Ensuring our transport system helps New Zealand thrive

Consultation DocumentMARITIME LABOUR CONVENTIONJune 2014

ISBN

: 978-0-478-07269-3

Discussion paper

Page 1 of 13

HAVE YOUR SAY – SHOULD NEW ZEALAND BECOME A PARTY TO THE MARITIME LABOUR CONVENTION, 2006?

This discussion paper seeks your views on whether it is in New Zealand’s best interests to become a party to the Maritime Labour Convention, 2006. The closing date for submissions is Friday 11 July 2014.

Contents

What is the Maritime Labour Convention, 2006? ................................................................... 1

Why is New Zealand considering the Maritime Labour Convention, 2006? ........................... 2

Who would it affect? .............................................................................................................. 2

What about fishing vessels? .................................................................................................. 3

What does the Maritime Labour Convention, 2006, require? ................................................. 3

What would this mean in practice? What will be the costs and impacts of New Zealand becoming a party to the Maritime Labour Convention, 2006?................................................ 9

Impact of potential new requirements on New Zealand ships ............................................ 9

Inspection and certification requirements – impact on New Zealand ships ........................ 9

Impact on foreign ships and shipping costs ..................................................................... 11

Recruitment and placement services ............................................................................... 11

Implementation costs ....................................................................................................... 11

What do you think? ............................................................................................................. 12

Making a submission........................................................................................................... 12

What comes next? .............................................................................................................. 12

Contact details .................................................................................................................... 12

What is the Maritime Labour Convention, 2006?

The Maritime Labour Convention, 2006, is an international treaty adopted by the International Labour Organization. It came into force internationally in August 2013. It was developed over a number of years through negotiations between governments, shipping and employer representatives, and unions to ensure that its provisions are sensible, pragmatic and reflect operating best practice. It pulls together and updates a number of existing International Labour Organization standards and conventions, many of which New Zealand has already adopted. There are now 53 member countries, representing 80 percent of the world’s ships.1

The Maritime Labour Convention, 2006, sets minimum standards to address the health, safety and welfare of seafarers in areas such as:

conditions of employment

accommodation

recreational facilities

food and catering

health protection

medical care

welfare and social protection issues

In becoming a party to the Maritime Labour Convention, 2006, a country is required to implement domestic law to ensure that its ships, and foreign ships entering its ports, meet the Convention’s minimum standards.

1 By gross tonnage. As at 31 March 2014.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 2 of 13

Why is New Zealand considering the Maritime Labour Convention, 2006? Current New Zealand laws, and employment conditions on New Zealand ships, are considered to be of a high international standard, and are largely consistent with the standards of the Maritime Labour Convention, 2006. However, New Zealand has only a small merchant shipping fleet, which operates almost exclusively within New Zealand. New Zealand is reliant on foreign shipping to carry its imports and exports. Around 890 foreign ships, including cargo vessels and cruise liners, make around 2,250 visits to New Zealand a year, making around 6,000 port stops. Becoming a party to the Maritime Labour Convention, 2006, will give New Zealand jurisdiction to inspect and verify that foreign ships carrying New Zealand’s goods treat their crew fairly, and in accordance with internationally accepted standards. Becoming a party to the Convention will also protect the reputation of New Zealand exports, given that more than 99 percent2 of New Zealand’s export goods are transported by these foreign ships. The Maritime Labour Convention, 2006, is being strongly championed by international groups, such as the International Labour Organization and the International Maritime Organization, and regional groups, such as the Tokyo Memorandum of Understanding on Port State Control in the Asia Pacific Region Committee, and is expected to achieve near universal membership worldwide. Who would it affect? If New Zealand became a party to the Maritime Labour Convention, 2006, its standards would apply to all ships that are:

New Zealand registered, or foreign registered and operating in New Zealand, excluding ships that navigate exclusively in restricted limit areas (enclosed water and inshore limits) 3

of 200 gross tonnage and over4, or smaller ships engaged in international voyages

ordinarily engaged in commercial activities, excluding ships engaged in fishing or in similar pursuits.

