Maritime Labour Convention, 2006 (MLC, 2006) - New Zealand (Ratification: 2016)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of BusinessNZ, received with the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for New Zealand on 18 January 2017, 8 January 2019, and 26 December 2020 respectively. Based on its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers' Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. The Committee notes that it did not have the opportunity to examine the application of the MLC, 2006 by New Zealand during the peak of the pandemic. Noting with deep concern the impact that the COVID-19 pandemic had on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted in order to guarantee full compliance with the MLC, 2006.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. Noting the Government’s indication that the competent authority (Maritime New Zealand, hereinafter Maritime NZ) is clarifying the status of certain categories of persons on board ships (for example, the National Institute of Water and Atmospheric Research staff (NIWA)) as well as of scientists working on board New Zealand’s research vessels, theCommittee requested the Government to provide information with respect to any national determination in this regard.The Committee notes the Government’s indication that Maritime NZ has determined that all crew on NIWA vessels are considered seafarers under the Maritime Transport Act 1994. The Government further indicates that Maritime NZ has not determined any category of persons to be excluded from the definition of seafarer under the MLC or domestic legislation, as provided for in Article II, paragraph 3. The Committee notes however that BusinessNZ indicates that, while it is not aware of the New Zealand Government’s decision on whether scientific personnel aboard a research vessel are regarded as seafarers, it observes that the University National Oceanographic Laboratory System, 10th edition, 2015 does not consider that crew on NIWA vessels are seafarers (3.3.4 Personnel). The Committee requests the Government to provide information in relation to the observations made by BusinessNZ and clarify whether scientists working on board NZ research vessels are considered as seafarers.

Articles II and VI, paragraphs 3 and 4. Definition of seafarers and substantial equivalence. Cadets. The Committee previously requested the Government to provide information on the measures adopted to ensure that cadets on New-Zealand flagged ships benefit from a protection that is substantially equivalent to the one afforded by the Convention. The Committee notes the Government’s indication that cadets on New-Zealand-flagged ships are considered seafarers for the purposes of the MLC, 2006 and are therefore subject to its requirements. The Government indicates that while cadets may not be required to have a Seafarer Employment Agreement (SEA) as they are not in paid employment, the placement of cadets on ships is however usually arranged between the training provider and the shipowner. The Committee notes that Maritime NZ requires (1) a written agreement between the cadet and the training provider that provides for protection of living and working conditions; and (2) a written agreement between the shipowner and the training provider that provides for the cadet’s welfare, and sets out their training and responsibilities while on the ship. The agreement should be specific to the individual cadet. A copy of the agreements must be held on board and the cadet must hold a copy of their own agreement with the training provider. The Committee further notes that the agreements should reflect the shipowner’s obligation to ensure that minimum standards of the MLC, 2006 are met, in respect of minimum age, medical certification, hours of work or rest, accommodation, on-board recreational facilities, food and catering, health and safety and accident prevention, on-board complaints procedures, financial security for repatriation and financial security related to shipowner’s liability. Compliance with the above requirements is also checked during Flag State Inspections and ISM Code audits. The Government also indicates that for ships where cadets are engaged, the DMLC Part I issued by Maritime NZ will note that New Zealand considers that the above provisions in respect of cadets constitute a “substantial equivalence” to the requirements of the Convention. Maritime NZ will require evidence of cadet placement agreements prior to issuing the DMLC Part I for ships that take on cadets. While observing that section 5.2 of Guidance on the implementation of the Maritime Labour Convention, 2006 in New Zealand provides that cadets may not have provisions on holidays applied to them as they may not be in paid employment, the Committee however notes that agreements with respect to cadets should nonetheless cover termination and repatriation. The Committee notes that BusinessNZ indicates that throughout the ratification process the New Zealand government, supported by the NZCTU and BusinessNZ, worked with shipowners and seafarers to ensure that current industry practice, including in relation to cadets, reflects the Convention’s minimum standards. The Committee takes note of this information and requests the Government to provide information on the measures adopted to ensure protection for cadets substantially equivalent to the requirements of Regulation 2.4. and Standard A2.4.

Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. Noting that Maritime Rules Parts 51 and 52 only apply to New Zealand ships over 200 gross tonnage operating outside the inshore limits, the Committee previously requested the Government to indicate if ships of less than 200 gross tonnage are registered under the national flag and to amend its laws and regulations to ensure that such ships are covered by the Convention.The Committee notes the Government’s indication that section 6 of the Ship Registration Act 1992 requires the registration of all New-Zealand-owned ships exceeding 24 metres register length except pleasure vessels, vessels used solely in river and lakes, and coastal barged. Vessels of 24 metres or less in length are entitled, but not required, to be registered, unless they proceed on an overseas voyage. The Government further indicates that the application of Maritime Rules Parts 51 and 52 only to ships of 200 gross tonnage or more reflected that operating limits assigned to ships of less than 200 gross tonnage typically do not extend beyond inshore waters as defined by Maritime Rules Part 20 (territorial sea). The Government however indicates that a small number of such ships operate beyond what, under Article II, paragraph 1(i), may be considered inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply. The Committee notes the Government’s indication that it will consider how Maritime Rules Parts 51 and 52 might be amended to ensure that the rules apply to all ships that are subject to the Convention. The Committee also notes BusinessNZ’s indication that New Zealand commercial ships of 200 gross tonnage or more on domestic voyages that proceed beyond restricted limits are required to comply with the Convention but do not have to hold a Convention certificate. For ships of less than 200 gross tonnage operating only in domestic waters it has been determined that Convention compliance is neither reasonable nor practicable. The Committee recalls that ships navigating in domestic waters other than “inland waters or waters within, or closely adjacent to, sheltered waters or waters where port regulations apply” fall within the scope of application of the Convention. It also recalls that Article II, paragraph 6, provides flexibility with respect only to the application of “certain details of the Code”, that is Standard and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements (determination of competent authority in consultation with shipowners’ and seafarers’ organizations; subject matter dealt with differently by national legislation, collective agreements or other measures). The Committee considers that the phrase “certain details of the Code” implies a contrario sensu that a Member is not entitled to determine that a Standard of the Convention, almost in its entirety, is not applicable to ships of less than 200 gross tonnage. The Committee requests the Government to indicate the measures taken to guarantee that the provisions of the Convention are implemented with regard to all ships covered by the Convention and to provide information on any developments in this regard.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee previously noted that section 26(4) of the Maritime Transport Act 1994 is not in conformity with the requirement of the Convention as it allows for possible exceptions to the employment of a person under the age of 16 to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director of Maritime NZ. The Committee notes the Government’s indication that it will consider whether amending the Maritime Transport Act 1994 would better implement the requirements of Standard A1.1, paragraph 1 and that this process will involve consultation with relevant seafarers’ and shipowners’ organizations. The Committee notes that BusinessNZ indicates that the Director of Maritime NZ may permit an exception enabling someone under the school leaving age to work on board a ship only where this was considered in the young person's best interests. Recalling that no person below the minimum age shall be employed or engaged or work on board a ship, the Committee requests the Government to adopt without delay the necessary measures to ensure full conformity with Standard A1.1, paragraph 1 and to indicate the progress made in this regard.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee previously requested the Government to take the necessary measures to bring its legislation into conformity with this provision of the Convention by ensuring that admission to hazardous work for seafarers is prohibited under the age of 18 years. It also requested the Government to take the necessary measures to determine, after consultation with the shipowners’ and seafarers’ organizations concerned, the types of work which is likely to jeopardize the health or safety of seafarers under 18 years and is therefore prohibited for these persons. The Committee notes the Government’s indication that it is contemplating whether amending the Maritime Transport Act 1994, or Part 52 of the Maritime Rules, could better implement the requirements of Standard A1.1, paragraph 4 and that such process will involve consultation with relevant seafarers’ and shipowners organizations. The Government also indicates that some changes in relation to youth in hazardous work (and so age thresholds for the ability to engage in potentially hazardous work) are currently under consideration by the Government as part of a review of health and safety regulation. The Committee requests the Government to adopt the necessary measures without delay to implement Standard A1.1, paragraph 4, and to provide information on any development in this regard.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, in response to its previous request on this issue, the Government states that New Zealand does not currently collect statistical data regarding the number of seafarers hired through placement agencies and that the Ministry of Transport and Maritime NZ are currently considering amendments to the Maritime Transport Act 1994 that would enable the making of Maritime Rules to fully implement Standard A1.4. In light of this information, the Committee requests the Government to adopt without delay the necessary measures to give effect to Regulation 1.4 and the Code and to provide information on any developments in this regard.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. Noting that the provisions of the Maritime Transport Act, 1994, and of the Employment Relations Act, 2000 are not clear as to who is the responsible party for seafarers’ living and working conditions as they refer to the employer, the Committee requested the Government to clarify who are the parties to the seafarers’ employment agreement and to indicate how it ensures that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required underStandard A2.1, paragraph 1. The Committee also requested the Government to indicate how effect is given to the requirement ofStandard A2.1, paragraph 1(a), in the case of masters.The Committee notes the Government’s indication that depending on the management arrangements for the ship, the employer of a seafarer will be either (1) the registered owner of the ship; or (2) where the registered owner of the ship is not responsible for the management of the ship, the charterer or other person, including a manager, agent, or bareboat charterer responsible for the management of the ship. The Government indicates that Maritime Rule 52.121 requires the shipowner to hold a current Maritime Labour Certificate or Interim Labour Certificate, and a current Declaration of Maritime Labour Compliance and that Maritime Rule 52.123 specifies that the applicant for a certificate must sign a declaration that he/she will comply, and ensure compliance, with the requirements set out in Part I of Appendix A5-II of the Convention. The Government indicates that the shipowner is thus responsible for the seafarers’ living and working conditions as specified in Appendix A5-II and the relevant requirements of the MLC despite the employer signing the SEA in cases where the registered owner of the ship is not responsible for the management of the ship. With respect to masters, although section 22(1)(a)(i) of the Maritime Transport Act, 1994 requires employers of seafarers to enter into articles of agreement with every seafarer except the master, the Government indicates that Maritime Rule 52.61 details the requirements for seafarer employment agreements which require that each seafarer working on the ship (including the master who is considered a seafarer) is provided a signed original of their agreement. The Government indicates that it will however consider whether amending the Maritime Transport Act 1994 or Part 52 of the Maritime Rules would better implement the requirements of Standard A2.1, paragraph 1, including in relation to seafarer employment agreements for masters. Recalling that any signatory of the SEA other than a shipowner should produce a signed “power of attorney” or other document showing that he/she is authorized to represent the shipowner, the Committee requests the Government to take the necessary measures to ensure that the employer, in cases where the registered owner of the ship is not responsible for the management of the ship, is authorized to act as a representative of the shipowner when signing the shipping articles and the SEA, as required by Standard A2.1, paragraph 1(a).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Observing that the certificate for sea service, which constitutes the record of employment for seafarers, contains a statement as to the quality of seafarers’ work, the Committee previously requested the Government to revise such document to ensure conformity withStandard A2.1, paragraph 3.The Committee notes the Government’s indication that it will consider whether amending the Maritime Transport Act 1994 and/or the maritime rules would better implement the requirements of Standard A2.1. This process will involve consultation with relevant seafarers’ and shipowners’ organizations. The Government further states that Maritime NZ will also review its Sea Service forms and make any necessary amendments as soon as practicable. The Committee accordingly requests the Government to adopt the necessary measures to give full effect to this requirement of the Convention and to provide information on the progress made in this regard.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. Observing that New Zealand legislation does not impose minimum notice requirements for termination of employment agreements, the Committee previously requested the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, of the Convention, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons” as stated in paragraph 6 of this Standard.Noting the Government’s indication that New Zealand will consider amending the Maritime Transport Act 1994 or Part 52 of the Maritime Rules, the Committee requests the Government to adopt without delay the necessary measures to comply with Standard A2.1, paragraph 5 and to provide information on the progress made in this regard.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. Noting that Standard A2.3, paragraph 2 should not be interpreted as to giving shipowners or masters the choice of regimes, as seemed to be the case according to Maritime Rules Part 52.64(b) and the model form for a table of shipboard working arrangements that was provided by the Government, the Committee requested it to explain how it ensures that the maximum hours of work and minimum hours of rest established are not subject to selective application by shipowners or masters. The Committee notes the Government’s indication that it will consider whether amending Part 52 of the Maritime Rules would better implement Standard A2.3 and consult with relevant seafarers’ and shipowners’ organizations. The Committee requests the Governmentto provide an update on the measures being prepared or already adopted to give effect to the requirements of Standard A2.3, paragraph 2.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours’ standard. Observing that subsection (2) of section 11B of the Minimum Wage Act, 1983, states that the maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week may be fixed at a number greater than 40 if the parties to the agreement agree, the Committee requested the Government to indicate how it ensures that the requirement ofStandard A2.3 that the normal working hours’ standard shall be based on an eight-hour day with one day of rest per week and rest on public holidays is applied. The Committee notes the Government’s indication that it will consider whether amending Part 52 of the Maritime Rules would better implement Standard A2.3 and consult with relevant seafarers’ and shipowners’ organizations. The Committee requests the Government to provide information on any developments in ensuring full conformity with Standard A2.3, paragraph 3 of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee previously noted that the New Zealand Holidays Act 2003, section 16(1), provides that all employees are entitled to a minimum of four weeks’ annual leave on completion of 12 months’ service and also to ten public holidays. Recalling that according to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment and that Guideline B2.4.1 states that public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay should not be counted as part of annual leave with pay, theCommittee requested the Government to take the necessary measures to ensure compliance with the minimum paid annual leave requirement established by the Convention.The Committee notes the Government’s indication that it will investigate whether amending the Maritime Transport Act 1994 or the Maritime Rules would be possible to implement this requirement in consultation with relevant seafarers’ and shipowners’ organizations. In light of this information, the Committee requests the Government to adopt without delay the necessary measures to give full effect to this requirement of the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition of agreements to forgo annual leave. The Committee previously noted that section 28A of the Holidays Act 2003 allows employees to request payment to be made instead of leave being taken for up to one week of leave per year and that such request may be agreed or declined by the employer. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requested the Government to take the necessary measures to ensure compliance with this Standard.The Committee notes the Government’s indicationthat section 28A of the Holiday Act 2003 only allows a maximum of one week of the employee’s annual leave to be paid out in each entitlement year, which can only be done at the employees request in writing. The Government further indicates that if employees choose to exercise their choice to paying out one week’s annual holiday they still retain access to the remaining three weeks of annual holiday for rest and recreation that cannot be traded. There is no obligation for employers to pay out annual holidays in line with this request and an employer may adopt a policy that allows it to not consider any request under section 28A for a proportion of an employees’ annual holidays to be paid out. The Committee recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases provided for by the competent authority, shall be prohibited. The Committee considers that to read this Standard a broad authorization to forgo annual leave for payment, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. In this regard, the Committee emphasizes that the possibility set out under section 28A of the Holiday Act 2003 to authorize one week’s annual leave to be paid out, with no justified ground for such authorization, is not compatible with the Convention. Noting the Government’s indication that it will investigate whether amending Maritime Rules would be possible to implement the requirement of Regulation 2.4 and Standard 2.4, paragraph 3, the Committee requests the Government to indicate the measures taken to ensure that no agreement is authorized to forgo the right to minimum paid annual leave, except in cases envisaged by the competent authority, and on a restrictive basis.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Noting that there are no provisions implementing Regulation 2.4, paragraph 2, according to which seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions, the Committee previously requested the Government to take the necessary measures to give effect to this provision of the Convention.Noting the Government’s indication that it will consider amending its legislation, the Committee requests the Government to keep the Office informed on any development in this respect.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In its previous comment, noting that the legislation contained no reference to the maximum period of service on board a ship following which a seafarer is entitled to repatriation, the Committee requested the Government to indicate the provisions giving effect to Standard A2.5.1, paragraph 2(b). The Committee notes the Government’s indication that it will consider how Maritime Rules Part 52 might be amended to give effect to Standard A2.5.1, paragraph 2(b). Recalling that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous period of shipboard service without leave is 11 months, the Committee accordingly requests the Government to adopt the necessary measures to ensure full compliance with these provisions of the Convention and to provide information on any developments in this regard.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee noted, in its previous comments, that seafarers can be expected to pay for the cost of repatriation in situations not covered by section 22 of the Maritime Transport Act 1994 and Maritime Rules Part 52.65. The Committee requestedthe Government to explain how it ensures that shipowners can recover the cost of repatriation only when seafarers have been found to be in serious default of their obligations, pursuant to the conditions set out inStandard A2.5.1, paragraph 3.The Committee notes the Government’s indication that, because New Zealand ships do not trade internationally and no issues concerning payment of repatriation costs have been recorded in relation to ships that travel overseas for repair or maintenance, no measures have been implemented in relation to recovery of repatriation costs by shipowners. The Government further states that it will consider how Maritime Rules Part 52 might be amended to give effect to Standard A2.5.1, paragraph 3. The Committee therefore requests the Government to clarify what are the circumstances not covered by section 22(1)(c) of the Maritime Transport Actunder which a seafarer may be expected to pay for the cost of his or her repatriation, whether on an international or domestic voyage.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In its previous comments, the Committee requested the Government to provide information on the implementation of Standard A2.5.2 toensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee notes the Government’s indication that the requirement for a ship to carry the certificate specified in Standard A2.5.2, paragraph 7, has not been implemented by Maritime Rules Part 52, hence no model certificate pursuant to Appendix A2-I is specified in the rules. The Government further stated that it will consider how Maritime Rules Part 52 might be amended to give effect to Standard A2.5.2 and Appendix A2-I. In the absence of national provisions regulating the requirement of Standard A2.5.2, to ensure the provisions of a financial security system to assist seafarers in the event of their abandonment, the Committee requests the Government to take without delay the necessary measures to comply with the Convention.

