Ben Stokes has revealed a personal stand-off with the International Cricket Council about over-rate penalties, including his refusal as England captain to sign the relevant post-match paperwork as a protest against the system.

Speaking before the second Test against New Zealand in Wellington, and naming an unchanged England XI as they target an unassailable 2-0 lead, Stokes laid bare his frustrations at the sides being docked three World Test Championship points and 15% of their match fees for the sluggish, albeit four-day, series opener in Christchurch.

Under the ICC rules, Test matches are supposed to be played at a rate of 15 overs an hour, with an extra 30 minutes per day available to make up any shortfall. Both England and New Zealand were deemed to have fallen three overs short of their targets at Hagley Oval as part of a system that Stokes feels does not factor in the conditions.

“The most frustrating thing is it’s an issue depending on where you are in the world and the style of cricket that’s played,” said Stokes, while also pointing out his side won the first Test with a day and a half to spare. “There is never an over-rate issue in Asia because of how much spin is bowled. I think there needs to be some consideration around how over rates differ when it’s a seam-dominant Test match.”

The system was tweaked during the 2023 Ashes – the start of the latest WTC cycle – and Stokes says he voiced concerns at the time. The England captain’s issue is not with the match referees, he said, rather the regulations and the lack of response from ICC to the feedback he passed on. As such, on the three occasions England have been penalised since, Stokes has declined to sign the relevant form.

“I’ve not signed an over-rate sheet since Lord’s in the Ashes,” Stokes said, claiming his frustrations were shared by other teams. “I won’t [sign] until we hear some communication back from the ICC. We’re still waiting for that. But they still take the fines off you anyway.”

The point about conditions is slightly undermined by day one in Christchurch, say, where spinner Shoaib Bashir sent down 20 of the 83 overs that England bowled. Equally, Stokes claimed to “understand” the frustrations of spectators who feel short-changed on such days, insisting it was not deliberate and he would happily play the full 90 overs without a cut-off in countries where the evenings are light.

The broadcasters will likely take a different view here, although the sport is unquestionably slowing down. According to this year’s Wisden, Test bowlers sent down on average 20 overs per hour in the 1940s, slipping to 17.72 in the 1960s, 14.09 in the 2000s, and a rate of 13.64 in this decade.

The previous WTC final at the Oval in 2023 saw India lose 100% of their match fees and champions Australia 80%, yet teams continue to labour. There has been action in white-ball cricket: since the start of this year’s T20 World Cup, and following a trial, a “stop clock” gives fielding teams 60 seconds to get ready before the start of each over. After two warnings, a third transgression results in a five-run penalty.

“We’re not purposely being slower,’ Stokes added. “It’s hard to find where you can get the time back when you’re out in the middle. As a captain, I like to change things quite a lot. The field could be completely different [for each] six balls in an over. But that’s not taken into consideration and getting told to just hurry up isn’t going to fix it.”

While England’s chances of making the next WTC final have long since been derailed by fluctuating results and past points deductions for slow over-rates, New Zealand came into this three-Test series with scope to make it after their historic 3-0 win in India. These have since become slimmer, although one of their stars in India, the spinner Mitch Santner, has re-joined their squad and could feature in Wellington.

England have seen no reason to change, with Ollie Pope to keep wicket and bat at No 6 once more despite the arrival of Durham’s Ollie Robinson as more regular gloveman. It means Jacob Bethell stays at No 3, with England also announcing on Wednesday that the 21-year-old has been awarded a two-year central contract. There are also one-year extensions for Jofra Archer, Brydon Carse and Matthew Potts that run to 2026.

Stokes said he expects Pope to be back at No 3 when wicketkeeper Jamie Smith returns from paternity leave. And Pope, three Test centuries this year, also could be forgiven for wondering why his suitability for the role attracts so much scrutiny given Zak Crawley’s form at opener. Scores of none and one last week made it 23 innings since his last Test century – Old Trafford in 2023 – while an average of 9.88 from nine Tests against New Zealand points to a stranglehold for Matt Henry and Tim Southee.

The return to the Basin Reserve comes less than two years after an epic day-five thriller that saw New Zealand claim just the second ever one-run victory in Test history. Stokes joked about the wide that was not given before Jimmy Anderson was the last wicket to fall – “it was a New Zealand umpire at square leg, wasn’t it?” he said, in reference to Chris Gaffeney – but his memories of the match were still golden.

Or recent Neil Wagner interview about that day: “The crowd was getting so involved and even though we were the losing side, it was about taking it all in,” said Stokes, who became just the fourth captain in history to lose after asking a team to follow-on. “To be involved in a game like that was pretty special.”

Would he enforce the follow-on should the option arise this week? “It would be easier without [Stuart] Broad and Anderson. It was a decision about ‘what would sum the team up and what I am trying to do?’ I don’t regret doing it. It would be nice to be in that situation and scratching my head again. We will see.”

Though a thriller, it cost England what would have been a first Test series victory in New Zealand since 2008. Leading 1-0 this on this tour with two to play, England have the chance to end his particular drought even before the finale in Hamilton next week.