Foreign Crew on Fishing Vessels — Approval in Principle
Employers can apply for an Approval in Principle to recruit 7 or more foreign crew for work on a fishing vessel. Approvals in Principle will only be approved if there are not enough New Zealanders available to do the work.
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Valid for
Initially
12 months
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Cost
NZD $6610
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Processing times
80% within
5 months
To apply you must:
- apply for the maximum number of migrant places required on the vessel at one time
- tell us any positions that will have a crew change, and the expected date the crew will change.
With this approval in principle you can:
- recruit 7 or more foreign crew to work on a single New Zealand flagged fishing vessel.
You do not need to apply for an Approval in Principle to recruit fewer than 7 crew for work on a single fishing vessel. But you will need to complete a supplementary form and support a candidate's visa application in every other way an employer with an Approval in Principle is required to.
Overview
The process for Foreign Crew on Fishing Vessels — Approval in Principle.
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Step 1: Apply for Approval in Principle to recruit
New Zealand employers can apply for an Approval in Principle to recruit 7 or more foreign crew for work on a fishing vessel. Approvals in Principle will only be approved if there are not enough New Zealanders available to do the work.
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Step 2: Support a work visa application
Once you have received Approval in Principle, you can go ahead and recruit overseas workers. Before your new recruits can start working for you, they must apply for a work visa, which you will need to support.
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Step 3: Continue to recruit
To continue to be able to recruit foreign crew to work on a fishing vessel, you must comply with the conditions of your Approval in Principle.
Apply for Approval in Principle to recruit foreign fishing crew
You must meet the criteria and provide all of the supporting evidence to receive Approval in Principle. Once you have collected your evidence, see the next steps below to find out how to apply.
Genuine attempt to recruit
You must have genuinely attempted to recruit New Zealanders.
Examples of evidence may include:
- records showing you listed the positions with Work and Income
- records showing you advertised crew positions in a New Zealand newspaper or website
- records showing you contracted a New Zealand manning agent
- your explanation of the training and experience necessary to do the work and why no (or not enough) New Zealanders were available or suitable
- the reasons New Zealanders could not be trained to do the work
- records showing you have engaged with the New Zealand Industry Training Organisation (NZITO), the New Zealand Industry Fishing Guild (NZIFG), and the Council for Trade Unions (CTU) for the purpose of training New Zealanders.
Home — New Zealand Industry Fishing Guild (NZIFG)
Home — Council for Trade Unions (CTU)
Note
We will work with Work and Income, the NZITO, NZIFG and CTU to assess if you meet this criterion.
Financial position
You must be in a sound financial position.
Evidence may include:
- a statement from a chartered accountant confirming the business is financially sound and able to meet all of its outstanding obligations
- sets of accounts certified by an accountant
- annual reports
- business plans
- company profile and registration details, including the names of directors and shareholders
- information about the business’ reputation and history.
Note
If available, you should provide business records covering at least 2 financial years.
What happens next
The information below will help you understand the process, timeframes and costs involved in applying for the Approval in Principle, so you can plan ahead and have the best chance of submitting a complete application.
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Step 1: Apply for Approval in Principle
You must complete a ‘Request for Approval in Principle to Recruit Foreign Crew on Fishing Vessel’ form and send it to us with your application fee and supporting documents.
You must be a New Zealand employer in New Zealand to apply.
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Step 2: Wait for a decision
We process your application as soon as we can.
Once we approve your application, you can recruit foreign crew to work on your fishing vessel.
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Step 3: Support your crew’s work visa applications
Before they can start working for you, each crew member must apply for a work visa. You can support their applications by providing them with:
- an employment agreement in English and their own language
- a copy of your approval in principle letter
- a ‘Sponsorship Form for Temporary Entry’ completed by you.
Employment agreements must include minimum working conditions.
Fishing crew employment conditions
If you are hiring foreign crew to work on a fishing vessel, you must provide employment that meets certain conditions.Working and living conditions on the vessel
If you are hiring foreign crew, you must make sure working and living conditions on board vessels meet New Zealand safety standards, including those set out in the Health and Safety at Work Act 2015.
You must also meet any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand.
This includes making sure all crew have:
- access to enough fresh cold and hot water
- adequate food (quantity and type)
- enough washing facilities and toilets
- their own bed and suitable bedding
- clean and dry accommodation.
Crew must also be provided with suitable protective clothing and equipment so they can carry out their duties.
The vessel must carry enough medical stores and at least one crew member must be a qualified ‘ship’s medic’. In addition, vessel safety and emergency drills must be carried out regularly.
Health and Safety at Work Act 2015 – New Zealand legislation
Crew welfare
You must make sure crew have access to:
- the manning agent, if this applies
- medical and dental treatment
- help with banking services, if asked
- translation services, if asked
- mail services
- New Zealand government agencies, like the Ministry of Business, Innovation and Employment, Police, Customs, Ministry for Primary Industries, if asked.
