Was meaning to come back and say it was a me error, basically I was using my own crafted Ubuntu 22.04 template, when I did the cloud image download and reimport fresh this was used and worked for a few 3 node clusters (both K3s and RKE2)
I did find some issues with the vSphere CSI and dynamic provisioning but I guess I may have to manually deploy this vs using Rancher to deploy as it might be a support thing.