New Zealand captain Stephen Fleming will appear before match referee Hanumant Singh tonight after being charged with misconduct over an incident early in today's day-night VB Series clash against Australia at the Melbourne Cricket Ground.

Fleming was cited over his reaction to the decision of umpires Darrell Hair and Simon Taufel not to originally no-ball the home team after it had breached one-day international playing conditions with a field setting during the 15th over of the match.

Fleming, who went on to score 50 in New Zealand's total of 8/245, was on strike to leg spinner Shane Warne at the time of his alleged misdemeanour. After playing a delivery to long on, the 28-year-old gesticulated angrily with his bat and his right hand at each of the three fieldsmen that Australia had positioned on various points of the ground's boundaries in contravention of international regulations.

Hair ultimately responded by making a no-ball signal to the scorers but Singh took a dim view of Fleming's actions and brought a charge of dissent against him under the International Cricket Council's Code of Conduct.

He faces a possible fine and/or suspension for his actions, though he has no past history of such offences.

The results of the hearing - the fourth involving an international player in Australia this summer following the earlier appearances of Brett Lee, Steve Waugh and Glenn McGrath - will be made public tomorrow.

Fleming's team, which would have guaranteed itself a berth in the finals of the competition with victory, meanwhile slumped to a heartbreaking two wicket defeat.