A table of the New Zealand ships that are likely be affected by New Zealand becoming a party to the Maritime Labour Convention, 2006, is provided below. Seafarers covered by the Convention are defined as “all persons who are employed or are engaged or work in any capacity on board a ship”. This includes not just the crew involved in navigating or operating the ship but also, for example, persons working in hotel positions that provide a range of services for passengers on passenger ships or yachts.

2 By volume, or around 86 percent by value.

3 As defined and explained in Maritime Rule Part 20 – Operating Limits

4 New Zealand intends to exclude ships of less than 200 gross tonnage that are not engaged in

international voyages, as permitted under the convention, subject to ongoing consultation with the Council of Trade Unions and Business New Zealand.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 3 of 13

Table of New Zealand ships likely to be affected

Ship Number

Container ships and bulk carriers 8

Tugs that travel outside harbour limits 8

Cook Strait ferries 4

Oil or other tankers 3

Milford sound cruises 3

Research and survey vessels 3

Dredging vessels 1

Charter yachts 1

Total 31

What about fishing vessels?

The Maritime Labour Convention, 2006, does not relate to fishing vessels, which are covered by a parallel convention5, which is not yet in force. However, the government has committed to a range of measures to ensure the fair treatment of crews on fishing vessels and vessel safety. It will be compulsory for all foreign charter fishing vessels to be reflagged as New Zealand ships by 2016, bringing them under New Zealand law to ensure appropriate health, safety and labour conditions for crew, and sustainable and lawful fishing practices.

What does the Maritime Labour Convention, 2006, require?

The Maritime Labour Convention, 2006, sets minimum standards relating to the living and working conditions of seafarers on board ships. It lays out the responsibilities of ship owners, flag states and port states, and regimes to ensure that its standards are complied with and enforced.

If New Zealand became a party to the Maritime Labour Convention, 2006, its standards and requirements would have to apply in New Zealand. Many of these standards and requirements are already implemented through New Zealand legislation.

Officials have undertaken a preliminary analysis of the Convention.6 The following tables

outline:

the requirements of the Maritime Labour Convention, 2006

where New Zealand law7, policy and practice is considered to be consistent with theConvention

areas where there are likely to be new requirements if New Zealand were to become aparty to the Convention.

5 Work in Fishing Convention, 2007 (No. 188).

6 This discussion paper is based on preliminary analysis by the Ministry of Transport and the Ministry

of Business, Innovation and Employment. It is subject to ongoing discussions with the Council of Trade Unions, Business New Zealand, and the International Labour Organization, as well as submissions provided in response to this discussion paper, and a complete legal review. 7 The Maritime Labour Convention, 2006, would be implemented primarily in the Maritime Transport

Act 1994 and in maritime rules. Obligations will also be given effect through general legislation concerning labour, occupational health and safety, accident compensation and social welfare.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 4 of 13

Any legislation amendments required to implement the requirements of the Convention

would be subject to the usual consultation processes.

The tables follow the structure of the Maritime Labour Convention, 2006. Areas where there are likely to be new requirements are coloured orange. More information on the Maritime Labour Convention, 2006, and a copy of the full text is available at: http://www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm. More detailed information on potential new requirements if New Zealand were to become a party to the Convention can be provided on request. Contact details are provided on the last page.

Minimum requirements for seafarers to work on a ship

Minimum age The Convention requires that employment, engagement or work on board a ship of any person under the age of 16 shall be prohibited.

New Zealand legislation prohibits the employment of seafarers of an age that requires them to be enrolled at a school – which is up to the age of 16 years.

The Convention requires night work to be prohibited for seafarers under 18 years.

There is no current New Zealand equivalent law.

The Convention requires seafarers under 18 to be prohibited from work that is likely to jeopardise their health or safety.

New Zealand legislation currently restricts seafarers under the age of 18 from working as a trimmer or stoker.

Medical certificate The Convention requires that seafarers must be certified as medically fit to perform their duties.