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee previously requested the Government to provide information as to how the relevant requirements in Conventions Nos 92 and 133 apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for New Zealand. The Committee notes the Government’s indication that the detailed requirements of Conventions Nos 92 and 133 are implemented by Maritime Rule 51 Subpart A with respect to ships constructed prior to the entry into force of the MLC, 2006 on 9 March 2017 for New Zealand, while the MLC, 2006 requirements are implemented by Maritime Rule 51 Subpart B with respect to ships constructed from the date New Zealand became a party to the MLC, 2006. The Committee takes note of this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraph 20. Accommodation and recreational facilities. Exemptions for ships of less than 200 gross tonnage. The Committee notes that Maritime Rule 51.1(2)(b) provides that Subpart B implementing the requirements of Standard A3.1 with respect to ships constructed from the date New Zealand became a party to the MLC, does not apply to ships of less than 200 gross tonnage on a domestic voyage. The Committee recalls that exemptions to Standard A3.1 may be allowed, only after consultation with the shipowners’ and seafarers’ organizations, only for ships of less than 200 gross tonnage and for certain requirements of Standard A3.1, i.e. with regard to paragraphs 7(b) (air-conditioning), 11(d) (washbasin with hot and cold running fresh water in sleeping room), 13 (laundry facilities), as well as paragraph 9(f) and (h) to (l) inclusive, with respect to floor areas only. Furthermore, such exemptions must be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. Referring to its comments under Article II of the Convention, the Committee accordingly requeststhe Government to indicate the measures taken to ensure that exemptions are only made where they are expressly permitted in Standard A3.1 and under the requirements set out under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee previously noted that Maritime Rule Part 31.43(1)(c) requires ships of more than 1,000 gross tonnage operating in the unlimited area to carry a cook holding a New Zealand certificate in cookery or an equivalent and that its legislation does not currently apply the threshold of ten or more crew to have a qualified ship’s cook, as required by Standard A3.2, paragraph 5. Noting that the only exceptions allowed by the Convention to carry a fully qualified cook for ships with a prescribed manning of ten or more are circumstances of exceptional necessity (respectively Standard A3.2, paragraphs 5 and 6), the Committee requested the Government to indicate the measures taken or envisaged to ensure compliance with this Standard. The Committee notes the Government’s indication that it will consider amending its legislation to align with the requirements of Standard A3.2, paragraphs 5 and 6. The Committee accordingly requests the Government to adopt the necessary measures to ensure that all ships operating with a prescribed manning of more than ten carry a fully qualified cook, as required by the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. Observing that dental care is not covered by the public health system, the Committee previously requested the Government to indicate the measures envisaged to provide medical care, including essential dental care, at no cost to seafarers working on ships flying the Member’s flag accordance with Regulation 4.1, paragraph 2 and Standard A4.1, paragraph 1. The Committee notes the Government’s indication that New Zealand adult dental care is generally not publicly funded except in the following circumstances: (i) emergency dental treatment is funded by District Health Boards for the relief of pain and treatment of infection for eligible low-income adults with Community Services Cards, with user part-charges; (ii) hospital dental services provide specialist-level oral health care, and dental services for people of all ages with disabilities, medical complications or behavioural problems, or (iii) New Zealand Accident Compensation Corporation (ACC) may cover or partially cover dental treatment if needed because of accident or injury. The Government also indicates that while in New Zealand, if a seafarer is in pain or they need urgent or emergency dental treatment, they can contact a local community-based dentist to arrange an urgent appointment, or present to the nearest hospital emergency department for assessment and advice. The Government further indicates that it will review the Maritime Rules to consider whether amendments are possible to give effect to Regulation 4.1 and Standard A4.1, particularly in the case of seafarers on ships that travel overseas or where seafarers must live on board the ship. The Committee recalls that under Standard A4.1, paragraph 1(d), each Member shall ensure that, to the extent consistent with the Member’s national law and practice, medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided free of charge to seafarers. The Committee requests the Government to take the necessary measures to ensure that this requirement of the Convention is implemented with respect to essential dental care in all cases regarding seafarers on board ships flying the New Zealand flag or landed in a foreign port.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Medicine Chest, medical equipment and medical guide. Noting that Maritime Rules Part 50.17 requires that inspection of the ship’s medical stores shall be at intervals of not more than 18 months, the Committee requested the Government to indicate how it has given due consideration to Guideline B4.1.1, paragraph 4 whichprovides that the medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months. The Committee notes the Government’s indication that Maritime NZ will review Part 50 of the Maritime Rules to consider whether amendments are necessary to give due consideration to Guideline B4.1.1. The Committee requests the Government to keep the Office informed of any development in this respect which would give due consideration to the guidance provided in Guideline B4.1.1.

