'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
Super rugby is struggling but that has little to do with sabbaticals. 1. Too many teams from Aust and NZ - should be 3 and 4 respectively, add in 2 from Japan, 1 possibly 2 from Argentina. 2. Inconsistent and poor refereeing, admittedly not restricted to Super rugby. Only one team was reffed at the breakdown in Reds v H’Landers match. Scrum penalty awarded in Canes v Drua when No 8 had the ball in the open with little defence nearby - ideal opportunity to play advantage. Coming back to Reds match - same scrum situation but ref played advantage - Landers made 10 yards and were penalised at the breakdown when the ref should have returned to scrum penalty. 3. Marketing is weak and losing ground to AFL and NRL. Playing 2 days compared with 4. 4. Scheduling is unattractive to family attendance. Have any franchises heard of Sundays 2pm?
10 Go to commentsAbsolutely..all they need is a chance in yhe playoffs and I bet all the other teams will be nervous…THEY KNOW HOW TO WIN IM THE PLAYOFFS..
2 Go to commentsI really hope he comes back and helps out with some coaching.
1 Go to commentsI think we are all just hoping that the Olympic 7s doesn’t suffer the same sad fate as the last RWC with the officials ruining the spectacle.
1 Go to commentsPersonally, I’ve lost the will to even be bothered about the RFU, the structure, the participants. It’s all a sham. I now simply enjoy getting a group of friends together to go and watch a few games a year in different locations (including Europe, the championship, etc). I feel extremely sorry for the real fans of these clubs who are constantly ignored by the RFU and other administrators. I feel especially sorry for the fans of clubs in the Championship who have had considerable central funding stripped away and are then expected to just take whatever the RFU put to them. Its all a sham, especially if the failed clubs are allowed to return.
9 Go to commentsI’m guessing Carl Hayman would have preferred to have stayed in NZ with benefit of hindsight. Up north there is the expectation to play twice as many games with far less ‘player management’ protocols that Paul is now criticising. Less playing through concussions means longer, healthier, careers. Carter used as the eg here by Paul, his sabbatical allowed him to play until age 37. OK its not an exact science but there is far more expectations on players who sign for Top 14 or Engl Prem clubs to get value for the huge salaries. NZR get alot wrong but keeping their best players in NZ rugby is not one of them. SA clubs are virtually devoid of their top players now, no thanks. They cant threaten the big teams in the Champions Cup, the squads have little depth. Cant see Canes/Chiefs struggling. Super has been great this year, fantastic high skill matches. Drua a fantastic addition and Jaguares will add another quality team eventually. Aus teams performing strongly and no doubt will benefit with the incentive of a Lions tour and a home RWC. Let Jordie enjoy his time with Leinster, it will allow the opportunity for another player to emerge at Canes in his absence.
10 Go to commentsLove that man, his way to despise angry little men is so funny ! 😂
4 Go to comments“South African franchises would be powerhouses if we had all our overseas based players back in situ. We would have the same unbeatable aura the Toulouses, Leinsters or Saracens of this world have had over the last decade or so.” Proof that Jake white does not understand the economics of the game in SA. Players earning abroad are not going to simply come back and represent the bulls. But they might if they have a springbok contract.
22 Go to commentsA lot of fans just joined in for the fun of it! We all admire O'Gara and what he has done for La Rochelle
4 Go to commentsThe RFU will find a way to mess this up as usual. My bet is there will be no promotion into the the Premiership, only relegation into National League One. Hopefully they won’t parachute failed clubs into the league at the expense of clubs who have battled for promotion.
9 Go to commentsWell that’s the contracts for RG and Jordie bought and paid for. Now, what are the chances we can persuade Antoine to hop over with all the extra dosh we’ll have from living at the Aviva & Croke next season…??? 🤑🤑🤑
16 Go to commentsWow, that’s incredible. Great for rugby.
16 Go to commentsYou probably read that parling is going to coach the wallaby lineout but if not before now you have.
14 Go to commentsIf someone like Leo Cullen was in O’Gara’s place I don’t hear Boo-ing. It’s not just that La Rochelle has hurt Leinster and O’Gara is their Irish boss. It’s the needle that he brings and the pantomime activity before the game around pretending that Munster were supporting LaRochelle just because O’Gara is from Cork. That’s dividing Irish provinces just to get an advantage for his French Team. He can F*ck right off with that. BOOOOO! (but not while someone is lying injured)
4 Go to commentsDid the highlanders party too hard before the game? They were the pits.
1 Go to commentsWhat a player! Not long until he’s in the England side, surely?
5 Go to commentsHe seems to have the same aura as Marcus Smith - by which I mean he’s consistently judged as if he’s several years younger than he actually is. Mngomezulu has played 24 times for the Stormers. When Pollard was his age he had played 24 times for South Africa! He has more time to develop, but he has also had time to do some developing already, and he hasn’t demonstrated nearly as much talent in that time as one would expect. If he is a generational talent, then it must be a pretty poor generation.
6 Go to commentsThe greatest Springbok coach of all time is entirely on the money. Rassie and Jacques have given the south african public a great few years, but the success of the springbok selection policy will need to be judged in light of what comes next. The poor condition that the provincial system is currently in doesn’t bode well for the next few years of international rugby, and the insane 2026 schedule that the Boks have lined up could also really harm both provincial and international consistency.
22 Go to commentsJake White is a brilliant coach and a master in the press. This is another masterclass in media relations and PR but its also a very narrow view with arguments that dont always hold water. White wants his team to win, he wants the best players in SA and wants his team competitive. You however have to face up to the reality of a poor exchange rate and big clubs with big budgets. SA Rugby cant compete and unless it can find more money SA players will keep leaving regardless of Springbok eligibility and this happened in 2015 - 2017. Also rugby is not cricket. Cricket has 3 formats and T20 cricket is where the money is at. When it comes to club vs country the IPL is king but that wont happen because the international calendar does not clash with the club calendar in rugby. So the argument about rugby going down the same path as cricket is really a non-starter
22 Go to commentsNZ rugby seem not to have learnt anything from professional rugby. Super rugby was dying and SA left before they died with the competition. SA rugby did a u turn on their approach to international players playing overseas and such players are now selected for Bok teams. As much as each country would love to retain their players playing in local competitions, this is the way the world is evolving my friends. Move with it or stay 20 years behind the times. One more thing. NZ rugby hierarchy think they are the big cheese. Take a more humble approach guys. You do not seem to have your players best interests at heart.
10 Go to comments