Appendix 9 - Foreign Charter Vessels - Crew Employment Agreements

At a glance

Historical appendix of the INZ Operational Manual (effective 7 Dec 2015, ceased 8 May 2017) that set out mandatory standard principles for crew employment agreements on foreign charter vessels fishing in New Zealand fisheries waters when the employer is not a New Zealand company. [A-appendix-9]

Definition

Appendix 9 required every crew employment agreement under its scope to contain 22 prescribed provisions, covering identities, remuneration, dispute resolution, and jurisdiction. The standard principles include: [A-appendix-9]

• Employer and employee identities and contact details (clauses 1–4).
• New Zealand Charter Partner (NZCP) details (clause 5).
• If fixed-term, the term and reason (clause 6).
• Employee’s position, rank, and vessel name (clause 7).
• General duties (clause 8).
• Minimum of 42 hours per week on average over each employment period in NZ fisheries waters, with employer record-keeping (clauses 9–10).
• Remuneration terms meeting the minimum levels in the Operational Manual, with any deductions specified and agreed (clauses 11–12).
• Currency, timing, and method of payment, including possibility of payment into a NZ bank account (clauses 13–14).
• A Deed of Guarantee by the NZCP to cover minimum remuneration if the employer defaults, and the process for recovering from the NZCP (clause 15).
• Causes for dismissal (clause 16).
• A plain language explanation of employment and immigration rights, with the INZ leaflet INZ1214 attached (clause 17).
• New Zealand employment institutions have jurisdiction (clause 18).
• A three-step dispute resolution process: resolution with the Captain, then the employer/NZCP, then the NZCP under the Deed of Guarantee, with access to Labour Inspectorate, mediation, Employment Relations Authority, Employment Court, and independent arbitration (clause 19).
• Choice of foreign governing law, subject to clauses 18–19 (clause 20).
• Record that the employee had opportunity to obtain independent advice and understood the agreement (clause 21).
• Signatures of both parties and date (clause 22).

Application in decisions

When Appendix 9 was in force, Immigration New Zealand relied on it when assessing Approval in Principle applications for foreign charter vessels. Employers had to demonstrate that crew employment agreements complied with these standard principles; if a principle was considered inapplicable, the employer had to state the reason in supporting documents. [A-appendix-9]

After 8 May 2017, these instructions are no longer effective. Agreements made before that date would still have been assessed under this appendix if captured by the Approval in Principle timeframe.

Interpretation & edge cases

• Scope: The appendix applied only to crew on foreign charter vessels fishing in New Zealand fisheries waters, and only where the employer was not a New Zealand company. Vessels with a New Zealand employer were not subject to these standard provisions. [A-appendix-9]
• Inapplicable principles: Employers could argue that a particular standard principle did not apply, but had to provide a justification in the Approval in Principle application. INZ retained discretion to accept or reject that justification. [A-appendix-9]
• Transition: Applications lodged after 8 May 2017 are not governed by Appendix 9, and any new crew employment agreements would need to meet whatever requirements replaced it (if any).
• Remuneration link: The appendix required remuneration to meet the minimum set by the relevant crew remuneration instructions in the Operational Manual. The appendix did not itself alter those minimums.

Citations

• A-appendix-9 — Appendix 9 - Foreign Charter Vessels - Crew Employment Agreements