Foreign Crew of Fishing Vessels Work Visa

At a glance

The Foreign Crew of Fishing Vessels instructions enable the grant of work visas to foreign crew working on New Zealand‑flagged fishing vessels. [WJ] This visa falls under the Special work policies stream of temporary work visas. [WJ]

For employers recruiting seven or more overseas crew for a single New Zealand vessel, an Approval in Principle (AIP) must be obtained from Immigration New Zealand before a work visa application can be made. [WJ1] Where fewer than seven overseas crew are required on a vessel during a 12‑month period, an AIP is not required, and foreign crew can apply directly for visas under WJ6. [WJ1]

Objective

The objectives of the Foreign Crew of Fishing Vessels instructions are to: [WJ1.5]

1. Allow the New Zealand fishing industry to supplement the New Zealand workforce with non-New Zealand workers while ensuring that growth in the industry is supported primarily by New Zealand crew. [WJ1.5]
2. Promote best practice in the fishing industry to support economic growth and productivity, while ensuring that the employment conditions of both New Zealand and non-New Zealand workers are protected and supported. [WJ1.5]
3. Ensure workers recruited under these instructions are adequately paid. [WJ1.5]
4. Ensure outcomes which promote the integrity, credibility and reputation of the New Zealand immigration and employment relations systems. [WJ1.5]
5. Protect New Zealand's international reputation. [WJ1.5]

Requirements to meet the objectives

To ensure these objectives are met, several requirements apply: [WJ1.5]

• Work visas for foreign fishing crew will be granted only where the immigration officer is satisfied that the New Zealand employer will comply with the specified requirements, and either: [WJ1.5]
  • there are available places for employment in the employer's AIP (when recruiting seven or more overseas crew members for a single New Zealand vessel); or [WJ1.5]
  • the number of work visas that can be approved is no more than six positions on a single vessel in a calendar year (for non-AIP employers). [WJ1.5]
• A high standard of proof is required to satisfy officers that these requirements and the requirements of immigration instructions are being met. [WJ1.5]
• The immigration officer must consider the compliance history and particular arrangements (including crew recruitment practices) of individuals associated with the New Zealand employer. [WJ1.5]
• 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, that has not been remedied to the satisfaction of Immigration New Zealand. [WJ1.5]

How to apply

Application requirements

Before a work visa can be granted, the applicant must provide the following: [WJ6.1]

1. A copy of the Approval in Principle (AIP) letter, if applicable. [WJ6.1]
2. Meet the standard requirements for a temporary visa (see [W2.10]). [WJ6.1]
3. Have at least 12 months' work experience in a similar position. [WJ6.1] Evidence of relevant work experience can include, but is not limited to, a seamen's log book and references from former employers. [WJ6.10]
4. Have any other required qualifications and experience for the position as specified in the employer's AIP (or job description for non-AIP applications). [WJ6.1]
5. Provide an employment agreement, in English and the applicant's own language, that meets the conditions at [WJ5.45.10]. [WJ6.1]
6. Provide the form Sponsorship for Temporary Entry (INZ 1025) completed by the New Zealand employer. [WJ6.1]

Note: The NZ employer must meet the acceptable sponsor requirements set out at [E6.5] and [E6.5.1]. [WJ6.1]

Approval in Principle (AIP) requirement

Employers seeking to recruit seven or more overseas crew for a single New Zealand vessel must first apply for an AIP. [WJ1] The AIP covers a specified period of up to 12 months. [WJ1] Further application procedures and required forms are detailed in subsequent WJ sections. For fewer than seven crew, no AIP is required; crew may apply directly under WJ6. [WJ1]

AIP Assessment and Conditions

AIP requests are assessed by INZ, and decisions whether to grant AIPs are made by the Minister of Immigration. [WJ1.10] Where an AIP is granted, the Minister will specify:

1. how many work visas can be granted under the AIP;
2. the conditions as set down in WJ3 that apply to the AIP; and
3. any additional conditions the AIP is subject to. [WJ1.10]

The conditions under WJ3 that the employer must agree to before an AIP can be granted are: [WJ3]