Employment agreements
You must make sure crew employment agreements follow New Zealand employment law.
Minimum payments
You must pay foreign crew:
- at least the New Zealand minimum statutory hourly wage plus NZD$6.00 per hour
- for all the hours they work
- for at least 42 hours per week on average while they are employed.
Wage deductions
You can only deduct amounts from crew wages for:
- food (calculated at a maximum of 10% of hours worked x the minimum wage)
- airfares to and from New Zealand
- Immigration New Zealand work visa application fees.
Deductions must be based on actual and reasonable confirmed costs.
You cannot make deductions that bring the hourly rate below the New Zealand minimum wage for all hours worked.
Wage advances
If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions.
Payment frequency
You must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements.
If crew have only been paid the minimum hourly wage pay plus NZD$6.00 per hour, you must pay them for any hours they worked above the 42 hours a week, and you must pay them at least 24 hours before leaving New Zealand.
Paying wages
You must provide each crew member with a New Zealand bank account and pay wages into that account, unless they want to be paid in cash. No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account.
Crew can only be paid in cash if they notify you in writing in their own language.
If crew choose to be paid in cash, you must:
- pay them while they are in New Zealand
- provide a final payslip at least 24 hours before they leave New Zealand so they have the opportunity to contact and meet with an authorised representative before they go.
If you pay in foreign currency, you must record the exchange rate, and provide it to crew at the time they are paid.
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Step 4: Employ crew and comply with Approval in Principle
When you have an approval in principle, there are certain responsibilities and obligations you must meet, including:
- following standard recruitment practices
- sponsoring crew
- having a plan for managing desertion risks
- having processes for managing crew complaints
- keeping employment records
- providing crew with working and living conditions that meet certain standards
If you do not comply, we won’t grant any more work visas to your crew or approve any future requests for new Approvals in Principle.
Fishing crew rights and obligations
If you recruit overseas workers to work as crew on fishing vessels in New Zealand waters, you have certain responsibilities and obligations you must meet.Recruitment
All employers must:
- only employ experienced crew
- only recommend experienced crew to other employers
- carry out referee checks being careful to make sure that crew have the right experience to do the work and are unlikely to be a desertion risk, ie leave the vessel without intending to return.
Manning agents
Employers can use manning agents to recruit crew as long as they comply with the following rules:
- the manning agent is an
- they carefully monitor the performance of manning agents they deal with
- they agree to share information about the manning agents they use with the Ministry of Business, Innovation and Employment (MBIE) if asked to.
Sponsorship
Every foreign crew member employed on a fishing vessel must be sponsored by their New Zealand employer.
If an employer breaches their sponsorship obligations, we will not approve a Request for Approval in Principle to Recruit Foreign Crew of Fishing Vessels again.
If the crew fly into New Zealand
If crew are flying into New Zealand, and not arriving on the vessel they will be working on, their New Zealand employer must arrange a representative:
- to meet the crew after they have gone through customs
- to take the crew to their vessel, to their next flight or their accommodation.
Explaining crew rights and obligations
The New Zealand employer must:
- explain to crew members before their first voyage to New Zealand, their rights and obligations under New Zealand immigration and employment law
- provide each crew member with a copy of the ‘Important information for Foreign Fishing Crews working in New Zealand Waters’ guide in their own language.
You can find guides for foreign fishing crews working in New Zealand on our 'Crew rights and obligations guides' page. These guides are also available in other languages.
Desertion
Managing desertion risks
Employers must have a plan to manage desertion risks when the vessel is in port, which can include:
- making sure all foreign crew can be identified by the company managing port security
- using security systems to monitor who is coming and going from the vessel
- asking security watchmen to record the number plates of any unknown vehicles seen around the vessel
- having policies and practices that allow crew and employers to stay in touch when on shore leave.
Crew are allowed to have shore leave. Employers should not prevent crew from having shore leave when making a plan to manage desertion risks.
Letting us know if there are any problems
Employers have to let us know as soon as possible if they have any information that may help us to:
- prevent a crew member from deserting
- catch a crew member who has deserted
- catch any person who encouraged or helped crew members to desert, or otherwise breach the conditions of their visa.
What to do if crew desert ship
If a New Zealand employer knows a crew member has deserted ship, they must:
- let us know as soon as possible and within 48 hours by completing a ‘Formal Notification of Crew Deserter’ form
- send us the crew member’s passport and Seaman’s book, if they have them – the address is on the form.
What to do if crew are missing
If a New Zealand employer notices a crew member is missing, they must let us know as soon as possible and:
- within 24 hours of the time they notice the crew member is missing
- within 48 hours if the vessel has already left port.
