youre correct in that it does not say that head first is the determining factor and I apologize for that.
"48.1 Illegal Check to the Head A hit resulting in contact with an opponent's head where the head is targeted and the principal point of contact is not permitted. However, in determining whether such a hit should have been permitted, the circumstances of the hit, including whether the opponent put himself in a vulnerable position immediately prior to or simultaneously with the hit or the head contact on an otherwise legal body check was avoidable, can be considered"
That said I guess it leaves it open for interpretation on each individual hit.
Fraser's take which is hard to brush aside as easy as all the posters on this board:
"Rule 48.1 (i) (ii) (iii) provides lots of 'reasons' to determine whether contact with an opponent's head was avoidable. Practically all of these allowances place considerable onus on the recipient/victim of the hit. From (iii) Alexandre Burrows did not "materially change the position of his body or head immediately prior to or simultaneously with the hit in a way that significantly contributed to the head contact." The material change in position came from Nino Niederreiter. If the rule verbiage doesn't qualify hits of this nature as a "head pick," at the very least it needs to be acknowledged that significant contact resulted from an illegal hit to the head in an ongoing effort to hold players accountable."
I guess what is frustrating is people arguing that this hit was legal and attacking those opposed when this is obvioulsy a matter of interpretation which may be valid just as those arguing the opposite are just as valid. The fact that the majority if not all of the rule interpretations have gone agains Vancouver the last 3-4 years probably adds to this frustration.