1. comply with inspections as required by Maritime New Zealand and the Ministry of Business, Innovation and Employment to ensure adherence to the Immigration Instructions for Foreign Crew of Fishing Vessels; [WJ3]
2. use only acceptable manning agents for the recruitment and placement of foreign crew; [WJ3]
3. ensure that a representative meets each arriving foreign crew member in New Zealand and transports them to the vessel, their onward domestic flight or their accommodation; [WJ3]
4. educate and inform foreign crew of their rights and obligations in respect of employment and immigration matters; [WJ3]
5. implement measures to assist in managing the risk of desertion while the vessel is in port; [WJ3]
6. advise Immigration New Zealand as soon as practicable of any information that may assist to prevent desertion or to apprehend deserting crew, and of those who encourage or assist crew to desert in breach of visa conditions; [WJ3]
7. undertake a full investigation of any complaints or concerns raised by foreign crew and co-operate fully with any investigation by the Ministry; [WJ3]
8. keep and make available accurate employment records; [WJ3]
9. make employment records available to the Ministry, or any auditors engaged by the Ministry, at the commencement of any scheduled audit; [WJ3]
10. adhere to all conditions for the employment of crew set out in WJ5.45, including the ability to pay crew wages into New Zealand bank accounts; [WJ3]
11. have out-going foreign crew transported to their airport of departure and give at least 24 hours' notice of departure to allow crew to contact their authorised representative before leaving New Zealand. [WJ3]

Note: Where foreign crew arrive with the vessel, as opposed to via a foreign flight, the requirement to meet and transport arriving crew (condition 3 above) does not apply. [WJ5.15]

Note: Detailed requirements about desertion prevention and notification are set out in the Desertion prevention, notification, and records subsection below.

Significant non-compliance with AIP conditions

Where an audit identifies significant non-compliance with the conditions listed under WJ3 by the New Zealand employer, the NZCP, the FCP, or individuals associated with them (such as manning agents), the following process applies: [WJ3.1]

a. INZ will suspend the processing of any existing requests for an Approval in Principle and any work visa applications related to an existing AIP immediately. [WJ3.1] b. The non-compliant company is advised in writing of the suspension and sent a report detailing the non-compliance. It is given 30 days to remedy the non-compliance. [WJ3.1]

Note: The suspension does not apply to onshore‑based employees of the non-compliant company. [WJ3.1]

c. Resolution (or satisfactory progress towards resolution) of the non-compliance to the satisfaction of INZ within the 30‑day period will see the suspension lifted and processing of requests for AIPs and related work visa applications resumed. [WJ3.1] d. A follow‑up audit is conducted three to six months later to assess the effectiveness of the remediation undertaken. If the remediation is deemed inadequate or ineffective, the suspension can be re‑imposed. [WJ3.1] e. If INZ is not satisfied that the significant non‑compliance has been addressed or satisfactory progress has been made towards resolution within the 30‑day period, the suspension of AIP and related work visa processing continues until resolution occurs. [WJ3.1] f. Failure to address or make satisfactory progress towards resolving the non‑compliance may result in current AIPs being rescinded, current work visa holders becoming liable for deportation, and any future AIP requests being declined. [WJ3.1]

AIPs granted under these instructions are limited to a specific vessel (nominated on the AIP form) and a maximum duration of 12 months. [WJ1.10]

After an AIP is granted, individual crew members can apply for work visas under WJ6, in line with any conditions placed on the AIP. [WJ1.10]

Visas granted under these instructions are limited to a specific vessel (nominated on the application form) and a maximum duration of 12 months. [WJ1.10]

Approval in Principle requirements

To be granted an Approval in Principle, the New Zealand employer must satisfy Immigration New Zealand that: [WJ2]

• there are no (or insufficient) suitably qualified and experienced New Zealand citizens or residence class visa holders available to crew the vessel for the specified period up to a maximum of 12 months; [WJ2]
• it has specified whether a crew change is required and confirmed when the crew change(s) will take place; [WJ2]
• the terms and conditions of employment offered meet the requirements for crew employment agreements (see WJ5.45.10); [WJ2]
• it is financially sound (as assessed under WJ2.5 evidential requirements); [WJ2]
• the directors and senior management of the employer are 'fit and proper' people (as assessed under WJ2.10); [WJ2]
• it is an acceptable sponsor (see E6.5 and WJ5.10); [WJ2]
• it will comply with all requirements and obligations set out in WJ5; [WJ2]
• it agrees to the conditions specified in WJ3. [WJ2]