Deserters and missing crew
After we have been notified that a crew member has deserted or is missing:
- we will consider that crew member has breached the conditions of their visa
- we may take action against the individual crew member
- we may take action against the employer if they have nor meet their responsibilities and obligations
- we will add the name of the crew member and his or her employer to our desertion records.
Desertion records
New Zealand employers whose names have been added to our desertion records can apply to have the record removed if all of the following apply:
- they apply in writing
- the foreign crew member returns to their vessel, leaves New Zealand, or contacts Immigration New Zealand, their employer before they are served with a deportation liability notice
- the employer can show us there are good reasons the crew member should not be considered a deserter.
When we make a decision about whether we will accept a request to remove a desertion record, we will write to the employer with our decision. If we decide not to accept the request, we will include the reasons for our decision.
Managing crew complaints
Investigating complaints
Employers must fully:
- investigate any complaints or concerns crew may have
- co-operate with MBIE, if it decides to investigate a complaint.
Employers must explain to crew who have a complaint or concern that they can ask:
- the New Zealand Fishing Industry Guild (NZFIG) for advice, or to represent them
- another employee representative for advice, or to represent them, as long as that representative is not their manning agent.
Notifying complaints
Employers must notify both MBIE and NZFIG if there are any serious complaints, allegations or investigations about:
- employment conditions
- non-compliance with Immigration Instructions for Foreign Crew of Fishing Vessels.
For more about Immigration Instructions for Foreign Crew of Fishing Vessels, visit:
WJ Foreign crew of fishing vessels
If MBIE and NZFIG or any other employee representative learns about a complaint, allegation or investigation, it will notify the employer and explain that the employer has the right to carry out their own investigation.
Employment records
Employers must keep accurate, up-to-date records for each individual crew member:
- the hours worked
- any deductions from their pay
- the amount paid (after any deductions) and how and when payment was made
- if paid in foreign currency, the exchange rate used.
Employers have to supply this information to all crew (or their authorised representative) both when:
- they pay wages in cash – they must provide information covering the time the payment is for
- crew ask for it – they can do this at any time.
Audits
Providing information
New Zealand employers must provide employment records to MBIE or any auditors it engages at the start of any audit. The records must be translated into English by an independent translator.
MBIE aims to give 4 weeks’ notice before any scheduled audit. But if an audit or investigation is urgent, employers may have less time than this to provide the information or records. Employers must provide all information or records within the timeframes MBIE or its auditors provides with the request.
If employers do not provide the records or information in time, they may fail the audit. This can affect the status of current and future Approvals in Principle to Recruit Foreign Crew of Fishing Vessels.
Crew working conditions
Working and living conditions on the vessel
Employers must make sure that working and living conditions for crew on board vessels:
- meet flag state safety standards, including those set out in the 'Health and Safety at Work Act 2015'
- any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand.
- Minimum standards include (but are not limited to) making sure:
- all crew have access to enough fresh cold and hot water
- all crew have adequate food (quantity and type)
- crew accommodation is clean and dry
- all crew have their own bed and suitable bedding
- there are enough washing facilities and toilets for the number of crew on board
- the vessel carries adequate medical stores
- at least one crew member is a qualified ‘ship’s medic’
- crew are provided with suitable protective clothing and equipment for them to carry out their duties
- vessel safety and emergency drills are carried out regularly.
Health and Safety at Work Act 2015 – New Zealand Legislation
Crew welfare
The New Zealand employer must make sure crew have access to the following services:
- the manning agent, if this applies
- medical and dental treatment
- help with banking services, if requested
- translation services, if requested
- mail services
- NZ government agencies, like MBIE, Police, Customs, Ministry for Primary Industries, if requested.
Employment agreements
Employers must make sure crew employment agreements include minimum crew working conditions and comply with New Zealand employment law.
Employers must make sure crew employment agreements include minimum crew working conditions comply with New Zealand employment law.
Fishing crew employment conditions
What to include in crew employment agreements
Minimum payments
Employers must pay foreign crew:
- at least the New Zealand minimum statutory hourly wage plus NZD $5.00 per hour
- for all the hours crew work
- for at least 42 hours per week on average over the course of their employment.
For more information about the current New Zealand minimum statutory hourly wage, visit:
Minimum wage rates and types – Employment New Zealand
Deductions
Employers may only deduct amounts from crew wages for:
- food (calculated at a maximum of 10% of hours worked multiplied by the minimum wage)
- airfares to and from New Zealand
- Immigration New Zealand work visa application fees.
Deductions must be based on actual and reasonable confirmed costs.
Employers cannot make deductions that bring the hourly rate below the New Zealand minimum statutory wage for all hours worked.
If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions.
Payment frequency
Employers must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements.