Regulation 4.1, paragraph 3. Access to on-shore medical facilities for seafarers on board foreign ships. The Committee previously requested the Government to specify the national provisions that ensure that seafarers on board ships voyaging in New Zealand’s waters or visiting its ports are given access to medical facilities on shore when in need of immediate medical care. The Committee notes the Government’s indication that in the case of a need for sudden acute care by visitors/non-citizens, who are not eligible for publicly funded health services, emergency hospital treatment would nonetheless be available, however such services may need to be paid for. The Government further indicates that New Zealand has a universal accident insurance scheme (ACC) that covers treatment costs for accidental injuries, including New-Zealand residents and visitors for acute accident-related hospital treatment, and a wide range of other services approved by ACC. Claims for ongoing treatment must be accepted by ACC, and part charges may apply. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and the Code. Shipowners’ Liability. In the absence of detailed information, the Committee previously requested the Government: (i) to clarify how it gives effect to the requirements of Standard A4.2.1, paragraph 1(b) that shipowners shall provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard; (ii)to specify how it implements Standard A4.2.1, paragraph 1(c) that requires shipowners to be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character; (iii)to provide information on the shipowners’s liability regarding wages where sickness or injury results in incapacity for work, as provided for under Standard A4.2.1, paragraph 3, and(iv)to indicate the eventual limits to the liability of shipowners provided under Standard A4.2.1, paragraphs 2 and 4, of the Convention. The Committee notes that the Government refers mostly to the provisions of the Accident Compensation Act 2001 and to theNew Zealand Accident Compensation Corporation (ACC) which provide for comprehensive, no-fault personal injury cover for all New Zealand residents and visitors to New Zealand. The Committee observes that the shipowner seems to be exempted from the liability to defray the expense of medical care and board and lodging and burial expenses in so far as such liability is assumed by the public authorities through the ACC scheme.Payments for work-related accidents/injuries may commence immediately depending on the situation and claim, otherwise payments should begin after a week. In this case, employers are responsible for payment for the first week. The Committee however observes that this scheme does not provide complete cover for all the situations specified in Standard 4.2.1, and more specifically the costs for seafarers working on ships in respect of sickness. The Committee notes that there is no reference as to how the Government ensures in the case of sickness that:(i) the expense of medical care, including therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character, shall be defrayed as provided for under Standard A4.2.1, paragraph 1(c); and(ii) the payment of full wages as long as the sick or injured seafarers remain on board or until the seafarers have been repatriated in accordance with the Convention, and the payment of wages in whole or in part from the time when the seafarers are repatriated or landed until their recovery or, if earlier, until they are entitled to cash benefits under the legislation of the Member concerned, shall be defrayed as required under Standard 4.2.1, paragraph 3. The Committee accordingly requests the Government to indicate how it gives effect to the requirements of Standard A4.2.1 in respect of sickness.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system assuring compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. In this regard, the Committee takes note of the provisions of the Accident Compensation Act 2001 which establishes a national system of compensation for workers in case of injuries caused by accidents. The Committee however notes that this system does not seem to provide compensation in the event of the death or long-term disability of seafarers due to illness not caused by accident. The Committee requests the Government to adopt the necessary measures to fully comply with the requirements of the Convention as amended in 2014 to provide seafarers with material assistance and support with respect to the financial consequences of sickness occurring while serving under seafarers’ employment agreements or arising from their employment under such agreements and to provide information on any developments in this regard.

Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Seafarers under the age of 18. Observing that the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, gives special attention to workers under the age of 15 and not 18 as required by Standard A4.3, paragraph 2(b), the Committee requested the Government to provide information on measures envisaged to give due consideration toGuideline B4.3.10regarding safety and health education of young seafarers in implementing its responsibilities underStandard A4.3.The Committee notes the Government's indication that it will consider, in consultation with relevant seafarers’ and shipowners’ organizations whether amending the Maritime Transport Act 1994 or Part 52 of the Maritime Rules would better implement this requirement. Referring to its comment under Standard A1.1 according to which no person below the age of 16 shall be employed or engaged or work on ship, the Committee requests the Government to take the necessary measures to ensure compliance with Standard A4.3, paragraph 2(b) requiring that ship’s occupational safety and health policy and programme pay special attention to the safety and health of seafarers under the age of 18.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. Noting that there does not seem to be a requirement in the national provisions for a safety committee to be established on board a ship on which there are five or more seafarers, the Committee requested the Government to provide information on the measures envisaged to give full application toStandard A4.3, paragraph 2(d). The Committee notes the Government’s indication that while the Health and Safety at Work Act enable workers to participate in improving health and safety, the establishment of a ship's safety committee is however not mandatory. Noting the Government’s indication that it will consider amending its legislation, the Committee requests the Government to adopt the necessary measures to give effect to Standard 4.3, paragraph 2(d).

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee previously requested the Government to specify how it gives effect to the requirement of Standard A4.3, paragraph 8 that shipowners conduct risk evaluation in relation to management of occupational safety and health. The Committee notes the Government’s indication that the shipowner of a New-Zealand ship is a person conducting a business or undertaking (PCNU) under the Health and Safety at Work Act 2015 (section 17) and that a New-Zealand-flagged ship is included as a workplace under that Act (section 20). The Government indicates that, as a PCNU, the shipowner has a broad duty to ensure, so far as is reasonably practicable, that the health and safety of workers and other persons is not put at risk from work carried out as part of the conduct of their business on the ship (section 36). Part of their broad duty includes providing and maintaining a work environment that is without risks to health and safety, safe plant and structures, and safe systems of work (among other things) and these obligations provide the legal requirement to conduct risk evaluations for occupational safety and health on board the ship, as their workplace, to determine what hazards and risks exist, and then manage them appropriately. The Government further states that inspections are carried out regularly during Flag State Inspections and audits under the ISM Code to ensure compliance with the relevant international and flag state legislation. This includes engaging with the Master to understand: the ship’s safety management system, and its alignment with the Health and Safety at Work Act 2015; procedures to assess, record, and manage risks; emergency management; worker engagement in health and safety; and incident/accident/near miss reporting, investigation, and analysis. The Committee takes note of this information, which addresses its previous request.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee previously requested the Government to provide information on any measures adopted or envisagedfor providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverageas provided for under Standard A4.5, paragraph 6.The Committee notes the Government’s indication that until 31 August 2021 it provided support to eligible temporary visa holders who could not return home and were experiencing serious financial hardship due to COVID-19. The Committee observes that this Emergency Benefit is no longer available to temporary visa holders in New Zealand. The Committee also notes the observation of BusinessNZ that as from 1 July 2021, maritime levies under the Maritime Transport Act, 1994 may fund seafarer welfare services in compliance with the Convention. The Committee requests the Government to provide information in relation to the observations made by Business NZ, and on any development with respect to measures envisaged or adopted to provide benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. Noting the absence of information on procedures for the settlement of disputes relating to social security, theCommittee requested the Government to indicate what fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established, as required underStandard A4.5, paragraph 9.The Committee notes the Government’s indication that, while no specific social welfare dispute measures for seafarers have been established, the same provisions apply to all eligible recipients of welfare benefits in New Zealand. Decisions made regarding eligibility, levels, application or reduction or ceasing of benefits can be challenged and reviewed via a three-stage review and appeal process available to anyone who applies for assistance from the New Zealand Ministry of Social Development. The first stage is an internal review, which is an administrative process only. If the internal review outcome is not favourable for the client, the decision must go before the Benefits Review Committee, comprised of two Work and Income staff members (who do not form part of the service centre where the original decision was made) and a community representative appointed by the Minister of Social Development. The outcome of these reviews can be appealed to the Social Security Appeal Authority – an independent tribunal within the Ministry of Justice. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. In the absence of reference to the national provisions, the Committee requested the Government to indicate the measures taken to give effect to the requirements that: (i) the competence and independence of recognized organizations shall be reviewed (Standard A5.1.2, paragraph 1); and (ii) that “as a minimum” any authorization granted with respect to inspections shall empower the recognized organizations to require the rectification of deficiencies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State (Standard A5.1.2, paragraph 2).The Committee notes the Government’s indication that section 444 of the Maritime Transport Act 1994 empowers the Director of Maritime NZ to delegate functions and powers to persons outside of the organization, such as Recognized Organizations. Maritime NZ has internal procedures for assessing their applications before an instrument of delegation is issued or renewed. In between renewals, Recognized Organizations are audited. Both of these processes are in line with the RO Code. The Committee notes the Government’s indication that Maritime NZ is currently reviewing its processes for Recognized Organization oversight, and reviewing in particular sections 54 and 55 of the Maritime Transport Act, 1994 to ensure that they sufficiently implement the requirements of Standard A5.1.2. The Committee requests the Government to provide information on any developments in ensuring full conformity with Standard A5.1.2 of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee previously requested the Government to provide one or more examples of an approved DMLC, Part II. The Committee notes that while the Government states that it has submitted two copies of this document along with its second report, the copies were not received by the Office. The Committee therefore reiterates its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Investigating and remedy. Confidentiality of sources of grievances. The Committee previously requested the Government to specify the applicable national provisions giving effect to the requirements underStandard A5.1.4, paragraphs 5, 10 and 11(b).The Committee notes that the Government provides detailed information on this issue, which addresses its previous request.

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee requested the Government to specify the applicable national provisions giving effect to the requirements ofStandard A5.1.4, paragraph 12 that inspectors submit a copy of any inspection report to Maritime NZ and provide the ship with a copy of the report. Noting the Government’s indication that it will consider whether amending the Maritime Rules to implement the requirements of Standard A5.1.4, paragraph 12, the Committee requests the Government to provide information on any developments in this regard.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee previously requested the Government to provide information on the on-board procedures adopted in order to give effect to the requirements ofStandard A5.1.5.The Committee notes the Government’s indication that it will consider whether amending the Maritime Transport Act 1994 or Part 52 of the Maritime Rules would better implement this requirement. The Committee requests the Government to provide information on any developments in this regard.

[The Government is asked to reply in full to the present comments in 2025.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified 13 Conventions on maritime labour which have been denounced as a consequence of the entry into force of the MLC, 2006, for New Zealand. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, entered into force for New Zealand on 9 March 2017. The Committee notes the efforts undertaken by the Government and the social partners to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f), 2, 3 and 7 of the Convention. Definitions and scope of application. Seafarers. National determination. The Committee notes the Government’s indication that the competent authority (Maritime New Zealand, hereinafter Maritime NZ) is currently clarifying the status of certain categories of persons on board ships (for example, the National Institute of Water and Atmospheric Research staff) as well as of scientists working on board New Zealand’s research vessels. The Committee requests the Government to provide information with respect to any national determination made, after consultation with the shipowners’ and seafarers’ organizations, as to whether these or other categories of persons are to be regarded as seafarers for the purpose of the Convention.