INZ will determine whether the employer has made genuine attempts to find suitably qualified and experienced New Zealand workers. [WJ2] Evidence that an employer has made genuine attempts includes, but is not limited to: [WJ2.1]

• listing the vacancies with Work and Income;
• evidence of advertising;
• using a recruitment agency;
• consulting with the New Zealand Fishing Industry Guild, the New Zealand Industry Training Organisation, and the Council for Trade Unions. INZ consults with relevant government agencies, including the Ministry for Primary Industries, Maritime New Zealand, and the Ministry of Social Development. [WJ2]

Employers must have a history of compliance with immigration and employment law. An employer is considered not to have a history of compliance if: [WJ2]

• it fails to meet the requirements set out at W2.10.15 and W2.10.20; or
• it is currently included on a list of non-compliant employers maintained by MBIE (see also Appendix 10 and Appendix 18); or
• it has been convicted at any time of an offence under sections 98 (Dealing in slaves), 98C (Smuggling migrants), or 98D (Trafficking in persons) of the Crimes Act 1961. [WJ2]

Fit and proper person test

For the purpose of determining whether or not a director or senior manager of the New Zealand employer or NZCP is a fit and proper person, INZ will take into account: [WJ2.10]

• whether the person:
  • at any time, has been declared bankrupt or been a director of a company that has been put into receivership or liquidation; [WJ2.10]
  • at any time, has been a director or senior manager of a company that has failed to meet its obligations under relevant New Zealand employment and immigration law, and immigration instructions; [WJ2.10]
  • has been convicted of an offence involving dishonesty in New Zealand or a foreign country; [WJ2.10]
  • has been involved in business fraud or financial impropriety; [WJ2.10]
  • has ever been investigated by the Serious Fraud Office or the New Zealand Police for any offences arising in the course of, or resulting from, business dealings; [WJ2.10]
• any relevant feedback received from the Ministry for Primary Industries or Maritime New Zealand (see WJ2); [WJ2.10]
• whether, bearing in mind all available evidence, there is reason to believe that the person will not meet their obligations under the foreign crew of fishing vessels instructions. [WJ2.10]

Evidence of sound financial position

Evidence that an employer or NZCP is in a sound financial position includes, but is not limited to: [WJ2.5]

1. a statement from a chartered accountant confirming the business is financially sound and is able to meet all outstanding obligations; [WJ2.5]
2. an authenticated set of accounts showing a sound financial position; [WJ2.5]
3. annual reports; [WJ2.5]
4. business plan. [WJ2.5]

Note: Where a NZCP is requesting an AIP, the evidence must demonstrate that they are in a position to meet their obligations under the Deed of Guarantee of Financial Obligations in Respect of Foreign Crew (INZ 1211). [WJ2.5]

Requirements for non-Approval in Principle applicants

For employers recruiting fewer than seven overseas crew for a single vessel, no Approval in Principle is required. However, before any work visa can be granted for such foreign crew, the New Zealand employer must: [WJ6.5]

1. Provide the completed form Supplementary Form for Foreign Crew of a Fishing Vessel (INZ 1213). [WJ6.5]
2. Meet the AIP requirements as set out at [WJ2]. [WJ6.5]
3. Agree to comply with all the requirements and obligations set out at [WJ5]. [WJ6.5]

INZ will determine whether the employer has made genuine attempts to find suitably qualified and experienced New Zealand citizens or residence class visa holders in accordance with the requirements set out in [WJ2.1]. [WJ6.5] Evidence that an employer has made genuine attempts includes, but is not limited to: listing the vacancies with Work and Income, evidence of advertising, using a recruitment agency, and consulting with the New Zealand Fishing Industry Guild, the New Zealand Industry Training Organisation, and the Council for Trade Unions. [WJ6.5] INZ will consult with relevant government agencies, including the Ministry for Primary Industries, Maritime New Zealand, and the Ministry of Social Development. [WJ6.5]