Currently, New Zealand legislation requires medical certificates for seafarers undertaking any duties requiring a qualification for working on New Zealand ships which are SOLAS ships (foreign going passenger ships, non-passenger ships of 500 tons gross tonnage or more, and other New Zealand ships of 45 metres or more in length which proceed beyond restricted limits), and for all seafarers under the age of 18. Some extension of this requirement may be required to include a broader range of seafarers.

Training and qualifications

The Convention requires that seafarers be trained or certified as competent to perform their duties on board ship, and must have successfully completed training for personal safety on board ship.

New Zealand’s training and qualification requirements and safe ship management practices are consistent with the Convention.

Recruitment and placement

The Convention sets requirements for seafarer recruitment and placement services, and requires that they be provided without charge to the seafarer.

Under the Maritime Transport Act 1994, seafarer recruitment and placement services are not allowed to charge seafarers for their services.

The Convention requires that ships that use overseas recruitment services have a system in place to verify that these services meet the Convention’s standards.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 5 of 13

Conditions of employment

Employment agreements

The Convention requires that all seafarers have an employment agreement, and outlines what the agreement should cover.

New Zealand legislation governing the provision of employment agreements is consistent with the Convention.

Wages The Convention requires that seafarers be paid regularly and in full, at no greater than monthly intervals, in accordance with their employment agreements. Measures should be taken to provide seafarers the means to transmit all or part of their earnings to their families or dependants.

New Zealand legislation relating to payment of wages is broadly consistent with the Convention.

Hours of work and rest

The Convention requires that the minimum hours of work and rest be regulated for work on account of the ship, and that records of seafarers’ daily hours of work or rest be kept and endorsed by the ship’s master and the seafarer.

Currently New Zealand legislation only regulates minimum hours of rest and record keeping for navigational and safety-critical roles on ships in accordance with International Maritime Organization conventions (for watchkeeping and engine-room duties). This may need to be revised to consider any other duties “undertaken on account of the ship”.

Entitlement to leave

The Convention requires that seafarers be given paid annual leave, with a minimum of 2.5 calendar days of leave per month of employment (30 calendar days a year).

New Zealand legislation currently provides a minimum of four weeks annual leave (28 calendar days a year). In practice, most New Zealand seafarers are granted annual leave in excess of the current legal minimum. Seafarers working on ships (other than fishing vessels) undertaking long periods of sea service typically work one week on and one week off. No change is proposed.

The Convention requires that seafarers be granted appropriate shore leave.

There are currently no specific provisions requiring shore leave in New Zealand legislation. No change is currently proposed – The Ministry of Transport would be interested in any feedback on access to shore leave.

Repatriation The Convention sets out the circumstances in which seafarers are entitled to repatriation, at no cost to themselves.

New Zealand legislation is based upon the previous International Labour Organization convention. A minor update will be needed, specifically to ensure that seafarers have a right to repatriation if either the shipowner or the seafarer terminates their employment agreement, or if the seafarer’s employment agreement expires while they are abroad. This change is only relevant to New Zealand ships undertaking international travel.

Seafarers’ compensation for the ship’s loss or foundering

The Convention requires that seafarers be entitled to adequate compensation in the case of injury, loss or unemployment arising from the ship’s loss or foundering.

New Zealand legislation and public services are consistent with the Convention.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 6 of 13

Manning levels The Convention requires that ships have a sufficient number of seafarers employed on board to ensure that ships are operated safely and efficiently, taking into account concerns about fatigue and the nature and conditions of the voyage.

New Zealand legislation governing minimum crewing levels is consistent with the Convention.

Career development opportunities

The Convention requires that there be national policies aimed at strengthening the competencies, qualifications and employment opportunities of seafarers.

The New Zealand qualifications frameworks are designed to meet the needs of commercial maritime operations and promote entry into the maritime workforce and career progression, while maintaining the quality of qualifications and training.

Accommodation, recreation facilities, food and catering

Accommodation and recreational facilities

The Convention sets minimum standards for the provision of accommodation and recreational facilities, including the size of rooms, heating and ventilation, noise and vibration, sanitary and related facilities, lighting, and hospital accommodation.

