All the mark/gate stuff is all mute, though - because, as you said, this was a simple port starboard situation. I think NZ couldn't make up their mind to try and push Artemis but when they realized they couldn't get there, they were unprepared for the gybe and basically pulled off a bit of a soccer style flop and got the penalty call. It's really hard to tell from the moving helicopter footage whether or not NZL could actually get to Artemis or not. I saw a brief angle from Artemis' tail camera that was focused on NZ and it really didn't look like NZ could get there to force Artemis off their spot.

one thing for sure, though, Artemis could have rounded even wider and saved themselves from the call. They still needed to go through the gate (see my notes above) but they could have dropped even lower and made that much less close.