The maximum number of work visas that can be approved for non-AIP employers is six crew positions on a single vessel in a calendar year. [WJ6.5] Once a visa is approved, it is deducted from the employer's annual limit. [WJ6.5]

Eligibility criteria

The requirement to obtain an AIP depends on the number of overseas crew to be recruited for a single vessel in a 12‑month period: [WJ1]

• Seven or more crew: Employer must hold a valid AIP. [WJ1]
• Fewer than seven crew: No AIP is required; crew may be granted visas under the direct application provisions. [WJ1]

Vessels exempted from the New Zealand ship requirement

If a vessel is not a New Zealand ship but has been granted an exemption by the chief executive under section 103A of the Fisheries Act 1996, applications for foreign crew are considered as an exception to instructions, provided the employer has made an AIP application or is supporting a work visa application. [WJ1.15] In such exceptional cases, immigration officers must consider whether the employer meets the requirements that a New Zealand employer would need to meet under WJ instructions. [WJ1.15]

Work visa grant criteria (WJ6)

When an employer either holds a current AIP or is seeking to fill no more than six crew positions on a single vessel in a calendar year, an individual foreign crew member with an offer of employment may apply for a work visa. [WJ6] The immigration officer may grant a work visa and entry permission if satisfied the employer meets the requirements. [WJ6]

Duration and conditions of visa

Work visas granted under WJ6 are for a maximum period of 12 months. [WJ6] The visa is limited to work on the named New Zealand-flagged vessel in New Zealand waters only. [WJ6.15]

Grounds for decline

The application will be declined if the employer (including any associated person with influence over recruitment, employment or supervision) falls into any of the following categories: [WJ6]

• a history of non-compliance with immigration or employment law; [WJ6]
• failure to meet the requirements in W2.10.15 and W2.10.20 (see generic work visa instructions); [WJ6][W2.10.15][W2.10.20]
• inclusion on the MBIE list of non-compliant employers (see W2.10.15, Appendix 10 and Appendix 18); [WJ6][W2.10.15][Appendix 10][Appendix 18]
• conviction at any time for an offence under sections 98 (Dealing in slaves), 98C (Smuggling migrants) or 98D (Trafficking in persons) of the Crimes Act 1961. [WJ6]

Replacement of crew leaving mid-season

If a worker is required to leave the vessel unexpectedly part-way through the season, the employer may apply to replace them, provided evidence is supplied that the worker has left the vessel. [WJ6] Acceptable evidence includes a doctor's letter confirming illness or injury, evidence of termination of employment, or evidence of desertion. [WJ6]

Employer responsibilities and obligations

Employers approved under the Foreign Crew of Fishing Vessels instructions must comply with the full set of requirements set out in WJ5. [WJ5] These include obligations around crew employment agreements, payment of wages into New Zealand bank accounts, and other conditions specified in WJ5.45. [WJ5] Specifically, the employer and any New Zealand charter party must ensure that foreign crew are employed in accordance with the provisions of WJ5. [WJ5]

Manning agents (WJ5.5)

Where manning agents are used, the employer must: [WJ5.5]

1. ensure that they use only acceptable agents for the recruitment and placement of foreign crew (see [WJ4.15.1]); [WJ5.5]
2. carefully monitor the performance of manning agents they deal with; and [WJ5.5]
3. share information on manning agents with the Ministry if requested. [WJ5.5]

Sponsorship obligations (WJ5.10)

The New Zealand employer or the New Zealand Charter Party (NZCP) must sponsor every foreign crew member employed on their vessel or the vessel of their Foreign Charter Party (FCP). [WJ5.10] A breach of sponsorship obligations by the New Zealand employer or NZCP will exclude them from being an acceptable sponsor and, as a result, will prevent them from being granted any future Approval in Principle (AIP) for foreign crew of fishing vessels (see E6.5). [WJ5.10]

Foreign crew education (WJ5.20)

The New Zealand employer or the New Zealand Charter Party must educate and inform foreign crew of their rights and obligations in respect of employment and immigration matters. [WJ5.20] Additionally, they must ensure that all new foreign crew are briefed on their rights and responsibilities before their first voyage, and that they are provided with the minimum educational literature, translated into their own language. [WJ5.20] The minimum educational literature is the Important Information for Foreign Fishing Crews working in New Zealand Waters Guide (INZ 1214), available on the INZ website in 11 languages. [WJ5.20]

