The Code of Practice on Foreign Fishing Crew was developed following consultations between the seafood industry and the Department of Labour, which both regulates employment conditions and incorporates Immigration New Zealand.

The Code has been in place since 2006. Its purpose is to outline the steps and processes agreed by Government, the Fishing Guild and the fishing industry to assist in achieving the highest level of compliance in relation to both immigration requirements and the applicable laws of New Zealand. Being a signatory and adhering to the Code is a mandatory part of requirements set by Government for the issue of immigration visas and permits to foreign fishing crew.

Needs market tested

Immigration policy requires that operators "must satisfy Immigration New Zealand that there are no (or insufficient) suitably qualified and experienced New Zealand citizens or residents available to crew the Foreign Charter Fishing Vessel ...". To this end, the operator must provide evidence that there are no suitable and available New Zealand applicants on the Deep Sea Fishing Crew Employment Register.

Work permits for foreign crew are also only granted where Immigration New Zealand is satisfied that operators comply fully with the requirements governing foreign charter vessels. The Immigration New Zealand Operational Manual states categorically:

Permission to use foreign labour will be withdrawn and further permission refused where there is any breach of requirements other than of a minor nature.

Adherence to code of Practice

The Code of Practice deals with a wide range of employment issues, including: employer responsibilities, crew education and welfare, passport security, employment agreements and minimum working and living conditions. It also makes provision for regular inspections. It is very much a practical document and one that must be complied with. Operators must be signatories to the Code of Practice and the terms and conditions offered to foreign crew must conform to the code's requirements. Operators must also keep a clean record if they want to stay in business. The regulations do not allow for shoddy performance. " Where there has been a breach of the Code in the past," the regulations read, " ... no further Applications in Principle will be granted unless ...the breach was of a minor nature and the cause and consequences ... have been remedied."

Wage rates

Immigration Policy and the Code of Practice details minimum remuneration requirements for foreign charter crews. Crews must always be paid at least the minimum New Zealand wage and deductions cannot take their hourly rate below this. The New Zealand party must also provide a "Deed of Guarantee for Financial Obligations in Respect of Foreign Crew" guaranteeing payment of minimum levels of crew remuneration in the event of default by the employer.

Regulatory framework

Foreign Chartered Fishing Vessels are subject to a complex regulatory framework, that incorporates elements of flag state responsibility, port state control, fisheries regulation and immigration policy. Immigration policy plays a role within this wider framework. The overall role of foreign chartered fishing vessels in New Zealand is governed by the Fisheries Act 1996.

43-5 of the Immigration New Zealand Operational Manual provides full details of the requirements for Crew of Foreign Chartered Fishing Vessels. This can be downloaded on Immigration New Zealand's website (PDF 1.32MB) »