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New Zealand gets tough on working conditions for crews on board foreign chartered fishing vessels

Legislation follows serious allegations of mistreatment of crew on foreign chartered vessels operating in New Zealand waters

A fisheries amendment bill that has passed its second reading in Parliament sets that fishing companies can use foreign charter vessels only if they are flying the New Zealand flag and obey New Zealand laws. The legislation came from a ministerial inquiry led by minister Paul Swain, following serious allegations of mistreatment of crew on foreign chartered vessels.

 On announcing the fact that the bill passed the second legislative stage, Minister for Primary Industries, Nathan Guy, stressed the new act is necessary to ensure the highest health level as well as sanitary requirements on board the vessels operating in New Zealand's waters.

Nevertheless, the Maori Affairs Minister, Pita Sharples, warns the Government will drive iwi fishing operators out of business by banning them from using foreign boats with low-wage crews.

Although the aim of the bill is to ensure the crews of foreign charter vessels are covered by local employment law and that New Zealand maintains its reputation as a responsible and sustainable fishing nation, Sharples believes that it will put some iwi companies out of business, as they will need time to change their situation.

The new regulations would enter into force in 2016 and initially, iwi firms would have time until 2020 to adopt them. Now the NZ Government has eliminated that extension.

Minister Guy stressed the Primary Production Committee, chaired by Shane Ardern, proposed four exemptions to reflagging: exemptions for migratory tuna species; exemptions for certain vessel operators holding ACE derived from the Settlement Quota; exemptions for vessels used for fisheries related research approved by the MPI Chief Executive; and exemptions for exceptional circumstances.

Besides, he mentioned other changes made to the bill include vessel registration consent and new vessel registration suspension powers will now only apply to foreign charter vessels, not New Zealand-owned vessels.

The bill is also being amended to allow independent review of the Chief Executive’s powers to suspend vessel registration suspension, which addresses concerns about impacts on natural justice.
For his part, Associate Primary Industries Minister Jo Goodhew remarks an exemption in the current bill for foreign boats fishing for iwi quota will be removed.

“Our aim is to send a clear message that all vessels operating in New Zealand waters must fully meet New Zealand employment, vessel safety and fisheries laws. This iwi-specific exemption would risk continued lobbying to overturn the overarching policy,” he explained.

But, Labour deputy Shane Jones considers the fishing industry has been “unfairly stigmatised”, and that part of the problem is the lack of New Zealanders in those jobs.

“If we're going to pick on the fishing industry, then I'm very keen to apply that to the dairy industry, to the horticultural industry, to the freezing works industry - who are very quick to complain to politicians that they can't find Kiwis to do the mahi.”

However, the Government says it is serious about protecting the welfare of fishing crews and New Zealand's reputation and the iwi exemption will be removed when the bill comes back before the House for its committee stages. (FIS).