Desertion prevention, notification, and records (WJ5.25)

The employer must implement measures to assist in managing the risk of desertion while the vessel is in port. [WJ5.25] These may include, as appropriate:

• ensuring foreign crew have, at minimum, the identification required by port company security;
• using port company security systems to monitor activity to and from the vessel;
• briefing vessel watchmen to record the number plates of unidentified vehicles seen around the vessel; and
• implementing a foreign crew shore leave policy and other similar measures to maintain contact with foreign crew while ashore. [WJ5.25]

It is acknowledged that foreign crew are entitled to shore leave, and these measures are not intended to prevent crew from taking appropriate shore leave. [WJ5.25]

Employers must advise Immigration New Zealand as soon as practicable of any information that may assist to prevent desertion or to apprehend foreign crew who have deserted, and those who encourage or assist foreign crew to desert in breach of their work visa conditions. [WJ5.25] This information should be forwarded to the Compliance Operations branch of INZ in Christchurch. [WJ5.25]

When a crew member deserts, the employer must follow a two‑stage notification process: [WJ5.25]

1. Stage one: Once it is determined that a foreign crew member has deserted, the employer must notify INZ as soon as practicable within 48 hours, using the form Formal Notification of Crew Deserter (INZ 1212). [WJ5.25] The employer (if it is a New Zealand Company) or the New Zealand Charter Party (NZCP) must at this time surrender the foreign crew member's passport and Seaman's Book to INZ (if in the employer's or NZCP's possession). [WJ5.25] The crew member is then considered in breach of the conditions of their work visa, and INZ may commence compliance action against the individual and the employer if appropriate. [WJ5.25] The personal details of the ship deserter will be added to ship deserter statistics. [WJ5.25]
2. Stage two: In the case of a foreign crew member missing at vessel departure, notification must be made as soon as practicable within 48 hours of the time the vessel leaves port, or within 24 hours of the time the foreign crew member is noted as missing during transit to/from a vessel. [WJ5.25]

An employer or NZCP who has been recorded as associated with a deserter may apply in writing for that record to be removed from the record of ship deserters if: [WJ5.25]

• the foreign crew member subsequently returns to their vessel, leaves New Zealand, surrenders to Immigration New Zealand or contacts the employer or the NZCP before any deportation liability notice against them becomes effective; and [WJ5.25]
• the employer or NZCP can otherwise show good cause why the foreign crew member should not be considered a deserter. [WJ5.25]

INZ will advise the employer or NZCP in writing of the acceptance or rejection (including reasons for such rejection) of the request for removal. [WJ5.25]

Complaints by crew (WJ5.30)

Under WJ5.30, the employer must undertake a full investigation of any complaints or concerns raised by foreign crew and co-operate fully with any Ministry of Business, Innovation and Employment (the Ministry) investigation of complaints. [WJ5.30]

Where the employer is not a New Zealand Company, the New Zealand Charter Party (NZCP) must provide assistance to the Ministry in investigating any complaints, and may make a separate investigation of complaints or concerns raised by foreign crew once notified of the same. [WJ5.30]

The employer (if it is a New Zealand Company) or the NZCP must ensure that foreign crew involved in any such complaint are made aware that they have the option of advice or representation from the New Zealand Fishing Industry Guild (NZFIG) or any other employee representative party they have nominated (that is not their manning agent). [WJ5.30]

Additionally, the NZCP must inform the Ministry and the NZFIG of any serious complaints, allegations or investigations concerning employment conditions and/or non-compliance with Immigration Instructions for Foreign Crew of Fishing Vessels. [WJ5.30]

Note: The Ministry and the NZFIG or other employee representative will inform the Employer (if it is a New Zealand Company) or the NZCP of any complaints, allegations or investigations as they become aware of them, such that the Employer or NZCP has the right and ability to conduct its own investigation. [WJ5.30]

Employment records (WJ5.35)

The employer must keep accurate, up-to-date records of:

• hours worked by each foreign crew member;
• deductions made from each foreign crew member's earnings;
• what payment is actually received by each foreign crew member and where and when payment is received; and
• the exchange rate used where payment is in foreign currency. [WJ5.35]

The employer must provide those records, as they relate to individual crew members, to that crew member or their authorised representative:

• when making any wage payments in cash, for the period to which the payment corresponds; and
• at any other time if requested by the crew member. [WJ5.35]

Audits (WJ5.40)

The Ministry of Business, Innovation and Employment (the Ministry), or any auditors engaged by the Ministry, may carry out regularly scheduled audits, as well as urgent audits or investigations. [WJ5.40]

Provision of information: At the commencement of any regularly scheduled audit, the employer (where it is a New Zealand company) or the New Zealand Charter Party (NZCP) must make the employment records detailed at WJ5.35 available, duly translated into English by an independent translator. [WJ5.40] The Ministry will endeavour to give reasonable notice of four weeks for any upcoming audit. [WJ5.40]

Where an urgent audit or investigation is necessary, the employer or the NZCP must make the requested documents available within the timeframes set by the Ministry or its auditors. [WJ5.40] The employer or the NZCP must also comply with any request for further information or records by the Ministry or its auditors within the timeframes specified at the time of the request. [WJ5.40]

Failure to provide information: Failure to provide records or information requested by the Ministry or its auditors within the specified timeframes may result in a failed audit and affect the status of any current and future Approval in Principle (AIP). [WJ5.40]

Conditions of employment for crew (WJ5.45)

The employer must ensure that foreign crew are employed under the conditions set out in WJ5.45. [WJ5.45]

Vessel working and living conditions

Facilities and provisions for foreign crew on board vessels must at least meet New Zealand safety standards, including the Health and Safety at Work Act 2015, and any applicable safety, marine protection, crew living and hygiene standards required by the Director of Maritime New Zealand. [WJ5.45] This includes ensuring:

• all crew have access to sufficient fresh water (including hot water);
• adequate food is provided in quantity and type;
• crew accommodation is clean and dry;
• each crew member has their own bed and suitable bedding;
• washing facilities and toilets are sufficient for the number of crew on board;
• the vessel carries adequate medical stores;
• at least one crew member holds suitable "ship's medic" qualifications;
• crew are provided with suitable protective clothing and equipment; and
• vessel safety and emergency drills are carried out on a regular basis. [WJ5.45]

Foreign crew welfare

The employer must ensure that foreign crew have access to:

• their manning agent (if applicable);
• medical and dental treatment;
• assistance with banking services (if requested);
• translation services (if requested);
• mail service; and
• New Zealand government agencies (Ministry of Business, Innovation, and Employment, Police, Customs, Primary Industries) if requested. [WJ5.45]

The employer must ensure that their representative is present at the vessel during port calls and is accessible to foreign crew at that time. [WJ5.45]

Employment agreements

The employer must ensure that crew employment agreements comply with the Employment Relations Act 2000. [WJ5.45]

Minimum remuneration

The minimum hourly wage for foreign crew depends on the date of the work visa application or associated Approval in Principle: [WJ5.45]

Date of application or AIP	Minimum wage (NZD per hour)
On and after 31 October 2025	$29.50
31 October 2024 – 30 October 2025	NZ minimum statutory hourly wage + $6
31 October 2023 – 30 October 2024	NZ minimum statutory hourly wage + $5
31 October 2022 – 30 October 2023	NZ minimum statutory hourly wage + $4
4 July 2022 – 30 October 2022	$27.76, or NZ minimum wage + $4 if part of a sector agreement
Before 4 July 2022	NZ minimum statutory hourly wage + $2

The minimum remuneration applies to all hours worked. [WJ5.45] The employment agreement must guarantee payment for at least 42 hours per week averaged over the engagement. [WJ5.45]

Allowable deductions: The only deductions that can be taken from foreign crew remuneration are:

• food (up to 10% of hours worked × the minimum wage);
• airfares to and from New Zealand; and
• Immigration New Zealand work visa application fees. [WJ5.45]

Deductions must be based on actual, reasonable, verified expenses. Personal expenses such as cigarettes, phone cards, and non‑protective clothing are not treated as deductions (they are effectively personal wage advances). [WJ5.45]

