A Fine Kettle of Fish: Employment Conditions on Foreign Charter Vessels in New Zealand's Exclusive Economic Zone

Abstract

In August 2010, Oyang 70, a South Korean flagged fishing vessel fishing in New Zealand’s exclusive economic zone (EEZ) capsized and sank with the loss of six lives. The crew of the New Zealand flagged fishing vessel Amaltal Atlantis rescued the surviving crewmembers, and were quickly relayed harrowing tales of labour and other human rights abuses aboard the Oyang 70. These however were not the first reported allegations of abuse aboard foreign charter vessels (FCV) fishing in New Zealand’s EEZ. With the situation subject to increased international criticism, the New Zealand government launched an inquiry into the use and operation of FCVs in August 2011. The difficulty faced by the Inquiry was determining how rights and protections afforded to workers under New Zealand law could be translated into effective practice. Regulation of the industry up until that point had been inadequate, with piecemeal changes ineffective in affording protections to FCV crew. In May 2012, following the release of the Inquiry’s recommendations, the Government announced that FCVs would be required to reflag to New Zealand. In doing so the Government recognised that reflagging would ensure those working in New Zealand’s deep-sea fishing industry are afforded the rights and protections entitled to them under New Zealand law.