America’s Cup: Team New Zealand hits back at ‘unreasonable’ Challengers – and releases draft Protocol
Biting back against charges of a lack of transparency, Team New Zealand has taken the unprecedented step of releasing the Protocol draft - we take a look at some of the key changes (including stored power, women’s crew positions, and much more)
America’s Cup defenders Team New Zealand have returned fire in the America’s Cup war of words – by unveiling the draft Protocol.
The battle was initiated in public this afternoon with statements issued by both the Challenger of Record Athena Racing and American Magic, who accused the defender of a lack of transparency.
A statement issued from Emirates Team New Zealand read: “The Defender has been working closely and positively with all teams on moving the America’s Cup to a new collaborative Partnership and structure to strengthen the future of the America’s Cup for the benefit of the event and all current and future teams.”
It continues regarding the Protocol: “In an unprecedented move, the Defender in conjunction with the Challenger of Record has been working with all teams on the development of the Protocol for the 38th America’s Cup over the past few months. This has resulted in the current Protocol incorporating many ideas and positions of the teams. As a result of the significant teams input the completion of the Protocol has been prolonged.
“The latest version of the Protocol went back to the Challenger of Record Athena Racing, 10 days ago, prior to the announcement of Naples. The Defender has not had any feedback back from the Challenger of Record on the latest version other than acknowledgement it had been well received by the teams.”
Grant Dalton of Emirates Team New Zealand has been holding onto the America’s Cup since Bermuda 2017. Photo: ACE
Protocol draft released
In what can only be described as a ‘hold my beer’ move, ENTZ continued: “However, the Defender now feels due to the unreasonable allegations that have been levelled at it by Athena Racing and American Magic, that it is appropriate to publicly release the latest draft version of the 38th America’s Cup Protocol today as an illustration of complete transparency.”
If the aim of Athena Racing and American Magic’s statement was to flush Protocol discussions into the open, it has certainly achieved that. That Protocol is now available for all to see here
New Cup organisation?
One of the most striking elements in the Protocol draft includes the previously leaked idea of a new structure behind the America’s Cup organisation. It reads:
“The Defender, COR and other prospective AC38 Competitors have reached agreement for the establishment of a partnership of founding teams (“Founding Teams”) to be responsible for the management of AC38 and future cycles of the America’s Cup (“AC Partnership” or “ACP”). It is agreed that ACP or its designated entity will be appointed as the Event Authority for AC38 and commence operation as soon as practicable after 30 June 2025.
“ACP shall be bound by all pre-existing commitments in respect of AC38 matters which are contracted or otherwise agreed by ACE in the course of negotiation prior to ACP’s commencement of operation.”
Some of the sweeping responsibilities of the ACP are listed, including management of timing and format, commercial and media rights and ‘endeavouring to raise funds, to meet its costs of AC38.’
There are also structural changes proposed to how the Challenger of Record can be selected: “If the Challenger of Record withdraws its challenge, then the Defender shall promptly appoint one of the other remaining Challengers as the new Challenger of Record, such appointment to be at the sole discretion of the Defender.”
And a deeply complicated clause which bonds competitors to agree to using the AC75 class for AC39, or risk forfeiting $20 million (yes, that’s USD20m).
INEOS Britannia battling it out with Emirates Team New Zealand off Barcelona during Race 7 of the 37th America’s Cup. ETNZ went on to win the Cup 7-2. Photo: Ricardo Pinto/America’s Cup
Six crew, 1 woman, no cyclors
Other big changes drafted include a requirement under the AC75 rule that boats will have six crew members, including one youth (under 25) and one female.
The Protocol continues: “Manual power input will not be permitted, except in steering, and the AC75 Class Rule will allow power equivalent to that generated by four cyclors to be supplied to control sail functions with a supplied battery-powered system.
“It is envisaged that this supplied power system will mimic the capability of human cyclors in terms of average power output, peak power, fatigue, and other relevant data enabling crews to determine how best to use the power available during a race. Sailing data from AC37 will be used to quantify such power requirement.”
The Protocol notes that the above two points “have been included in response to COR feedback for the purposes of further discussion only, not yet agreed to by the Defender”.
Guest slots will also be created onboard.
The AC75s will have just six crew under the draft Protocol proposal. Photo: LUNA ROSSA PRADA PIRELLI TEAM
Key dates for 38th America’s Cup
Other key dates in the draft Protocol include the rule that nobody can sail an AC75 until 15 January 2026.
The intention is to run up to three Initial Preliminary Regattas during 2026 and one possibly in early 2027, with a final Preliminary Regatta at the Match Venue.
These Preliminary events will be raced in AC40s in 2026 (with each Competitor able to enter two AC40s). In 2027 the Preliminary Regattas will be raced in AC75s ‘competing in the same AC75 Yacht hull in which Competitors shall compete during the Challenger Selection Series (CSS) and the Match’.
The Defender will again be eligible to compete in the early stage of the challenger series, but not the Semi-Final or Final.
The women’s and youth America’s Cups are also to return.
Crew rules for AC38
The rumoured ‘Burling clause’ is included, and reads: “up to two non-nationals may participate as crew on a Competitor’s yacht in a race in the AC38 Events, provided such non-nationals did not participate as crew in any races of the following AC37 Events – the AC37 Final Preliminary Regatta, the Challenger Selection Series or the AC37 Match.”
The nationality rule can also be waived, on agreement by the Defender and Challenger of Record, “for a particular crew member who they are satisfied was unable to fully comply with those requirements only due to circumstances outside his/her control such as the COVID 19 pandemic”.
Peter Burling has left Emirates Team New Zealand, but under the draft Protocol would not be able to move to another team.
The 75-page draft Protocol document also lists many, many other rules and changes, such as country of build, the recon system, and so on, plus intellectual property and media rights (a likely significant area of change with the formation of the ACP)
Perhaps key to Naples, it notes that “the TWS range referred to is between 6.5 knots and 23 knots.”
And, perhaps key to some skippers more than others, there’s a ‘profanity’ clause in case any non-PC language is caught on the live broadcast.
However, this Protocol document is still a draft, that has not been signed off with full agreement, and there are likely to be changes still to be made and details thrashed out further.
Venue transparency
ETNZ’s statement concluded by disputing the claim in the Athena Racing statement that the host venue of Naples had been signed without due transparency. It reads:
“It is the responsibility of the Defender and has been an obligation of an agreement with the Challenger of Record, to secure the Host Venue by June 19th 2025 so all teams have clarity on one of the most important foundations of any America’s Cup.
“Ahead of time, the teams now have that knowledge and understanding with the exciting announcement of Naples, Italy in 2027.
It was recently announced that the Cup is headed to Naples, Italy for AC38.
“In contrast to the statement by Athena Racing, all teams have already been offered full access and transparency to the Host Venue Agreement (HVA), which was signed just last week, upon their signing of a Non-Disclosure Agreement (NDA). Such a requirement is standard practice in any contract that contains commercial sensitivities.”
“The Defender is yet to receive the returned NDA’s from Athena Racing as Challenger of Record.”
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