Allowable deductions cannot bring the hourly wage below the New Zealand minimum statutory wage for all hours worked. [WJ5.45]

Note: The current New Zealand minimum statutory hourly wage under the Minimum Wage Act 1983 is available at www.employment.govt.nz. [WJ5.45]

Frequency of remuneration payments

Crew must receive at least the minimum guaranteed remuneration in regular periodic payments, either monthly or at every port call, as specified in their employment agreement. [WJ5.45] Where crew have only received the minimum remuneration, any outstanding wages for hours worked above 42 hours per week must be paid at least 24 hours before departing New Zealand. [WJ5.45]

Payment of crew wages

The employer must make a personal, individual New Zealand bank account available to each foreign crew member. [WJ5.45] The default wage payment method must be direct credit into that account. [WJ5.45]

Foreign crew members who elect to receive cash instead must notify the employer in writing in their own language. It is solely at the foreign crew member's discretion to refuse the bank account. [WJ5.45] The employer, manning agents, crew representatives, and any person associated with them, may not have access to, or Power of Attorney over, any foreign crew member's New Zealand bank account. [WJ5.45]

If cash payment is made in a foreign currency, the exchange rate used must be recorded and notified to the foreign crew member at the time of payment. [WJ5.45]

Foreign crew members must receive a final payslip at least 24 hours before their departure from New Zealand. [WJ5.45]

Effective 26 September 2025.

Departure procedure (WJ5.50)

1. Wherever possible, the New Zealand employer or the New Zealand Charter Party (NZCP) must endeavour to have out-going foreign crew transported to their airport of departure. Where practicable, the employer or NZCP must also seek the assistance of airport officials in accompanying foreign crew to the boarding gate. [WJ5.50]
2. The employer must give sufficient notice of at least 24 hours of crew departure to allow crew members the opportunity to contact and meet with their authorised representative before departing New Zealand. [WJ5.50]

Note: Where foreign crew depart with the vessel, as opposed to via a foreign flight, compliance with (a) above is not required. [WJ5.50]

Interpretation & edge cases

Definitions

• Acceptable manning agent: An acceptable manning agent is a manning agent who meets the requirements set out at WJ5.30. [WJ4] Acceptable agents for the recruitment and placement of foreign crew are defined as those that:
  1. are a public service, or a publicly licensed private service, where such a service exists;
  2. are remunerated (if at all) solely by the employer (or employer's agent) and require no fees whatsoever from foreign crew members for the recruitment or placement of foreign crew; Note: the reasonable costs of the national statutory medical examination, certificates, a personal travel document and the national seafarer's book shall not be deemed to be "fees";
  3. do not hold collateral from foreign crew (such as work or identification documents, passports, money or other property) for any reason, especially when it has the effect of preventing foreign crew from leaving their contract;
  4. do not use coercion, duress or undue influence of any kind to recruit workers; and
  5. are not known to have any history of engaging in debt bondage, human trafficking or other exploitative practices. [WJ4.20]
• Approval in Principle (AIP): An Approval in Principle, or AIP, reflects the Minister of Immigration's approval for a New Zealand employer (or a New Zealand charter party, NZCP) to recruit foreign crew for a specified fishing vessel. It is not an offer nor a guarantee of a work visa, and must not be represented as such. [WJ4]
• Crew: Crew means all persons working on board a specified fishing vessel who are directly employed by the New Zealand employer, employed by a foreign charter party (FCP) where a NZCP has chartered the vessel, or employed via a manning agent, excluding the master, supernumeraries (except fisheries observers or certain certificate holders), and non-crew personnel. [WJ4]
• Crew change: A crew change is where, during an AIP period, foreign crew members already working on board a vessel are replaced by other foreign crew members. [WJ4]
• Foreign charter party (FCP): A foreign charter party is a foreign company that charters a vessel to a New Zealand charter party for fishing in New Zealand waters, and may supply crew. [WJ4]
• Foreign crew: Foreign crew refers to any foreign crew member (including staff who do not fish, such as processors) working on fishing vessels in New Zealand fisheries waters as defined in section 2(1) of the Fisheries Act 1996. [WJ4.15]
• Manning agent: A manning agent is a person or company whose business is the placement or facilitation of employment for crew on a specified fishing vessel. [WJ4] Specifically, a "Manning Agent" refers to an overseas manning agent engaged by either the employer or a foreign crew, to assist in either placing or recruiting suitably experienced foreign crew. [WJ4.20]
• Minimum acceptable standard of accommodation: The minimum acceptable standard of accommodation for foreign crew on board a fishing vessel is compliance with Maritime Rules Parts 31B and 31C, Maritime New Zealand safe ship management requirements, the Maritime Labour Convention 2006 (where applicable), the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014, and any other prescribed requirements. [WJ4]
• New Zealand charter party (NZCP): A New Zealand charter party is a New Zealand company that charters a vessel from a foreign charter party for fishing in New Zealand waters and is, with the New Zealand employer, jointly responsible for compliance with the foreign crew of fishing vessels instructions. [WJ4]
• New Zealand employer: A New Zealand employer is the operator of a New Zealand fishing vessel, a New Zealand company that employs crew, or, where a vessel is chartered, the NZCP. [WJ4]
• Port: Port means the first New Zealand port of arrival after a vessel enters New Zealand waters. [WJ4]
• Specified fishing vessel: A specified fishing vessel is a vessel that is a New Zealand ship, is used for fishing in New Zealand waters, and carries foreign crew working under these instructions. [WJ4]
• Welfare Manager: A Welfare Manager is a person appointed by the New Zealand employer and based in New Zealand who is responsible for the welfare of foreign crew while in New Zealand, including meeting crew on arrival, arranging travel and accommodation, ensuring access to pastoral care, assisting with issues (health or employment), arranging crew changes, keeping records, and reporting to INZ as required. [WJ4]

