Concussion case at High Court in London

Central Districts stalwart Greg Hay could be the answer to a sports quiz question one day. Who’s the only batter in New Zealand domestic history to have averaged over 40 in both first-class and List A cricket and not played for the Black Caps?

Unlucky, hard done by, shunned, Hay, who is still playing for the Stags at the age of 39, has heard them all. But he is far from bitter, grateful to be playing his 14th summer of domestic cricket and doing what he loves.

“It doesn’t annoy me at all now. It might have done when I was younger. I’m totally at peace with it,” Hay says of never cracking the Black Caps.

“You never know how you’d go at the top level. It would be awesome to represent your country, but it’s more for me that challenge of trying to get better and challenging yourself to get better each day and it’s a helluva hard game.”

Hay, who has been Central’s four-day Plunket Shield captain since 2018-19, joined an exclusive club in their match against Canterbury in November. He became just the second player to appear in 100 first-class matches for CD, joining Mathew Sinclair, and the 22nd player to reach 100 first-class matches for a single team in New Zealand domestic cricket.

It’s an achievement Hay never thought was possible after drifting away from domestic cricket for four seasons from 2009-13. At that time, Hay often wondered if he’d force his way back, or if club cricket was his lot.

Hay made quite the arrival in November 2006, hitting 98 in his debut innings at first-class level against Wellington.

Tailender Lance Hamilton, now Central Districts’ chief executive, was the last wicket to fall, feathering through to wicketkeeper Chris Nevin off Mark Gillespie, denying Hay a ton on debut – something he’s quick to remind him of.

Then a middle order batter, Hay scored heavily in his first two Plunket Shield seasons, hitting 593 runs at 45.61 in 200607 and 591 at 53.72 in 07-08.

There were calls for higher honours with Hay’s name touted for New Zealand’s three test tour of England in 2008. He missed selection, but was named in the New Zealand A squad.

A season later, Hay struggled for runs and vanished off the scene.

Then CD coach, former England international Dermot Reeve, “obviously didn’t rate my game and we didn’t get on that well” and Hay wasn’t retained.

During his four-year domestic hiatus, Hay played half a season for Fremantle in Perth club cricket.

He returned to New Zealand and spent a season with Suburbs New Lynn in Auckland, but didn’t make the Aces. A proud Nelsonian, he worked on the ground staff at Saxton Oval, “rolling the wickets for the lads”, also playing Hawke Cup for Nelson and with CD A.

The appointment of a new Central coach, South African Heinrich Malan, in 2013 proved a career-defining moment for Hay, who was recalled to the Stags.

“It certainly looked like I wasn’t going to get a look-in again. I was still averaging over 40 in first-class cricket and List A cricket and it was pretty frustrating at times, but I just had that drive to stick at it.

“If you look at the ages, I didn’t play between the ages of 25 and 29, which is sort of your prime years as a batsman. I still thought I had a lot to offer and stuck at it and luckily I got the opportunity.”

Hay’s career has been a story of two halves.

Returning for the 2013-14 summer, he quickly regained his red ball run-scoring ways as a top order batter. His most impressive run came over a three-season stint between 2017-20, where he was

among the top three Plunket Shield runscorers in every campaign.

The New Zealand selectors began to take notice. While a Black Caps test callup was unlikely with Tom Latham, Kane Williamson and Ross Taylor all cemented in the top four, Hay was picked in a New Zealand XI for a two-day match against touring England in March 2018.

Facing James Anderson, Stuart Broad, Chris Woakes and Moeen Ali, he scored 23 and 1 in the match. “It was fun to face those guys. It was an indication I was sort of on the radar, but I always knew age was probably a little bit against me.”

Mostly a red ball batter throughout his career, Hay could be considered the most unlucky domestic cricketer not to play for New Zealand, at least statistically.

Hay (41.30), CD team-mate Tom Bruce (49.85) and Northern Districts’ Bharat

Popli (40.12) are the only three batters in New Zealand domestic history, averaging over 40 in first-class matches, not to play a test.

Averaging above 40 in first-class and List A cricket (40.33 from 32 matches) domestically for his career, Hay is in unique company.

“I’ve sort of heard it bandied around if that topic ever comes up, who has the best record that hasn’t played [for New Zealand]. It does come up, but it’s just one of those things.”