Articles II and VI, paragraphs 3 and 4. Definition of seafarers and substantial equivalence. Cadets. The Committee notes the Government’s indication that while cadets are considered to be seafarers for the purpose of the Convention, the provisions relating to their living and working conditions constitute a substantial equivalence to the requirements of the MLC, 2006. The Government further indicates that while cadets do not have a seafarers’ employment agreement (SEA), Maritime NZ requires a written agreement between the cadet and the training provider which provides for protection of living and working conditions, and a written agreement, between the shipowner and the training provider with which the cadets are enrolled, specific to the individual cadet regarding their training, welfare and responsibilities while on the ship. The Committee recalls that, according to Article VI, paragraph 3, a Member which is not in a position to implement the rights and principles in the manner set out in Part A of the Code may … implement Part A through provisions in its laws and regulations or other measures which are substantially equivalent to the provisions of Part A. Any such measure shall be considered to be substantially equivalent if the Member satisfies itself that: (a) it is conducive to the full achievement of the general object and purpose of the provision or provisions of Part A of the Code concerned; and (b) it gives effect to the provision or provisions of Part A of the Code concerned. In order to assess if the measures adopted in New Zealand regarding cadets are substantially equivalent to the protection provided for by the Convention, the Committee needs to receive clear information from the Government indicating the specific Standards concerned and the respective measures adopted. The Committee further needs information explaining how the Government has “satisfied itself” that the objective of implementing the principles and rights set out in the Regulations is adequately achieved in some way other than that indicated in Part A of the Code. The Committee therefore requests the Government to provide detailed information on the measures adopted to ensure that cadets benefit from a protection that is substantially equivalent to the one afforded by the Convention.

Article II, paragraph 6. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that Maritime Rules Parts 51 and 52 only apply to New Zealand ships over 200 gross tonnage operating outside the inshore limits. Therefore ships under 200 gross tonnage which are engaged in domestic voyages are not covered by major provisions of the Convention. The Committee recalls that the Convention applies to all ships as defined in Article II, paragraph 1(i), other than those excluded under paragraph 4. In the event of doubt, a determination may be made under paragraph 5 as to whether the Convention applies to a ship or particular category of ships. Although Article II, paragraph 6, provides additional flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tonnage not engaged in international voyages, it does not provide for the exclusion of a ship, or a category of ships, from the protection offered by the Convention and, even if a determination has been made, it can only apply to details of the Code (the Standards and Guidelines). The Committee therefore requests the Government to indicate if ships of less than 200 gross tonnage are registered under the national flag and to amend its laws and regulations to ensure that such ships are covered by the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that section 26(2) of the Maritime Transport Act, 1994, provides that no person shall employ on any New Zealand ship any person of an age that requires that person to be enrolled at school (period ending on the person’s 16th birthday). However, it notes that section 26(4) allows for possible exceptions to the employment of a person to carry out work on a training ship if the carrying out of such work by a person of that age is approved by the Director of Maritime NZ. The Committee recalls that Standard A1.1, paragraph 1, provides that the employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited and that no exceptions are permitted in this respect. The Committee requests the Government to take the necessary measures to bring its legislation into conformity with Standard A1.1, paragraph 1, of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Hazardous work. The Committee notes that section 45(1) of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 provides that persons in charge of a workplace must ensure that no one under the age of 15 years is required to perform any task that would be harmful to the young person’s health. Workplace is defined by the Health and Safety at Work Act, 2015, under which the Regulations 2016 were made, as any place including a vehicle, vessel, aircraft, ship, or other mobile structure. The Committee recalls that Standard A1.1, paragraph 4, provides that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety and that no exceptions are permitted in this respect. The Committee further recalls that in its latest comments under the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted with regret that the Government has not taken any specific measures, either in law or in practice, to prohibit the employment of children and young persons under the age of 18 years in hazardous work as required by the Convention. The Committee therefore requests the Government to take the necessary measures to bring its legislation into conformity with this provision of the Convention by ensuring that admission to hazardous work for seafarers is prohibited under the age of 18 years. It also requests the Government to take the necessary measures to determine, after consultation with the shipowners’ and seafarers’ organizations concerned, the types of work which is likely to jeopardize the health or safety of seafarers under 18 years and is therefore prohibited for these persons.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that the issue of private recruitment and placement agencies that may be affected by the operation of the MLC, 2006, is currently being examined and that follow-up actions to ensure compliance with the Convention in this regard will be taken. The Committee requests the Government to provide detailed information on: (i) statistical data regarding the number of seafarers hired through placement agencies; (ii) the measures envisaged to give effect to the requirements of the Convention, in particular those of Standard A1.4, paragraph 5(c) (keeping registers, qualification of seafarers, protection of seafarers in foreign ports, managing complaints, establishing a system of protection by way of insurance to compensate seafarers); (iii) how it ensures that the adequate machinery and procedures for the investigation of complaints concerning the activities of seafarer recruitment and placement services, required under Standard A1.4, paragraph 7, apply to all violations and not just those related to discrimination; and (iv) how it gives effect in practice to the requirement of Standard A1.4, paragraph 9, to ensure that shipowners on ships flying the New Zealand flag, who use seafarer recruitment and placement services based in countries in which the Convention does not apply ensure, as far as practicable, that those services meet the obligations of the Convention.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes that section 22(1)(a)(i) of the Maritime Transport Act, 1994, provides that every employer of a seafarer on any New Zealand ship, other than a pleasure craft, going on an overseas voyage shall, prior to the departure of the ship, enter into articles of agreement with every seafarer (except the master), in a form approved by the Director of Maritime NZ. The Committee also notes that the provisions of sections 61 to 65 of the Employment Relations Act, 2000, refer to the employer. The Committee notes, in this connection, that the provisions of the Maritime Transport Act, 1994, and of the Employment Relations Act, 2000, quoted above are not clear as to who is the responsible party for seafarers’ living and working conditions. The Committee underlines the importance of the basic legal relationship that the Convention establishes between the seafarer and the person defined as “shipowner” under Article II. In accordance with Standard A2.1, paragraph 1, every seafarer, including the master, as defined under Article II, paragraph 1(f), must have an original agreement that is signed by the seafarer and the shipowner or a representative of the latter (whether or not the shipowner is considered to be the employer of the seafarer). The Committee requests the Government to clarify who are the parties to the seafarers’ employment agreement. It further requests the Government to indicate how it ensures that seafarers have an original agreement signed by both the seafarer and shipowner or a shipowner’s representative, as required under Standard A2.1, paragraph 1. The Committee also requests the Government to indicate how effect is given to the requirement of Standard A2.1, paragraph 1(a), in the case of masters.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that the certificate for sea service constitutes the record of employment for seafarers. However, section 2 of the certificate for sea service regarding the master’s testimonial requires that “The master should insert below his remarks as to the character, ability and sobriety of the crew member.” The Committee recalls that Standard A2.1, paragraph 3, provides that the record of employment shall not contain any statement as to the quality of seafarers’ work or as to their wages. The Committee therefore requests the Government to revise the certificate for sea service to ensure conformity with Standard A2.1, paragraph 3.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes the Government’s indication that New Zealand legislation does not impose minimum notice requirements for termination of employment agreements. The Committee recalls that under Standard A2.1, paragraph 5, Members shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement and that the duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, of the Convention, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons” as stated in paragraph 6 of this Standard.