The existing maritime rules governing accommodation and recreational facilities are based on the previous International Labour Organization conventions. Minor technical changes in the Maritime Labour Convention, 2006, update the old standards. Most of the requirements relate to ship design, which will only apply to new ships built after the Convention is in force, so will not have any impact on existing New Zealand ships.

Food and catering

The Convention requires that ships carry food and drinking water of appropriate quality, nutritional value and quantity, without charge. It also requires that regard be given to religious requirements and cultural practices of seafarers.

New Zealand legislation covering employer’s duties in relation to seafarers on New Zealand ships requires employers to provide food and water supplies, which are suitable in respect of quantity, nutritive value, quality and variety.

The Convention requires that ship’s cooks with the responsibility for food preparation be trained and qualified. On ships that do not require a qualified cook, anyone processing food in the galley must be trained or instructed in such areas, including on food and personal hygiene and handling and storage of food on board ship.

In New Zealand, cooks on vessels of over 1,000 gross tonnage are required to have appropriate training in line with the Convention.

For smaller vessels, guidance material may need to be developed to inform the development of operator’s safe operational plans to ensure that these matters are managed as required.

The Convention requires that frequent document inspections are carried out on ships regarding food preparation areas and food supplies.

An update of maritime rules would clarify this requirement.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 7 of 13

The Convention prohibits seafarers under the age of 18 working as a ship’s cook.

This is not prohibited under current New Zealand legislation. However, the qualification requirements for cooks on vessels of over 1,000 gross tonnage operating in the unlimited area provide some controls due to the time required to complete training. No change is currently proposed – The Ministry of Transport would be interested in any feedback on this aspect.

Health protection, medical care, welfare and social security protection

Medical care on board ship and ashore

The Convention requires adequate measures for the protection of seafarers’ health, and access to prompt and adequate medical care.

New Zealand legislation is consistent with the Convention, with employer responsibilities outlined in the Maritime Transport Act 1994, and with the provision of ACC and the public health system.

Shipowners’ liability

The Convention requires financial assistance and support for seafarers as a result of sickness, injury or death.

New Zealand legislation and practice is consistent with the Convention, with employer responsibilities outlined in the Maritime Transport Act 1994, and with the provision of ACC and the public health system.

Health and safety protection and accident prevention

The Convention requires national laws and regulations for the provision of safe and hygienic working conditions, occupational health and safety protection, and accident prevention on ships.

New Zealand work health and safety, and maritime legislation is consistent with the Convention.

Access to shore-based welfare facilities

The Convention requires shore-based welfare facilities, if they exist, to be accessible to all seafarers, and for the regular review and promotion of the development of such facilities to meet the needs of seafarers.

New Zealand has 11 shore-based welfare facilities, covering all international ports except Lyttelton. They are co-ordinated by the Seafarers’ Welfare Board for New Zealand.

Social security The Convention requires social security protection for seafarers that is no less favourable than what is provided to shore workers.

New Zealand legislation is consistent with the Convention, with seafarers treated the same as other workers.

Compliance and enforcement

Flag state responsibilities

(enforcement for New Zealand ships)

The Convention requires members to inspect and certify the labour conditions on its ships of 500 gross tonnage and over, and travelling internationally or operating overseas, with certificates lasting up to five years, with an interim inspection between years two and three.

There is already a certification and inspection regime in place for New Zealand ships of 500 gross tonnage or over, which are engaged in international voyages, or operate in a foreign country. This would be expanded to include certification and inspection in accordance with the Convention.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 8 of 13

The Convention requires members to have an effective and coordinated system of regular inspections, monitoring and other control measures to ensure that its ships comply with the requirements of the Convention, as implemented in national legislation, with inspections at least every three years.

Existing inspections and other monitoring measures will ensure that all New Zealand ships (other than fishing vessels) of greater than 200 gross tonnage, or smaller ships travelling internationally, comply with the national legislation that implements the Convention.

Flag state responsibilities

(enforcement for New Zealand ships) cont.

