Jacomb preseason). Perhaps if the Crusaders were better they would not have done this, but either way imo you take this opportunity to play a guy you might need starting in a final rather than having their 12th game getting comfortable coming off the bench.
1 Go to commentsThanks Brett.. At last a positive article on the potential of Wallaby candidates, great to read. Schmidt’s record as an international rugby coach speaks for itself, I’m somewhat confident he will turn the Wallaby’s fortunes around …. on the field. It will be up to others to steady the ship off the paddock. But is there a flaw in my optimism? We have known all along that Australia has the players to be very competitive with their international rivals. We know that because everyone keeps telling us. So why the poor results? A question that requires a definitive answer before the turn around can occur. Joe Schmidt signed on for 2 years, time to encompass the Lions tour of 2025. By all accounts he puts family first and that’s fair enough, but I would wager that his 2 year contract will be extended if the next 18 months or so shows the statement “Australia has the players” proves to be correct. The new coach does not have a lot of time to meld together an outfit that will be competitive in the Rugby Championship - it will be interesting to see what happens. It will be interesting to see what happens with Giteau law, the new Wallaby coach has already verbalised that he would to prefer to select from those who play their rugby in Australia. His first test in charge is in July just over 3 months away .. not a long time. I for one wish him well .. heaven knows Australia needs some positive vibes.
21 Go to commentsWhat a load of bollocks. The author has forgotten to mention the fact that the Crusaders have a huge injury toll with top world class players out. Not to mention the fact that they are obviously in a transition period. No this will not spark a slow death for NZ rugby, but it does mean there will be a new Super Rugby champion. Anyone who knows anything about NZ rugby knows that there is some serious talent here, it just isn’t all at the Crusaders.
30 Go to commentsI wouldn’t spend the time on Nawaqanitawase! No point in having him filling in a jersey when he’s committed to leave Union. Give the jersey to a young prospect who will be here in the future.
5 Go to commentsIt was a pleasure to watch those guys playing with such confidence. That trio can all be infuriating for different reasons and I can see why Jones might have decided against them. No way to justify leaving Ikitau out though. Jorgensen and him were both scheduled to return at the same time. Only one of them plays for Randwick and has a dad who is great mates with the national coach though.
55 Go to comments