If crew have only been paid the minimum hourly wage pay plus $5.00 per hour, employers must pay them for any hours they worked above the 42 hours a week at least 24 hours before leaving New Zealand.
Paying wages
Employers must provide each crew member with a New Zealand bank account and pay wages into that account, unless the crew member decides they want to be paid in cash.
No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account.
Crew can only be paid in cash, if they notify their employer in writing in their own language.
If crew choose to be paid in cash, employers must:
- pay them in New Zealand
- if they pay in foreign currency, record the exchange rate, and provide it to crew at the time they are paid
- provide a final payslip at least 24 hours before leaving New Zealand so crew have the opportunity to contact and meet with an authorised representative before they go.
Flying out of New Zealand
If crew will be flying out of New Zealand and not leaving with the fishing vessel, the employer must:
- help crew get to the airport
- give crew at least 24 hours’ notice, so that crew have the opportunity to contact and meet with an authorised representative before they go.
How to submit
Where to send
Payment methods
By Post
Credit Card
You can pay with Visa or MasterCard. We take payment when we receive your application. You must have enough funds available on the day we receive your application or it may be returned to you.
Debit Card
You can pay by debit card. We take payment when we receive your application. You must have enough funds available on the day we receive your application or it may be returned to you.
Postal address
Immigration New Zealand
PO Box 22111
Christchurch 8140
New Zealand
Courier address
Immigration New Zealand
DX Box: WX10075
20 Syd Bradley Road
Dakota Park — Avonhead
Christchurch 8042
New Zealand
Hours
Phone enquiries
Monday to Friday
06:00 to 22:00
Closed Saturday and Sunday
Telephone
0508 558 855 (NZ callers only)
Other notes
Applications made in New Zealand
For applications made in New Zealand, there is no courier fee to be paid for applications or documents to be returned.
Support a work visa application
Once you have received Approval in Principle, you can go ahead and recruit overseas workers. They can apply for a Fishing Crew Work Visa. Before your new recruits can start working for you, they must apply for a work visa, which you will need to support.
Approval in Principle
You must have Approval in Principle.
If you want to employ 7 or more crew, you must have Approval in Principle, and provide crew with a copy of your Approval in Principle letter to include with their work visa applications.
If you want to employ fewer than 7 crew, you do not have to apply for Approval in Principle, but you must complete a 'Supplementary Form for Crew of a Fishing Vessel' for your crew to include with their work visa applications.
Job offer
You must provide each crew member with an employment agreement in English and in their own language.
Your employment agreement must:
- provide minimum crew working conditions
- comply with New Zealand employment and immigration law.
If you are a foreign employer, your employment agreement must include the standard principles for crew employment agreements, which detail:
- minimum crew working conditions
- what you need to do to comply with New Zealand employment and immigration law.
If you are hiring foreign crew, you must make sure working and living conditions on board vessels meet New Zealand safety standards, including those set out in the Health and Safety at Work Act 2015. You must also meet any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand. This includes making sure all crew have: Crew must also be provided with suitable protective clothing and equipment so they can carry out their duties. The vessel must carry enough medical stores and at least one crew member must be a qualified ‘ship’s medic’. In addition, vessel safety and emergency drills must be carried out regularly. Health and Safety at Work Act 2015 – New Zealand legislation You must make sure crew have access to: You must make sure crew employment agreements follow New Zealand employment law. You must pay foreign crew: You can only deduct amounts from crew wages for: Deductions must be based on actual and reasonable confirmed costs. You cannot make deductions that bring the hourly rate below the New Zealand minimum wage for all hours worked. If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions. You must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements. If crew have only been paid the minimum hourly wage pay plus NZD$6.00 per hour, you must pay them for any hours they worked above the 42 hours a week, and you must pay them at least 24 hours before leaving New Zealand. You must provide each crew member with a New Zealand bank account and pay wages into that account, unless they want to be paid in cash. No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account. Crew can only be paid in cash if they notify you in writing in their own language. If crew choose to be paid in cash, you must: If you pay in foreign currency, you must record the exchange rate, and provide it to crew at the time they are paid.
Fishing crew employment conditions
If you are hiring foreign crew to work on a fishing vessel, you must provide employment that meets certain conditions.