Regulation 2.3 and Standard A2.3, paragraph 2. Hours of work and hours of rest. The Committee notes the Government’s statement that the requirements implementing Regulation 2.3 are based on a minimum hours of rest. It also notes that Maritime Rules Part 52.64(a) requires the owner and the master of a ship to establish and enforce rest periods for seafarers working on the ship in accordance with Standard A2.3 of the Convention. However, Maritime Rules Part 52.64(b) requires the owner and the master of a ship to post a table with the shipboard working arrangements and the maximum hours of work or the minimum hours of rest. It also notes that according to the model form for a table of shipboard working arrangements that was provided by the Government, it is up to the master to indicate “The maximum hours of work or minimum hours of rest.” Recalling that Standard A2.3, paragraph 2, according to which each Member shall fix either a maximum numbers of work or a minimum number of hours of rest, should not be understood as giving shipowners or masters an option to choose between one or the other systems (hours of work or hours of rest), the Committee requests the Government to indicate the measures taken or envisaged to give full effect to this provision of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 3. Normal working hours. The Committee notes that section 11B of the Minimum Wage Act, 1983, states that subject to subsections (2) and (3), every employment agreement under the Employment Relations Act 2000, must fix, at no more than 40, the maximum number of hours (exclusive of overtime) to be worked in any week by any worker bound by that employment agreement. However, the Committee observes that according to subsection (2) of the said Act, the maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week may be fixed at a number greater than 40 if the parties to the agreement agree. Recalling that Standard A2.3, paragraph 3, provides that the normal working hours’ standard for seafarers, like for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays, the Committee requests the Government to indicate how it ensures that the requirement of Standard A2.3 is applied.

Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that, under the New Zealand Holidays Act 2003, section 16(1), all employees are entitled to a minimum of four weeks’ annual leave on completion of 12 months’ service and that employees are also entitled to ten public holidays, the combination of both being considered to be substantially equivalent to the requirements of Standard A2.4, paragraph 2. The Committee recalls that according to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. The Committee further recalls that Guideline B2.4.1 – Calculation of entitlement states that public and customary holidays recognized as such in the flag State, whether or not they fall during the annual leave with pay should not be counted as part of annual leave with pay. The Committee therefore requests the Government to take the necessary measures to ensure compliance with the minimum paid annual leave requirement established by the Convention.

Regulation 2.4 and Standard A2.4, paragraph 3. Prohibition of agreements to forgo annual leave. The Committee notes that section 28A of the Holidays Act 2003 allows employees to request payment to be made instead of leave being taken. Up to one week of leave per year can be paid out. The employer may agree to the request or decline it. The Committee recalls that Standard A2.4, paragraph 3, prohibits any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority. Furthermore, the specific cases in which annual leave can be paid out can only be restrictively provided for by the Director of Maritime Affairs and not by the employer as stated in the Holidays Act 2003. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to take the necessary measures to ensure compliance with this Standard.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that there are no provisions implementing Regulation 2.4, paragraph 2, according to which seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. While providing for the circumstances in which a seafarer has a right to repatriation, section 22 of the Maritime Transport Act 1994 and Maritime Rules Part 52.65 do not refer to the maximum period of service on board a ship following which a seafarer is entitled to repatriation, as required by Standard A2.5.1, paragraph 2(b). The Committee notes the Government’s indication that New Zealand ships do not trade internationally – although some travel overseas occasionally, typically for repair and maintenance work – and that, therefore, repatriation is not an issue in practice. The Committee recalls that, according to the Convention, laws and regulations, or other measures or collective bargaining agreements, must prescribe the maximum duration of service periods on board following which a seafarer is entitled to repatriation, such periods to be less than 12 months. The Committee requests the Government to take the necessary measures to give full effect to Standard A2.5, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that seafarers can be expected to pay for the cost of repatriation in situations not covered by section 22 of the Maritime Transport Act and Maritime Rules Part 52.65. The Committee recalls that Standard A2.5, paragraph 3, prohibits shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlement except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee requests the Government to explain how it ensures that shipowners can recover the cost of repatriation only when seafarers have been found to be in serious default of their obligations, pursuant to the conditions set out in Standard A2.5, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1, paragraph 2. Accommodation and recreational facilities. Scope of application. The Committee observes that New Zealand has ratified Conventions Nos 92 and 133. However, it notes that the Government has not provided information as to how the relevant requirements in Conventions Nos 92 and 133 apply with respect to matters relating to construction and equipment for ships constructed prior to the entry into force of the MLC, 2006, for New Zealand. The Committee requests the Government to provide information in this regard.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes that the Declaration of Maritime Labour Compliance (DMLC), Part I, provides that Maritime Rule Part 31.43(1)(c) requires ships of more than 1,000 gross tonnage operating in the unlimited area to carry a cook holding a New Zealand certificate in cookery or an equivalent and that its legislation does not currently apply the threshold of ten or more crew (including the master) to have a qualified ship’s cook, as required by Standard A3.2, paragraph 5. The Government adds that non-fully qualified cooks are required to prove sea service of 12 months and complete a management in food handling course. The Committee recalls that only ships operating with a manning of less than ten may not be required to have on board a fully qualified cook (Standard A3.2, paragraph 5) and that dispensations to allow a non-fully qualified cook to serve as ship’s cook can only be issued in circumstances of exceptional necessity in a specified ship and for a limited period as provided for under Standard A3.2, paragraph 6. The Committee requests the Government to indicate the measures taken or envisaged to ensure compliance with this Standard.

