By Chris Rattue
Brumbies props Rod Moore and Ben Darwin have been blocked from playing for Waikato and Counties-Manukau in the NPC competition this year.
Darwin, whose Brumbies contract ends next year, was pulled out of the Steelers' training by coach Mac McCallion on Monday night after the union was notified he must return to Australia.
Moore was due to play for Waikato this year and has also been lined up for the Chiefs in the Super 12, but must now honour his Brumbies contract which finishes this year.
While the Super 12 is over this year, there is a brief inter-state competition in Australia and the ARU also wants their top players to continue turning out for their clubs
Two other Australian players recruited by Southland, prop Simon Kerr and centre Craig Wells, should be able to play in New Zealand because they are not on full contracts.
Darwin and Moore's Australian agent Grant Richardson last night accepted that the players could not play in the NPC because of the terms in their Super 12 contracts.
But he predicted legal battles would result if Australia and any other union tried to involve non-contracted players in new IRB regulations, which will impose fee and clearance regulations. Richardson said that ARU statements about the IRB rules stated the new rules would apply to both contracted and non-contracted players.
Richardson said while contracts had to be honoured, any attempts by countries to enforce the IRB rules (which come into force on September 1) on non-contracted players would lead to commercial law battles over restraint of trade.
Richardson said: "We want to work constructively with the ARU but there are issues about constraint of trade and how these rules fit in with commercial law. All the advice I am getting is that they don't.
"The IRB might lay down their rules but who are the IRB anyway? There is a transfer system in New Zealand and quite frankly I don't know how they've got away with it. I suspect it is because it has never been tested.
"One NPC coach has already said that to me and I think once someone does try to test it, it will open a whole can of worms."
ARU spokesman Strath Gordon said the ARU was forcing their clubs' hands over the issue. Many clubs were "afraid" to stand up to the players and their agents, he said.
"A lot of investment has been put into the players and we want them to pass on their skills and knowledge," he said.
"The other thing that must be pointed out are the new IRB rules which come into force in September...and players must get clearances at club, state and national level."
McCallion, meanwhile, was furious about Darwin's impending departure.
"His club was willing to let him play here. Ben is very upset about it. He never intended playing for a Super 12 team here.
"He would have gained a lot of experience in our competition which would have helped him and his teams when he returned to Australia," he said.
Rugby: Aussie props blocked from playing in NPC
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