Working and living conditions on the vessel
Crew welfare
Employment agreements
Minimum payments
Wage deductions
Wage advances
Payment frequency
Paying wages
The principles apply even if you are an overseas employer. Contact details you need to include are: Employment details you need to include are: Financial details you need to include are: Work rights: Information for Foreign Fishing Crews working in New Zealand Fisheries waters Explaining crew rights and obligations Minimum wage rates and types – Employment New Zealand If you think a standard principle should not apply to your employment agreements, you must provide the reason for this with your Request for Approval in Principle (AIP) to Recruit Foreign Crew of Fishing Vessels. If either party has a problem, there is a process for resolving problems and disputes. 1. Talk to the captain If a crew member has a problem, they should talk to the captain first. If at all possible the crew member should continue to work, and all the conditions of their employment agreement must be met. 2. Talk to the employer If the problem cannot be resolved between the crew member and the captain, the crew member should talk to their employer. If at all possible the crew member should continue to work, and all the conditions of their employment agreement must be met. 3. Talk to a third party If the problem cannot be resolved between the employer and the crew member, then: Labour Inspectorate – Employment New Zealand Mediation – Employment New Zealand 4. Take the problem to the Employment Relations Authority or Employment Court If the problem cannot be resolved by a Labour Inspector, or at mediation, then the crew member or the employer can refer the problem to the Employment Relations Authority (ERA). The ERA will formally investigate the problem and make a decision that will bind both the employer and the crew member. If the you or the crew member do not agree with the decision, you can file a challenge to the Employment Court. They must do so within 28 days. If the crew member’s problem is about minimum or contractual entitlements, they do not have to go to the ERA first – they can take their problem straight to the Employment Court. Employment Relations Authority – Employment New Zealand Employment Court – Ministry of Justice 5. Go to arbitration If the problem cannot be resolved with the help of MBIE’s mediation service, the employer or the crew member can take the problem to arbitration. The employer and the crew member can choose an arbitrator from a panel of arbitrators set up by the New Zealand Fishing Industry Guild, the New Zealand Seafood Industry Council and MBIE. The arbitrator will make a decision that will bind both the employer and the crew member. Neither party can appeal the decision the arbitrator makes, unless the arbitration didn’t follow the correct process. Contact the Guild – New Zealand Fishing Industry Guild 6. Appeal to the District Court Crew members and employers can only appeal to the District Court if there was an error with the process. They cannot appeal if they simply disagree with the decision. Crew members can ask a representative for their help to resolve a dispute, including from: All parties must act in good faith including: Good faith – Employment New Zealand Employers and crew members must comply with the Employment Relations Act.
What to include in crew employment agreements
When you employ crew to work on fishing vessels in New Zealand waters, you must include standard principles in their employment agreements.
Standard principles you must include
If a principle does not apply
Steps for resolving problem and disputes
Crew and employer rights and obligations
Representation
Good faith
Employment Relations Act
To make sure crew members understand their rights and obligations, you must give each crew member a copy of the this guide in their own language.
Crew rights and obligations guides
Before a crew member's first voyage to New Zealand you must explain their rights and obligations under New Zealand immigration and employment law.
Guide for foreign fishing crews working in New Zealand fisheries waters
Sponsorship
You must sponsor each crew member.
You must provide a completed ‘Sponsorship Form for Temporary Entry’ and include:
- the details of each crew member you wish to sponsor, like their names, nationalities, dates of birth and passport details
- evidence you are an acceptable sponsor, like your Approval in Principle number and an explanation of the link between your activities and those that you are sponsoring the crew to come to New Zealand for.
While a visa holder you sponsor is in New Zealand you must make sure they have: You must also pay the cost of their return travel to their home country, if they do not intend to pay for it themselves. If they are to be
Alert Who can sponsor a visa applicant You can also sponsor the partner and dependent children of someone you are sponsoring. If you do this, you must cover the same costs for them. Including family in your visa application If the person you sponsor has a visa with
Your responsibilities as a sponsor begin from the date the person you sponsor arrives in New Zealand. If they are already in New Zealand, your sponsorship begins on the date their visa is granted. Your sponsorship responsibilities end on the date the person you are sponsoring: Alert The person you sponsor can be
If you have not paid the costs you are responsible for, and they are paid by a third party or the New Zealand Government, that amount becomes your debt. If you do not pay, we can take you to court to recover the debt even if the person you are sponsoring:
Your responsibilities as a sponsor
If you sponsor a visa holder, you are responsible for them while they are in New Zealand on that visa.
Support you must provide
Even if the person you sponsor has agreed to pay for some or all their expenses, you are still legally responsible for those expensesSponsoring a visa applicant's family members
If the person you sponsor travels in and out of NZ
When your sponsorship begins and ends
You cannot withdraw your sponsorship. It continues even if the person you sponsor stays in New Zealand without a valid visa.
If you do not meet your obligations
Process and costs
The information below will help you understand the process, timeframes and costs involved in applying for Approval in Principle, so you can plan ahead and have the best chance of submitting a complete application.
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Step 1: Provide a job offer
To bring someone to New Zealand under this visa, you will first have to provide a job offer. You can support their applications by providing them with:
- an employment agreement in English and their own language
- a copy of your approval in principle letter
- a ‘Sponsorship Form for Temporary Entry’ completed by you.
Employment agreements must include minimum working conditions.