Regulation 4.1 and Standard A4.1, paragraph 1(d). Medical care on board and ashore. Services provided free of charge. The Committee notes the Government’s indication that dental care is not covered by the public health system. The Committee recalls that, in accordance with Regulation 4.1, paragraph 2, medical care is, in principle, provided at no cost to seafarers working on ships flying the Member’s flag and that, in accordance with Standard A4.1, paragraph 1, it includes essential dental care. The Committee requests the Government to indicate the measures envisaged in this regard.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum Requirements. Medicine Chest, medical equipment and medical guide. The Committee notes that Maritime Rules Part 50.17 requires that inspection of the ship’s medical stores shall be at intervals of not more than 18 months. The Committee recalls that Guideline B4.1.1, paragraph 4, provides that the medicine chest and its contents, as well as the medical equipment and medical guide carried on board, should be properly maintained and inspected at regular intervals, not exceeding 12 months. The Committee requests the Government to provide information as to how it has given due consideration to Guideline B4.1.1, paragraph 4, in implementing its responsibilities under Standard A4.1.

Regulation 4.1, paragraph 3. Medical care on board and ashore. Access to on-shore medical facilities for seafarers on board foreigner ships. The Committee notes the Government’s indication that in New Zealand, seafarers have access to the public health system. In the absence of more detailed information, the Committee requests the Government to specify the national provisions that ensure that seafarers on board ships voyaging in New Zealand’s waters or visiting its ports are given access to medical facilities on shore when in need of immediate medical care.

Regulation 4.2 and Standards A4.2.1, paragraphs 8–14, and A4.2.2. Shipowners’ liability. Financial security. The Committee notes that the Government has not provided detailed information on: (i) the financial security provided by shipowners to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2.1, paragraph 1(b)); and (ii) the liability of shipowners to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character (Standard A4.2.1, paragraph 1(c)). The Committee therefore requests the Government to clarify how it gives effect to the requirements of Standard A4.2.1, paragraph 1(b) and (c), to provide information on the shipowners’s liability regarding wages where sickness or injury results in incapacity for work, as provided for under Standard A4.2.1, paragraph 3, and the eventual limits to the liability of shipowners provided under Standard A4.2.1, paragraphs 2 and 4, of the Convention.

In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay; (ii) no pressure to accept payment less than the contractual amount; (iii) interim payments (while situation is being assessed) to avoid undue hardship; (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident; and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease; (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated; and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and Standard A4.3, paragraph 2(b). Health and safety protection and accident prevention. Seafarers under the age of 18. The Committee notes that while the Health and Safety at Work Act, 2015, and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, set standards for occupational safety and health protection and accident prevention on ships that fly New Zealand’s flag, they do not specifically refer to seafarers under the age of 18. The Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, gives special attention to workers under the age of 15 and not 18 as required by Standard A4.3, paragraph 2(b). The Committee requests the Government to provide information on measures envisaged to give due consideration to Guideline B4.3.10 regarding safety and health education of young seafarers in implementing its responsibilities under Standard A4.3.

Regulation 4.3 and Standard A4.3, paragraph 2(d). Health and safety protection and accident prevention. Ship’s safety committee. The Committee notes that there does not seem to be a requirement in the national provisions for a safety committee to be established on board a ship on which there are five or more seafarers. It recalls that Standard A4.3, paragraph 2(d), of the Convention provides that a ship’s safety committee shall be established on board a ship on which there are five or more seafarers. The Committee requests the Government to provide information on the measures envisaged to give full application to this provision of the Convention.

Regulation 4.3 and Standard A4.3, paragraph 8. Health and safety protection and accident prevention. Risk evaluation. The Committee notes the Government’s indication that inspections and assessments are carried out on health and safety matters without reference however to the obligations of shipowners. It recalls that shipowners are required, under Standard A4.3, paragraph 8, to conduct risk evaluation in relation to management of occupational safety and health. The Committee requests the Government to specify how it gives full effect to this provision.

Regulation 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee notes the Government’s indication that no measure has been adopted for providing benefits to non-resident seafarers working on ships flying its flag who do not have adequate social security coverage. It recalls that, although the primary obligation rests with the Member in which the seafarer is ordinarily resident, Standard A4.5, paragraph 6, provides that Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to provide information on any measures adopted or envisaged to give effect to Standard A4.5, paragraph 6.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes that the Government has not provided information on procedures for the settlement of disputes relating to social security. The Committee requests the Government to indicate what fair and effective procedures for the settlement of disputes relating to social security for seafarers have been established, as required under Standard A4.5, paragraph 9.

Regulation 5.1.2 and Standard A5.1.2, paragraphs 1 and 2. Flag State responsibilities. Authorization of recognized organizations. The Committee notes the Government’s indication that the competency of the classification societies is reviewed through an annual audit by Maritime NZ and that some functions with respect to inspections are delegated to classification societies while others can only be exercised by Maritime NZ. In the absence of reference to the national provisions, the Committee requests the Government to indicate the measures taken to give effect to the requirements that: (i) the competence and independence of recognized organizations shall be reviewed (Standard A5.1.2, paragraph 1); and (ii) that “as a minimum” any authorization granted with respect to inspections shall empower the recognized organizations to require the rectification of deficiencies in seafarers’ working and living conditions and to carry out inspections in this regard at the request of a port State (Standard A5.1.2, paragraph 2).

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b). The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.

Regulation 5.1.4 and Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Inspection and enforcement. Investigating and remedy. Confidentiality of sources of grievances. The Committee notes the Government’s indication that complaints are handled by the Investigations Team at Maritime NZ, which maintains their records in isolation to ensure confidentiality and that it is part of standard operating procedures for inspectors to treat the source of any grievance or complaint as confidential. The Committee requests the Government to specify the applicable national provisions giving effect to the requirements under Standard A5.1.4, paragraphs 5, 10 and 11(b).

Regulation 5.1.4 and Standard A5.1.4, paragraph 12. Flag State responsibilities. Inspection and enforcement. Reporting on inspections. The Committee notes the Government’s indication that inspectors submit a copy of any inspection report to Maritime NZ and provide the ship with a copy of the report. The Committee requests the Government to specify the applicable national provisions giving effect to the requirements of Standard A4.1.4, paragraph 12.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes the Government’s indication that the Employment Relations Act 2000 applies to ships. However, the Committee recalls that Standard A5.1.5 requires Members to adopt on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the Convention. The Committee therefore requests the Government to provide information on the on-board procedures adopted in order to give effect to the requirements of Standard A5.1.5.

Additional documents requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide the following documents and information: a standard form example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy of the provisions in any applicable collective agreement which provides for the calculation of the minimum paid annual leave on a basis that differs from a minimum of 2.5 days per month of employment (Standard A2.4, paragraph 2); a copy of the provisions on seafarers’ entitlement to repatriation in any applicable collective bargaining agreements (Standard A2.5, paragraph 2); an example of the documentation accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see guidance in Guideline B4.1.2, paragraph 1); a copy of the model form for on board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag (Regulation 5.1.5).

[The Government is asked to reply in full to the present comments in 2021.]