The Convention requires that ships have on-board procedures for the fair, effective and expeditious handling of seafarer complaints.

New Zealand employment legislation requires every New Zealand employment agreement, collective or individual, to contain a provision explaining in plain language how employment relationship problems are to be dealt with and resolved.

The Convention requires New Zealand to hold official inquiries into any serious marine casualty, leading to the injury or loss of life involving a New Zealand ship.

Official inquiries and investigations into serious marine casualties leading to injury or loss of life are carried out by Maritime New Zealand and/or the Transport Accident Investigation Commission.

Port state responsibilities

(enforcement for foreign ships coming into New Zealand ports)

The Convention requires members to have an effective port state inspection and monitoring regime to ensure that working and living conditions for seafarers on ships entering the ports of the member meet the minimum standards of the Convention.

The Convention enables any foreign ship calling into a member’s port to be subject to inspection in accordance with the Convention. Up-to-date certification would be taken as evidence of compliance, unless there is reasonable evidence to suggest otherwise.

New Zealand already undertakes port state control inspections for foreign ships in regard to other international Conventions. This regime would be expanded to include enforcing the Maritime Labour Convention, 2006. Legislation and rule amendments would be required to ensure that there is authority to do this.

The Convention requires that seafarers on ships coming into New Zealand ports have the right to report complaints, with follow up and investigations where appropriate, and appropriate steps taken to safeguard confidentiality.

Maritime New Zealand has a procedure for handling complaints. All complaints are logged and are treated as confidential.

Labour-supplying responsibilities

The Convention requires an inspection and monitoring system for any private recruitment and placement services, whose primary purpose is the recruitment and placement of seafarers, or which recruit and place a significant number of seafarers. A process for investigating any complaints is also required.

There is currently no regime in place for this in New Zealand. It is not known whether there are any services of this nature in New Zealand.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 9 of 13

What would this mean in practice? What will be the costs and impacts of New Zealand becoming a party to the Maritime Labour Convention, 2006? The Maritime Labour Convention, 2006, was developed over a number of years through negotiations between governments, shipping and employer representatives, and unions to ensure that its provisions are sensible, pragmatic and reflect operating best practice. It represents internationally-accepted minimum standards that are designed to provide a level playing field for shipping, and strengthen the shipping industry. It is not expected to create any material costs for ship operators, or impact on shipping costs.

Impact of potential new requirements on New Zealand ships As New Zealand legislation is already largely consistent with the Maritime Labour Convention, 2006, New Zealand ship owners and operators will not have to make significant changes to their current practices in order to implement the Convention. The main implications for New Zealand ships would be legislative changes for ships (other than fishing vessels) of greater than 200 gross tonnage, or smaller ships travelling internationally, requiring:

medical certificates for a broader range of seafarers, perhaps all those “undertaking work on account of the ship”, rather than just for duties requiring a qualification for working on larger ships, and for young persons

minimum hours of rest and record keeping requirements for a broader range of seafarers, to cover all duties undertaken on account of the ship, rather than just engine room and watchkeeping duties

night work to be prohibited for seafarers under the age of 18

ships that use recruitment services to have a system in place to verify that these services meet the Convention’s standards, for example: that the service holds a certificate of compliance

minor or technical changes relating to repatriation, guidance on food preparation and the inspection of food preparation areas, and the construction design of new ships.

Additional medical certificate requirements may result in small additional cost, and time cost to affected seafarers, or their employers. Medical certificates are current for two years, at a cost of around $220, and take around one hour. Additional minimum requirements for hours of rest are expected to reflect operating best practice and so are not expected to impact on productivity or labour requirements for most New Zealand vessels. No material costs or impacts for seafarers, shipowners or ship operators are expected from the other legislative changes. Inspection and certification requirements – impact on New Zealand ships For most New Zealand ships covered by the Convention, existing inspection, monitoring and control mechanisms would be used to ensure New Zealand ships comply with the requirements of the Convention, as implemented in national legislation. This would require only marginal additional inspection time, ship time, and associated costs.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 10 of 13