Fishing crew employment conditions
If you are hiring foreign crew to work on a fishing vessel, you must provide employment that meets certain conditions.Working and living conditions on the vessel
If you are hiring foreign crew, you must make sure working and living conditions on board vessels meet New Zealand safety standards, including those set out in the Health and Safety at Work Act 2015.
You must also meet any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand.
This includes making sure all crew have:
- access to enough fresh cold and hot water
- adequate food (quantity and type)
- enough washing facilities and toilets
- their own bed and suitable bedding
- clean and dry accommodation.
Crew must also be provided with suitable protective clothing and equipment so they can carry out their duties.
The vessel must carry enough medical stores and at least one crew member must be a qualified ‘ship’s medic’. In addition, vessel safety and emergency drills must be carried out regularly.
Health and Safety at Work Act 2015 – New Zealand legislation
Crew welfare
You must make sure crew have access to:
- the manning agent, if this applies
- medical and dental treatment
- help with banking services, if asked
- translation services, if asked
- mail services
- New Zealand government agencies, like the Ministry of Business, Innovation and Employment, Police, Customs, Ministry for Primary Industries, if asked.
Employment agreements
You must make sure crew employment agreements follow New Zealand employment law.
Minimum payments
You must pay foreign crew:
- at least the New Zealand minimum statutory hourly wage plus NZD$6.00 per hour
- for all the hours they work
- for at least 42 hours per week on average while they are employed.
Wage deductions
You can only deduct amounts from crew wages for:
- food (calculated at a maximum of 10% of hours worked x the minimum wage)
- airfares to and from New Zealand
- Immigration New Zealand work visa application fees.
Deductions must be based on actual and reasonable confirmed costs.
You cannot make deductions that bring the hourly rate below the New Zealand minimum wage for all hours worked.
Wage advances
If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions.
Payment frequency
You must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements.
If crew have only been paid the minimum hourly wage pay plus NZD$6.00 per hour, you must pay them for any hours they worked above the 42 hours a week, and you must pay them at least 24 hours before leaving New Zealand.
Paying wages
You must provide each crew member with a New Zealand bank account and pay wages into that account, unless they want to be paid in cash. No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account.
Crew can only be paid in cash if they notify you in writing in their own language.
If crew choose to be paid in cash, you must:
- pay them while they are in New Zealand
- provide a final payslip at least 24 hours before they leave New Zealand so they have the opportunity to contact and meet with an authorised representative before they go.
If you pay in foreign currency, you must record the exchange rate, and provide it to crew at the time they are paid.
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Step 2: Candidate prepares and submits their application
Your candidate will send their work visa application, with all of the required evidence, to us.
Preparing an application varies in complexity. The applicant may need to gather many documents to support their application, which can take quite a while, so it is important to be aware of the potential timeframes.
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Step 3: Wait for a decision
We make a decision about your candidate’s application as soon as we can. You can view our historic visa timeframes below.
If your candidate is already in New Zealand, we may ask for more information about your recruitment process, the position or the sustainability of the position.
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Step 4: Crew starts work
Before your crew can start working for you, you must check they have the right visa and can legally work for you.
Continue to recruit
Before Approval in Principle is granted, you must agree to meet certain conditions. If you do not comply with these conditions, you will not be able to support any new work visa applications and we will not approve any future Approvals in Principle to recruit foreign crew for work on fishing vessels.
What you need to do
Employer responsibilities and obligations
You must meet minimum rights and obligations under both employment and immigration law. We may carry out an inspection to make sure you are complying with all of your employer responsibilities and obligations, which are the conditions of your Approval in Principle.
If we find that you are not complying with the conditions we will:
- suspend any requests you may have for a new Approval in Principle, or for any work visa applications under an existing Approval in Principle
- write to you to explain the suspension
- send you a report detailing your non-compliance, which we will give you 30 days to remedy.
