NSW got out of jail only to be incarcerated again at the death, the Waratahs suffering a dramatic 20-17 Super 14 rugby loss to the Chiefs in Hamilton.

Down 17-0 early in the second half, the Waratahs fought back to level the match at 17-17 with four minutes to go.

However, a costly kick out on the full by replacement back Sam Harris gave the Chiefs field position and eventually an offside penalty which was coolly converted by five eighth Stephen Donald with a minute to go.

It was the Waratahs' fourth loss in five Super matches in Hamilton and their third in a row there under coach Ewen McKenzie.

Both teams scored three tries, with the Chiefs enjoying the breeze at their backs in the first half and the Waratahs benefiting likewise in the second.

The bonus point for the narrow loss gives the Waratahs five points from their first two games but they were left to lament some missed opportunities.

Down 17-5 with eight minutes left, NSW poured on two quick tries through an intercept by Harris and a powerful effort from winger Lote Tuqiri.

Five eighth Kurtley Beale converted the first, but missed the second, which would have put the Waratahs ahead for the only time in the match.

In the first half, the Chiefs scored first when flanker Liam Messama charged over the line after the home side opted for a lineout rather than a kick from a full penalty.

NSW had their share of chances, but skipper and flanker Phil Waugh knocked on close to the Chiefs line and Tuqiri was ruled in touch when replays suggested he was still in play, with fullback Lachie Turner heading towards the Chiefs line.

Another decision went against the Waratahs a few minutes later, when All Blacks winger Sitiveni Sivivatu stepped his way through the defence from 40m.

Replays suggested he didn't ground the ball in a tackle from Waratahs flanker Rocky Elsom, but South African referee Marius Jonker awarded a try without referring the incident to the television match official.

It left the Waratahs down 12-0 at the break.

The Chiefs quickly stretched their lead by another five points when centre Richard Kahui crashed through the attempted tackles of halfback Brett Sheehan, Tuqiri and Turner, but he promptly left the field with an injury.

Centre Ben Jacobs sparked the NSW revival when he surged through the middle of the field unchallenged after the Chiefs were deceived by decoy runners.

However, Jacobs bombed two other try scoring opportunities in the following five minutes, knocking on a pass from Beale and then throwing a poor pass behind winger Timana Tahu.

"We put ourselves in a position to win the game there at the end, with a strong win behind us in the second half," Waugh said in his post-match television interview.

"We just didn't put in the finishing touches."

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