Maritime Operator Safety System (MOSS) vessels

17 of the New Zealand ships likely to be affected operate under New Zealand’s Maritime Operator Safety System regime. Under this regime, audits will vary according to the operator’s operating record and risk level, but audits will typically be conducted in the second, fifth and eighth years of an operation. These vessels will be inspected for compliance with the Maritime Labour Convention, 2006, as given effect in New Zealand legislation, with inspections aligned where possible with this audit regime. It is estimated that this will add one hour to the inspection and audit time, which would cost an additional $192 (including GST) based Maritime New Zealand’s current charge-out rates. Current Maritime Operator Safety System audits costs are around $1,400 – $3,300 (including GST) for a one or two ship operation, and between $2,500 and $5,600 (including GST) for an operation with around 10 vessels. The additional hour represents an increase of between 4 and 14 percent, depending on the size of the operation.

SOLAS and NZ ISM vessels

The other 14 New Zealand ships likely to be affected are SOLAS ships8 and/or operate under the International Safety Management Code regime. These vessels are currently subject to annual flag state inspections. For these vessels, compliance with the Maritime Labour Convention, 2006, as given effect in New Zealand legislation will be inspected on an annual basis as part of the existing process. It is estimated that this will add a maximum one hour to each annual inspection, which would cost $192 based on Maritime New Zealand’s current charge-out rates. Current annual inspections are estimated to take between 6 and 10 hours, at a cost of $1,155 to $3,840. The additional hour represents an increase of between 5 and 17 percent. In addition to the above, for ships of 500 gross tonnage or over that travel internationally, or operate overseas, there would be additional inspection and certification requirements. There are currently three such New Zealand vessels. The additional inspection requirements for the inspections every five years for compliance with the Maritime Labour Convention, 2006, for these ships are estimated to take around four to five hours at a cost to the shipowner of around $1,350, based on Maritime New Zealand’s current charge-out rates. Interim Maritime Labour Convention, 2006, inspections between years two and three would also be required, which would cost around $870 (including GST), based on Maritime New Zealand’s current charge-out rates. Where possible these additional inspections and certification requirements would be built into the existing inspection and audit regime. These functions may be allocated to a classification society, in which case inspection costs may be in the order of $8,600 per ship per five year inspection cycle.9 There may be delays for ships that are unable to demonstrate compliance with the Convention. Having a Maritime Labour Convention, 2006, certificate will allow these ships to prove compliance at overseas ports, and so avoid the cost of overseas port state inspections, and may represent a cost saving.

8 A SOLAS ship (as defined in Maritime Rule Part 21) is any ship to which the International

Convention for the Safety of Life at Sea 1974 applies 9 Based on Australian estimates in its Maritime Labour Convention Regulation Impact Statement,

which estimated AU$7,500 per ship in each five year inspection cycle, in 2011.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 11 of 13

Impact on foreign ships and shipping costs

Foreign ships operating in, or coming to, New Zealand would have to implement the requirements of the Convention. However, as near universal membership of the Convention worldwide is expected, most international voyaging ships will already need to comply with the Convention.

Foreign ships would be inspected in parallel with the existing port state control regime, and a certificate of compliance is taken as proof of compliance. So for most ships (currently 80 percent of the world’s fleet and increasing) there will be no additional inspection or time costs.

For the few ships without a certificate, most will have to comply with the Convention because they will travel to other countries that are members of the Convention. However, for vessels without proof of compliance, or if there is reasonable evidence to suggest non-compliance, there may be some additional inspection required, with associated costs and ship time costs. Based on Australian estimates, these inspections may take an extra half to one-and-a-half hours.

On rare occasions, where serious deficiencies are found, ships may be detained, with associated ship time costs. Currently only around 3 percent of inspections for existing conventions result in a detention.

Recruitment and placement services

A simple inspection and monitoring system for any private recruitment and placement services operating in New Zealand may be required. It would apply to services whose primary purpose is the recruitment and placement of seafarers, or which recruit and place a significant number of seafarers. There is currently no regime in place for this in New Zealand, and it is not known whether there are any services of such a nature in New Zealand. This consultation may identify the need for any action in this area.