All employers must: Employers can use manning agents to recruit crew as long as they comply with the following rules: Every foreign crew member employed on a fishing vessel must be sponsored by their New Zealand employer. If an employer breaches their sponsorship obligations, we will not approve a Request for Approval in Principle to Recruit Foreign Crew of Fishing Vessels again. If crew are flying into New Zealand, and not arriving on the vessel they will be working on, their New Zealand employer must arrange a representative: The New Zealand employer must: Employers must have a plan to manage desertion risks when the vessel is in port, which can include: Crew are allowed to have shore leave. Employers should not prevent crew from having shore leave when making a plan to manage desertion risks. Employers have to let us know as soon as possible if they have any information that may help us to: If a New Zealand employer knows a crew member has deserted ship, they must:
If a New Zealand employer notices a crew member is missing, they must let us know as soon as possible and: After we have been notified that a crew member has deserted or is missing: New Zealand employers whose names have been added to our desertion records can apply to have the record removed if all of the following apply: When we make a decision about whether we will accept a request to remove a desertion record, we will write to the employer with our decision. If we decide not to accept the request, we will include the reasons for our decision. Employers must fully: Employers must explain to crew who have a complaint or concern that they can ask: Employers must notify both MBIE and NZFIG if there are any serious complaints, allegations or investigations about: For more about Immigration Instructions for Foreign Crew of Fishing Vessels, visit: WJ Foreign crew of fishing vessels If MBIE and NZFIG or any other employee representative learns about a complaint, allegation or investigation, it will notify the employer and explain that the employer has the right to carry out their own investigation. Employers must keep accurate, up-to-date records for each individual crew member: Employers have to supply this information to all crew (or their authorised representative) both when: New Zealand employers must provide employment records to MBIE or any auditors it engages at the start of any audit. The records must be translated into English by an independent translator. MBIE aims to give 4 weeks’ notice before any scheduled audit. But if an audit or investigation is urgent, employers may have less time than this to provide the information or records. Employers must provide all information or records within the timeframes MBIE or its auditors provides with the request. If employers do not provide the records or information in time, they may fail the audit. This can affect the status of current and future Approvals in Principle to Recruit Foreign Crew of Fishing Vessels. Employers must make sure that working and living conditions for crew on board vessels: Health and Safety at Work Act 2015 – New Zealand Legislation The New Zealand employer must make sure crew have access to the following services: Employers must make sure crew employment agreements include minimum crew working conditions and comply with New Zealand employment law. Employers must make sure crew employment agreements include minimum crew working conditions comply with New Zealand employment law. Fishing crew employment conditions What to include in crew employment agreements Employers must pay foreign crew: For more information about the current New Zealand minimum statutory hourly wage, visit: Minimum wage rates and types – Employment New Zealand Employers may only deduct amounts from crew wages for: Deductions must be based on actual and reasonable confirmed costs. Employers cannot make deductions that bring the hourly rate below the New Zealand minimum statutory wage for all hours worked. If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions. Employers must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements. If crew have only been paid the minimum hourly wage pay plus $5.00 per hour, employers must pay them for any hours they worked above the 42 hours a week at least 24 hours before leaving New Zealand. Employers must provide each crew member with a New Zealand bank account and pay wages into that account, unless the crew member decides they want to be paid in cash. No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account. Crew can only be paid in cash, if they notify their employer in writing in their own language. If crew choose to be paid in cash, employers must: If crew will be flying out of New Zealand and not leaving with the fishing vessel, the employer must:
Fishing crew rights and obligations
If you recruit overseas workers to work as crew on fishing vessels in New Zealand waters, you have certain responsibilities and obligations you must meet.
Recruitment
Manning agents
Sponsorship
If the crew fly into New Zealand
Explaining crew rights and obligations
You can find guides for foreign fishing crews working in New Zealand on our 'Crew rights and obligations guides' page. These guides are also available in other languages.
Desertion
Managing desertion risks
Letting us know if there are any problems
What to do if crew desert ship
What to do if crew are missing
Deserters and missing crew
Desertion records
Managing crew complaints
Investigating complaints
Notifying complaints
Employment records
Audits
Providing information
Crew working conditions
Working and living conditions on the vessel
Crew welfare
Employment agreements
Minimum payments
Deductions
Payment frequency
Paying wages
Flying out of New Zealand
Process to continue
Follow these steps to continue to recruit.
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Step 1: Reapply for Approval in Principle
You must complete a ‘Request for Approval in Principle to Recruit Foreign Crew on Fishing Vessel’ form to reapply and send it to us with your application fee and supporting documents.
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Step 2: Wait for a decision
We process your application as soon as we can.
Once we approve your application, you can recruit foreign crew to work on your fishing vessel.
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Step 3: Support your crew’s work visa applications
Before they can start working for you, each crew member must apply for a work visa. You can support their applications by providing them with:
- an employment agreement in English and their own language
- a copy of your approval in principle letter
- a ‘Sponsorship Form for Temporary Entry’ completed by you.
Employment agreements must include minimum working conditions.
Fishing crew employment conditions
If you are hiring foreign crew to work on a fishing vessel, you must provide employment that meets certain conditions.Working and living conditions on the vessel
If you are hiring foreign crew, you must make sure working and living conditions on board vessels meet New Zealand safety standards, including those set out in the Health and Safety at Work Act 2015.
You must also meet any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand.
This includes making sure all crew have:
- access to enough fresh cold and hot water
- adequate food (quantity and type)
- enough washing facilities and toilets
- their own bed and suitable bedding
- clean and dry accommodation.
Crew must also be provided with suitable protective clothing and equipment so they can carry out their duties.
The vessel must carry enough medical stores and at least one crew member must be a qualified ‘ship’s medic’. In addition, vessel safety and emergency drills must be carried out regularly.
