KEY POINTS:
VALENCIA, Spain - The 2009 America's Cup was postponed today because of a protracted legal dispute - but Team NZ says it will not hit their plans to compete.
Organisers said the 33rd edition of the sailing classic will be staged at a later date because of Golden Gate Yacht Club's dispute with two-time defending champion Alinghi's Societe Nautique de Geneve over the rules for the next race.
"The ongoing uncertainty around the conclusion of the New York court case brought by BMW Oracle Racing leaves the organisers no choice but to delay the event, as many indicators demonstrate a lack of viability to stage the event in 2009 to the same standards as the 32nd America's Cup," America's Cup Management said in a statement.
However, Team New Zealand are strong enough to survive the postponement, according to managing director Grant Dalton.
A report in the London Times this week suggested a delay would force Team New Zealand to close but Dalton said that was never a prospect.
In a short statement released today, Dalton said his team had planned for the likelihood of the standoff dragging on.
"It was one of many possibilities considered in our planning processes and have made preparations to ensure the team's viability," Dalton said.
"Emirates Team New Zealand is in the fortunate position of having strong support from sponsors and the goodwill of team members who want to remain involved.
"The team will continue to operate as it has since we returned to New Zealand in July."
Dalton said uncertainty wasn't good for the event and hoped details of the next regatta could be resolved as soon as possible.
"We still do not have a firm date and there is the issue of the court case which could affect both venue and date depending on who wins," he said.
"The team will come together once there is some certainty in the dates and the shape of the 33rd America's Cup is clear."
Golden Gate Yacht Club, the home of BMW Oracle Racing, contends that Desafio Espanol's status of official challenger - which allowed it to negotiate the disputed format of the next America's Cup - is illegal.
The Americans want the right to replace the Spanish syndicate and draw up new rules for the next regatta with Alinghi.
Alinghi said that it was looking at pushing the competition back to 2010 or 2011.
"It is very disappointing to all of us at Alinghi that BMW Oracle has chosen ... to continue to hold the event to ransom by means of their court action," Alinghi design team coordinator Grant Simmer said. "We look forward to the end of this uncertainty and to being able to get started with our plans to defend the America's Cup."
Alinghi and BMW Oracle Racing were in negotiations until Friday in hopes of reaching an out-of-court settlement.
"This wasn't something that just fell out of the sky, we were ready for this," America's Cup Management chief executive Michel Hodara said. "Now we have to go back to the drawing board to come up with a new project for the next edition."
Hodara added that organisers and Alinghi made the decision alone, although all challengers had been told of the decision beforehand.
Desafio signed the protocol for the 33rd America's Cup moments after Alinghi crossed the finish line one-second ahead of Emirates Team New Zealand to take the closest America's Cup regatta for 24 years, 5-2 in July.
The American syndicate has been renegotiating the protocol, which called for the first change of boat class since 1992 and changes to the race format, over the past few weeks.
"It seemed like every time something was agreed upon, they would bring a new point to the table for consideration," Hodara said.
Golden Gate doubted Club Nautica Espanol de Vela's validity as a legitimate yacht club since it was created solely as a means to challenge and help keep the competition in Valencia, arguing that the CNEV had never held a regatta as is required in the rules governing the competition.
The court could force Alinghi to sail BMW Oracle Racing in a one-off, best-of-three duel, just like in 1989 when Denis Connors' Stars and Stripes beat Team New Zealand after a court case.
- AP, NZPA