Implementation costs

There will be some minor implementation costs for government agencies, primarily Maritime New Zealand, but these costs are expected to be low and will be managed from existing funding, and will not require any changes to levies or charges, or additional government funding.

Have your say – Should New Zealand become a party to the Maritime Labour Convention, 2006?

Page 12 of 13

What do you think?

Is it in New Zealand’s best interests to become a party to the Maritime Labour Convention, 2006? Submissions are invited from all interested parties.

Your feedback will be included and inform the Ministry of Transport’s advice to the government on whether or not New Zealand should become party to the Maritime Labour Convention, 2006.10 It will also inform consideration of the legislative changes necessary to implement the Maritime Labour Convention, 2006.

Making a submission

To help you with your submission, a template can be found in Appendix 1.

When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of an organisation, please make it clear who the organisation represents and, where applicable, how the views of the members were assembled.

Submissions, or information contained in submissions, may be subject to public release or to disclosure under the Official information Act 1982. This Act requires information to be made available to requesters unless there is good reason, pursuant to the Act, to withhold the information. If you want the information that you provide to be treated as confidential, please clearly identify the material and why you wish the information to be withheld.

The closing date for submissions is Friday 11 July 2014.

What comes next?

If the government agrees to New Zealand becoming a party to the Maritime Labour Convention, 2006, a Parliamentary Select Committee will consider the text of the Maritime Labour Convention, 2006, and the Ministry of Transport’s National Interest Analysis.

Should Parliament support New Zealand becoming a party to the Convention, amendments to the Maritime Transport Act 1994 and possibly other primary legislation, as well as subsequent rules or regulations will be drafted to implement the Convention in New Zealand. Any amendments would be subject to the usual consultation processes.

Once New Zealand legislation is fully consistent with the Convention, New Zealand would then deposit the necessary instruments to become a party to the convention with the International Labour Organization.

Contact details

Please email your submission to: or you may post it to: Maritime Labour Convention MLC2006@transport.govt.nz Ministry of Transport

PO Box 3175 WELLINGTON 6140

If you have any questions in relation to this discussion paper, or on making a submission please contact the Ministry of Transport, by email at MLC2006@transport.govt.nz or by phone on (04) 439 9000.

10 A National Interest Analysis on becoming a party to the Maritime Labour Convention, 2006 will be

provided to government. It will include a summary of the feedback from this consultation.

Appendix 1: Maritime Labour Convention, 2006, discussion paper response template

This submission template is suggested for your feedback and comments on the discussion paper. The closing date for submissions is Friday 11 July 2014.

Please email your submission to: or you may post it to: Maritime Labour Convention MLC2006@transport.govt.nz Ministry of Transport

PO Box 3175 WELLINGTON 6140

Contact Details

Name of submitter

Address

Phone

Email

Are you submitting as an individual or on behalf of an organisation

Individual / On behalf of an organisation

May we contact you to discuss your submission?

OK to contact / Please do not contact

If submitting on behalf of an organisation:

Organisation you represent

Who the organisation represents

How the views of the members were assembled

Disclosure of information Your submission, or the information it contains, may be subject to public release, or to disclosure under the Official information Act 1982. Persons making submissions that include commercially or otherwise sensitive material that they wish the Ministry to withhold under the Act should clearly identify the relevant information and the applicable grounds under which the Ministry could withhold the information

Is this information commercially or otherwise sensitive?

OK to disclose / Sensitive material – please do not disclose the information that I have identified

Do you wish for your comments to be disclosed publicly?

OK to disclose / Please do not disclose

If you are an individual, do you wish for your identity to be disclosed?

OK to disclose / Please do not disclose

Questions sought for comment

Should New Zealand become party to the Maritime Labour Convention, 2006?

Yes / No

If yes, why? If not, why not?

Are there other costs or impacts that need to be considered?

Any other comments

For more information contact the Ministry of Transport by email at MLC2006@transport.govt.nz or by phone on (04) 439 9000.