Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention du travail maritime, 2006 (MLC, 2006) - Nouvelle-Zélande (Ratification: 2016)

Etat de mise en oeuvre

Obligation de présentation de rapport

Formulaires de rapport Article 22 (pdf)

Afficher en : Francais - Espagnol

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.]