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Rights and Duties of NZ Fishing Crew

Ahoy! New Zealand’s sustainable fishing industry offers a career path with strong legal protections for all crew members, despite not being subject to the Maritime Labour Convention (MLC). Domestic laws comprehensively cover your employment standards, safety at sea, crew entitlements, and much more within NZ waters. Equip yourself with the necessary knowledge about your rights, duties, and other relevant information.

Fishing Crew Member New Zealand

Key Legislation Governing Fishing Crew in New Zealand

Legislation

Scope

Key Provisions
  1. Maritime Transport Act 1994 (MTA)

Maritime regulation covering safety, crewing standards, and vessel operations.

Maritime New Zealand (MNZ) sets the rules for crewing.

The minimum age for seafarers is 16

Employers must provide food, water, and medical care.

Prohibits recruitment fees
  1. Health and Safety at Work Act 2015 (HSWA)

Health and safety across workplaces, including ships.

Duties for employers (PCBU) and workers.

Requires a safe work environment and equipment.

Enforced by MNZ.
  1. Employment Relations Act 2000 (ERA)

Governs employer-employee relations and dispute resolution

Duty of good faith between employer and employee

Written employment agreements

Rights to union membership and collective bargaining
  1. Fisheries Act 1996

Regulates New Zealand’s fisheries and fishing vessel operations

Rules for vessel registration, fishing permits, and catch reporting

Mandate Fisheries Observers

Foreign charter vessels must re-flag to New Zealand.
  1. Immigration Act 2009 / Immigration Instructions

Governs foreign nationals' entry and work rights, including the Foreign Fishing Crew Work Visa

Specific visa conditions for foreign fishing crews

Employer sponsorship required

Prevents the use of standard AEWV for foreign crew
  1. Minimum Wage Act 1983

Establishes minimum wage rates for employees

Minimum wage for employees aged 16+

Applies to domestic and foreign fishing crew
  1. Holidays Act 2003

Specifies entitlements to paid leave (annual, public holidays, sick leave).

4 weeks paid annual leave after 12 months

Seafarers' annual leave governed by the Holidays Act

Other Relevant Acts

  1. Human Rights Act 1993: Prohibits unlawful discrimination in employment on various grounds, ensuring fair treatment for all crew.
  2. Wages Protection Act 1983: Sets out rules for the lawful payment of wages and restricts the types of deductions employers can make.
  3. Crimes Act 1961: Contains provisions prohibiting serious offences such as forced labour, trafficking, slavery, and the exploitation of children, reinforcing fundamental human rights protections.
  4. Accident Compensation Act 2001: Establishes New Zealand's no-fault accident compensation scheme (ACC), providing cover and support for work-related injuries.

NZ Fishing Crew Rights

Nz Fishing Crew Rights

Right Number 1: Fair Employment Conditions

  1. Minimum Wage: Receive at least the New Zealand minimum wage. Foreign crew members are eligible for a higher rate (minimum wage plus NZD$6.00 per hour) and receive guaranteed pay for an average of 42 hours per week.
  2. Regular and Fair Pay: Have wages paid regularly and, for foreign crew, typically into a New Zealand bank account with strictly limited deductions.
  3. Rest and Meal Breaks: Receive minimum rest and meal breaks as mandated by the Employment Relations Act 2000.
  4. Paid Leave: Be entitled to minimum paid leave, including annual holidays (4 weeks after 12 months), public holidays, sick leave, and bereavement leave under the Holidays Act 2003.
  5. Written Employment Agreement: Have a written employment agreement outlining terms and conditions. Foreign crew must receive this in both English and their own language.
  6. Freedom from Discrimination: Freedom from unlawful discrimination (Human Rights Act 1993).
  7. Protection from Exploitation: Protect against forced or child labour.

Right Number 2: Health and Safety

  1. Right to a Safe Workplace: Work in a safe environment where risks (including fatigue) are managed by the employer (PCBU) under the Health and Safety at Work Act 2015 (HSWA).
  2. Safe Equipment and Systems: Be provided with safe equipment, safe work systems, necessary training, and adequate facilities.
  3. Specific Living Standards for Foreign Crew: For foreign crew members, specific standards apply to living conditions, including access to water, food, clean accommodation, individual beds, washing facilities, protective clothing, medical supplies, and a qualified medical officer onboard.
  4. Participation in Safety: Participate in workplace health and safety matters.

