The only specialised marine publication in Oceania that focuses on the maritime industry, from super yachts to small craft to large commercial ships, including coastal shipping, tugs, tow boats, barges, ferries, tourist, sport-fishing craft
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TM EDITORIAL Incorporating New Zealand Workboats, NZ Professional Skipper & Oceans maritime industry since 1996 Servicing the ISSN 1176-3078 ISSN 1176-8665 is published by: VIP Publications, 4 Prince Regent Drive, Half Moon Bay, Auckland 2012 Ph 09 533 4336 Fax 09 533 4337 Email keith@skipper.co.nz advertising@skipper.co.nz website: www.skipper.co.nz Editor: Keith Ingram Manager: Vivienne Ingram Editorial assistant: Sandra Gorter Contributors: Baden Pascoe Carol Forsyth Michael Pignéguy Hugh Ware, USA David Ledson Daniel Corbett Stuart Cawker Bruce Duncan Margaret Wind R. Lea Clough Lynton Diggle Trevor Coppock Karyn van Wijngaarden Louise Deehan-Owen Rod McCullum Sandra Gorter Jeff Cook Mark Barrett-Boyes Justine Inns Advertising: Designer: Printers: Distribution: Hamish Stewart Rachel Walker GEON Gordon and Gotch Ltd Subscriptions: Professional Skipper is published for the maritime transport industry. It is available on subscription in NZ and overseas. General: Reproduction of articles and materials published in Professional Skipper in whole or part, is permitted provided the source and author(s) are acknowledged. However, all photographic material is copyright and written permission to reproduce in any shape or form is required. Contributions of a nature relevant to the maritime transport industry are welcomed and industry participants are especially encouraged to contribute. Letters to the Editor should be signed and carry the writer's full name and address. Articles and information printed in Professional Skipper do not necessarily reflect the opinions or formal position or the publishers unless otherwise indicated. Material and information of a formal nature provided by the MSA, MoF or TAIC is identified by the use of their logo. All material published in Professional Skipper is done so with all due care as regards to accuracy and factual content. The publishers and editorial staff however cannot accept responsibility for any inadvertent errors and omissions which may occur. Professional Skipper is produced bi-monthly. Finalist 2008 Qantas Media Awards JUDGED HIGHLY COMMENDED EDITOR OF THE YEAR – MPA AWARDS 2009 I Positive outcomes move at a snail's pace n the last issue we were somewhat critical of Maritime New Zealand passing the buck in regards to the unfortunate sinking of the classic yacht Gypsy. It would also be fair to say that as an industry advocate I was pretty vocal both publically and at the recent MTA seminar with Maritime NZ regarding what appeared to be inconsistencies within Maritime NZ's investigative system, especially when they chose not to investigate a collision between two recreational craft resulting in the sinking of the Gypsy and the near fatality of the crewmember, Jill Hetherington from her injuries. Yet they investigated a close quarters situation between a commercial craft and a small anchored recreational fishing boat that occurred 20 minutes earlier in the same race start area. Before we get too critical of the system and the reasons why, there is always two sides to a story. We now understand that Maritime NZ has reviewed the circumstances surrounding this incident and the decision has been made to investigate the Gypsy incident. We can ask no more. Moving onto the recent debate over foreign charter vessels, when the report of the Ministerial Inquiry into the use and operation of FCVs was published in late February, it made a series of recommendations on how the problems arising from FCVs can be mitigated. action to ensure the safety of seafarers. Sadly, we have yet to see high level, concerted action by the Departments of Labour and Immigration to investigate the "scam" around the non-payment of wages and to prosecute vessel owners who have refused to pay the minimum wage. This call for action is long overdue and the minister will need to ensure these actions take place quickly. In order to put all legal jurisdictional issues beyond debate, these vessels should be flagged in New Zealand. This would mean the full force of New Zealand law would apply to the operation of these vessels within New Zealand's exclusive economic zone. The principal objective of the inquiry was to ensure the operation of these vessels did not negatively impact on New Zealand's international reputation and trade access, maximised the economic return to New Zealand from our fisheries resources, and ensured that acceptable and equitable New Zealand labour standards are applied on fishing vessels. We asked maritime lawyer Peter Dawson, who has been closely involved in defending the right of these seafarers for some guidance, to review the report. The 15 recommendations made by the inquiry attempt to address the concerns raised at various levels. If all of them are implemented it will change the way which Foreign Charter Vessels operate in New Zealand in the future. The government has already agreed to implement the first six, leaving the various departments: Maritime NZ, the Department of Labour, MAFfish and MFAT to report to Cabinet by end of April on how they should deal with the remaining recommendations. It has been gratifying to see that the Ministry of Fisheries and Maritime NZ are taking vigorous action against any offending vessels. In particular, MFish/MAF has prosecuted Korean officers from the Oyang 75. When the case was called in the Christchurch District Court, none of the officers turned up as they had left the country. It will be interesting to hear if warrants for their arrest have been lodged, should they ever return. If it can be demonstrated that the crews of these vessels have been deliberately underpaid over a period of many years, this raises the question of whether there have been breaches of the Income Tax Act and the GST Act. Given the obviously cavalier approach to the Fisheries Act 1996 and the Minimum Wages Act, it requires no leap of faith to suggest there may have been continued and wide-scale breaches of customs and excise tax, income tax and GST. The recommendations by the Ministerial Inquiry are far-reaching and what needs to occur as soon as possible is that no licences should be issued by the director general of Fisheries until these vessel are demise chartered by the foreign owner to the New Zealand charter company and are thereafter flagged (registered) in New Zealand. The term demise charter means the charterer is in charge of the day-to-day operation of the vessel (possession and control), and most importantly, the crew are employees of the New Zealand company where there can be no dispute as to the application of the Minimum Wages Act. The employer would also be obliged to deduct PAYE/ACC contributions, etc. Health and Safety regulations would also apply, and this would allow Maritime NZ to enforce the same standards that are applicable to any New Zealand-flagged vessels. Plus we need to see 100 percent observer coverage implemented immediately. Yes, it would not be unreasonable to expect that many FCVs would probably fail to match the prescribed standards as our vessels, due to the costs of upgrading and would have to leave our shores. So be it! Finally, the publicity arising from the Bloomberg Newsweek article of February 23 has resulted in FCV-caught fish being rejected in the United States. In our view, our government needs to take speedy and unequivocal action to force these rogue operators into line before they can do further damage to our international reputation as a clean, green, reputable supplier of sustainably managed seafood. Maritime NZ has also detained a significant number of foreign charter vessels for obvious deficiencies and failure to comply with the provisions of Maritime Rules 40 and 46. They have asserted that they will continue to take action against these vessels until they comply with New Zealand standards. We commend the maritime safety inspectors for their continued Keith Ingram, Editor