The threshold of seven overseas crew is calculated per vessel, not per employer. [WJ1] The 12‑month period runs from the intended start date or the grant of the AIP. [WJ1]

Exemption as exception to instructions

Where an exemption under section 103A of the Fisheries Act 1996 has been granted and the employer is pursuing an AIP or visa application for foreign crew, the application is treated as an exception to the normal WJ instructions. [WJ1.15] Immigration officers must then assess whether the employer meets the requirements that a New Zealand employer would have to satisfy under those instructions, even though the vessel is not a New Zealand ship. [WJ1.15]

Citations

• WJ — Foreign crew of fishing vessels
• WJ1 — Overview
• WJ1.5 — Objective
• WJ1.10 — AIP Process
• WJ1.15 — Exemptions from the requirement to be a New Zealand ship
• WJ2 — Requests for Approval in Principle
• WJ2.1 — Genuine attempts to fill crew positions
• WJ2.5 — Sound financial position evidential requirements
• WJ2.10 — Fit and proper person test
• WJ3 — Granting of an Approval in Principle
• WJ3.1 — Significant non-compliance of AIP conditions
• WJ4 — Definitions
• WJ4.15 — Foreign crew
• WJ4.15.1 — Acceptable manning agents
• WJ4.20 — Manning agent
• WJ5 — Employer responsibilities and obligations
• WJ5.5 — Manning agents
• WJ5.10 — Sponsorship
• WJ5.15 — Arrival of crew in New Zealand
• WJ5.20 — Foreign crew education
• WJ5.25 — Desertion
• WJ5.30 — Complaints by crew
• WJ5.35 — Responsibility to keep and make available accurate employment records
• WJ5.40 — Audits
• WJ5.45 — Conditions of employment for crew
• WJ5.50 — Departure procedure
• WJ6 — Applications for work visas for foreign crew of fishing vessels
• W2.10.15 — Non-compliance with employer requirements
• W2.10.20 — Requirements for employer accreditation
• Appendix 10 — Rules for non-compliant employers (employment standards-related non-compliance)
• Appendix 18 — Rules for non-compliant employers (immigration non-compliance)
• WJ6.1 — Application requirements
• WJ5.45.10 — Conditions of employment for crew
• E6.5 — Acceptable sponsors
• E6.5.1 — Acceptable sponsors
• W2.10 — Generic work visa instructions
• WJ6.5 — Additional requirements for non-Approval in Principle applicants
• WJ6.10 — Work experience
• WJ6.15 — Conditions of the work visa