Right Number 3: Medical Care and Injury Compensation

  1. Access to Medical Care: Access necessary medical care, including adequate facilities and qualified personnel onboard and treatment ashore (funded by the employer if overseas on NZ ships or via the public system/ACC/other means if in NZ).
  2. Accident Compensation (ACC): Receive ACC cover for accidental injuries sustained within New Zealand territory (generally within 12 nautical miles), which helps with treatment costs, rehabilitation, and potential weekly compensation.

Right Number 4: Representation and Grievances

  1. Freedom of Association: Freedom of association, including the right to join a union like the NZ Fishing Industry Guild (NZFIG) and engage in collective bargaining.
  2. Grievance Procedures: Access various channels to report grievances, including internal processes, the NZFIG, MBIE (Labour Inspectorate, Mediation), the Employment Relations Authority, and potentially arbitration.

Other Rights

Repatriation at the employer's expense under certain circumstances, typically detailed in the employment agreement.

NZ Fishing Crew Duties and Obligations

Nz Fishing Crew Duties And Obligations

Obligation Number 1: Health and Safety

  1. Personal Responsibility for Safety: Take reasonable care for their health and safety and ensure their actions do not harm others.
  2. Compliance with Safety Rules: Comply with the employer's reasonable health and safety instructions and policies.
  3. Hazard Reporting: Identify and report workplace hazards to the skipper or employer.
  4. Fatigue Management (Crew Duty): Manage personal fatigue and report concerns.
  5. Use of Protective Equipment and Drills: Please use the provided personal protective equipment and participate in the safety drills.

Obligation Number 2: Fisheries Compliance

  1. Compliance with Fisheries Law: Comply with the Fisheries Act 1996 and associated regulations.
  2. Accurate Reporting: Ensure accurate and timely reporting of all catch, fishing effort, vessel position, and interactions with non-fish or protected species. Making false statements or omissions is an offence.
  3. Quota Management System (QMS) Rules: Adhere to the Quota Management System's (QMS) rules, including prohibitions on the unauthorised discarding of QMS species.
  4. Fishing Rules: Comply with rules regarding fishing gear, methods, minimum/maximum fish sizes/weights, and area restrictions.
  5. Protection of Protected Species: Use required mitigation devices correctly to protect seabirds, marine mammals, and other protected species, and avoid intentionally harming them.
  6. Cooperation with Observers: Cooperate fully with fisheries observers deployed by the Ministry for Primary Industries.

General Obligations

  1. Adherence to Employment Agreement: Fulfil the duties outlined in their employment agreement.
  2. Duty of Good Faith: Act in good faith towards their employer.
  3. Alcohol Regulations: Adhere to regulations concerning alcohol consumption at sea.
  4. Visa Restrictions (Foreign Crew): Foreign crew members are permitted to work only for the specific employer named on their visa.

Where Can I Find Comprehensive Information on Crew ETA and Visa Requirements?

The New Zealand Crew ETA webpage holds all the required and necessary information regarding the Crew ETA (Electronic Travel Authority) and other visa requirements for fishing crews. This website is the most reliable and up-to-date source for complete details.

Conclusion: Charting a Course for Fairness and Safety

As you cast your lines in New Zealand's productive waters, remember that your journey is underpinned by a commitment to fairness and safety. This knowledge of your rights and duties is your anchor in navigating the industry's demands. Embrace this understanding to ensure a secure and respectful experience on every voyage.

Uncharted Territory? Charting Your Course with FAQS

  • What happens if I don’t follow safety protocols?

    Non-compliance with safety protocols can result in serious consequences, including fines or legal action.

  • How often should I report safety concerns?

    Report safety concerns immediately and follow up to ensure they are addressed.

  • Can I bring my family with me?

    Your family may join you under specific conditions if you’re on a work visa.

  • What happens if the fishing trip is cut short?

    The terms of your employment agreement should outline what happens if a fishing trip is unexpectedly shortened due to weather, mechanical issues, or other unforeseen circumstances. Such information may include details about pay for the remaining period and arrangements for returning to port.

  • What are the typical seasons or times of year for different types of fishing in New Zealand?

    New Zealand’s fishing seasons and target species vary by region and quota management system. Some fisheries may have specific open and closed seasons. Your employer will provide information relevant to the specific fishing operations you will be involved in.

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