Lawyer says Zimbabwe tour 'difficult to call off'

It would be very difficult for New Zealand Cricket (NZC) to get out of penalties if the Black Caps do not tour Zimbabwe in August, a sports and commercial law specialist says.

Wellington lawyer Nigel Stirling said today there were "quite a few hurdles to get through".

For "acceptable non-compliance" to occur under the agreement, there would have to be two things, he told National Radio.

There would have to be a " force majeure" -- a serious intervening cause -- in the nature of a riot, a civil commotion, or a storm or an explosion, or an earthquake.

As well as that the Force Majeure would have to make it is impossible, illegal, or give rise to a serious risk of death or personal injury to players or officials, in order to satisfy the agreement.

Another factor was if appropriate insurance could not be obtained on reasonable terms for the tour.

He said the Black Caps' tour was different from the attempted tour of South Africa by the All Blacks in the late 1980s, which was stopped by legal action and replaced by the rebel Cavaliers tour.

In the case of that tour there was no binding agreement.

"Because there's a binding agreement and it's very clear that these countries, or these member cricket boards, have willingly signed this agreement...I think they are bound by that."

- NZPA