Central CEO Hamilton describes Hay as a Stags legend and says his impact on the association went well beyond his on-field contributions.

“His work ethic is the thing that sticks out. There’s no-one that prepares more meticulously than Haysy. He’s a great example.” Hay, who has degrees in finance and philosophy, has been lucky enough to be a fulltime cricketer for most of his working life, playing through the off-season.

Hay hasn’t put any end date on his Stags career, wanting to keep going while he was free of injury, scoring runs and still enjoying it. He has won three Plunket Shields (17-18, 18-19, and 22-23, the last two as captain), and a T20 title in 07-08, his second season.

So, what keeps him going?

“It’s finding those ways to try and get better is the challenge and probably what I enjoy the most about the game. “I wouldn’t say it annoys me [never playing for New Zealand]. It’s just part of the journey I’ve been on and it’s been pretty special having the baggy green cap on for CD.

“That’s what I’ll cherish the most when I finish up.”

Landmark concussion litigation brought against World Rugby, the RFU and the Wales Rugby Union will reach the High Court in London today, marking a pivotal moment for the sport.

Former All Blacks prop Carl Hayman, who has been diagnosed with early-onset dementia and probable chronic traumatic encephalopathy (CTE), is part of the claim, while lawyer Richard Boardman told Stuff that “a handful” of other New Zealanders are also involved.

The claimants will apply for a group litigation order, and for anonymity – for those who haven’t already gone public and might be involved in future litigation.

If they win the right for the claims to go forward as a group litigation order, it will expand the size of the litigation exponentially, and increase the potential damages that World Rugby, the RFU and the WRU would have to pay.

Lawyers for the claimants want to use 45 brain injury cases to be representative of a much bigger claim involving 295 players.

Lawyers for the claimants, Rylands Garth, say group litigation orders “are commonly associated with industrial disease claims such as respiratory problems for coal miners”.

If they are not successful in this application, claims would have to proceed as several hundred individual cases.

“Over 35 former players in these concussion actions have now spoken out publicly about their brain injuries, which we state were caused by playing contact sport, including Ryan Jones, Bobbie Goulding, Steve Thompson, Alix Popham, Dan Scarbrough, Carl Hayman, Neil Clark, Jason Hobson, as well as John Stiles, the son of 1966 World Cup winner Nobby Stiles,” Rylands Garth said in a statement.

“The players we represent love the

Tucker’s call came after he decided he could see the ball touching the ground when he went frame-by-frame through Nicholls’ catch: “The ball is on the ground in that frame there”.

The point of contact was obscured by the shadow Nicholls’ body cast on the ground, making it hard to draw a conclusive judgement.

Bangladesh ultimately lost their sixth wicket two overs later, when Patel trapped Mushfiqur Rahim LBW for 67 to leave the hosts 278-6, leading by 271.

They were eventually dismissed for 338 in the second session, with Mehidy going on to make an unbeaten 50.

That left the Black Caps a chase of 332 in just over a day and a half to win.

The Black Caps have only chased down more than 300 to win a test on two occasions – when they made 317 in Bangladesh in 2008 and 324 against Pakistan in Christchurch in 1994.

For full coverage of the fourth day of the first test, go to stuff.co.nz games they played.

“We aim to challenge the current perceptions of the sports governing bodies, to reach a point where they accept the connection between repetitive blows to the head and permanent neurological injury and to take steps to protect players and support those who are injured.”

The claimants allege that rugby authorities were “negligent in failing to take reasonable action in order to protect players from permanent injury caused by repetitive concussive and sub-concussive blows”.

In a statement provided to The Guardian, World Rugby, the RFU and the WRU said: “We remain saddened to hear the stories of former players who are struggling.

“Despite court orders to do so, the players’ lawyers have yet to provide full details of the claims being made against us.

“Therefore we cannot comment on the ongoing legal action, nor reach out to the players directly. We would want players involved to know that we listen, we care and continue to champion player welfare as the sport’s No 1 priority.”

Dr Simon Connell, an expert in contract law and in compensation in the Faculty of Law at the University of Otago, told Stuff in 2020 that the ACC ‘no-fault’ system worked as “a shield” for NZ Rugby in terms of financial claims.