Health and Safety at Work Act 2015 – New Zealand legislation
Crew welfare
You must make sure crew have access to:
- the manning agent, if this applies
- medical and dental treatment
- help with banking services, if asked
- translation services, if asked
- mail services
- New Zealand government agencies, like the Ministry of Business, Innovation and Employment, Police, Customs, Ministry for Primary Industries, if asked.
Employment agreements
You must make sure crew employment agreements follow New Zealand employment law.
Minimum payments
You must pay foreign crew:
- at least the New Zealand minimum statutory hourly wage plus NZD$6.00 per hour
- for all the hours they work
- for at least 42 hours per week on average while they are employed.
Wage deductions
You can only deduct amounts from crew wages for:
- food (calculated at a maximum of 10% of hours worked x the minimum wage)
- airfares to and from New Zealand
- Immigration New Zealand work visa application fees.
Deductions must be based on actual and reasonable confirmed costs.
You cannot make deductions that bring the hourly rate below the New Zealand minimum wage for all hours worked.
Wage advances
If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions.
Payment frequency
You must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements.
If crew have only been paid the minimum hourly wage pay plus NZD$6.00 per hour, you must pay them for any hours they worked above the 42 hours a week, and you must pay them at least 24 hours before leaving New Zealand.
Paying wages
You must provide each crew member with a New Zealand bank account and pay wages into that account, unless they want to be paid in cash. No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account.
Crew can only be paid in cash if they notify you in writing in their own language.
If crew choose to be paid in cash, you must:
- pay them while they are in New Zealand
- provide a final payslip at least 24 hours before they leave New Zealand so they have the opportunity to contact and meet with an authorised representative before they go.
If you pay in foreign currency, you must record the exchange rate, and provide it to crew at the time they are paid.
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Step 4: Continue to employ crew
When you have been reapproved for an Approval in Principle, there are certain responsibilities and obligations you must continue to meet, including:
- following standard recruitment practices
- sponsoring crew
- having a plan for managing desertion risks
- having processes for managing crew complaints
- keeping employment records
- providing crew with working and living conditions that meet certain standards
If you do not comply, we will not grant any more work visas to your crew or approve any future requests for new Approvals in Principle.
Fishing crew rights and obligations
If you recruit overseas workers to work as crew on fishing vessels in New Zealand waters, you have certain responsibilities and obligations you must meet.Recruitment
All employers must:
- only employ experienced crew
- only recommend experienced crew to other employers
- carry out referee checks being careful to make sure that crew have the right experience to do the work and are unlikely to be a desertion risk, ie leave the vessel without intending to return.
Manning agents
Employers can use manning agents to recruit crew as long as they comply with the following rules:
- the manning agent is an
- they carefully monitor the performance of manning agents they deal with
- they agree to share information about the manning agents they use with the Ministry of Business, Innovation and Employment (MBIE) if asked to.
Sponsorship
Every foreign crew member employed on a fishing vessel must be sponsored by their New Zealand employer.
If an employer breaches their sponsorship obligations, we will not approve a Request for Approval in Principle to Recruit Foreign Crew of Fishing Vessels again.
If the crew fly into New Zealand
If crew are flying into New Zealand, and not arriving on the vessel they will be working on, their New Zealand employer must arrange a representative:
- to meet the crew after they have gone through customs
- to take the crew to their vessel, to their next flight or their accommodation.
Explaining crew rights and obligations
The New Zealand employer must:
- explain to crew members before their first voyage to New Zealand, their rights and obligations under New Zealand immigration and employment law
- provide each crew member with a copy of the ‘Important information for Foreign Fishing Crews working in New Zealand Waters’ guide in their own language.
You can find guides for foreign fishing crews working in New Zealand on our 'Crew rights and obligations guides' page. These guides are also available in other languages.
Desertion
Managing desertion risks
Employers must have a plan to manage desertion risks when the vessel is in port, which can include:
- making sure all foreign crew can be identified by the company managing port security
- using security systems to monitor who is coming and going from the vessel
- asking security watchmen to record the number plates of any unknown vehicles seen around the vessel
- having policies and practices that allow crew and employers to stay in touch when on shore leave.
Crew are allowed to have shore leave. Employers should not prevent crew from having shore leave when making a plan to manage desertion risks.
Letting us know if there are any problems
Employers have to let us know as soon as possible if they have any information that may help us to:
- prevent a crew member from deserting
- catch a crew member who has deserted
- catch any person who encouraged or helped crew members to desert, or otherwise breach the conditions of their visa.
What to do if crew desert ship
If a New Zealand employer knows a crew member has deserted ship, they must:
- let us know as soon as possible and within 48 hours by completing a ‘Formal Notification of Crew Deserter’ form
- send us the crew member’s passport and Seaman’s book, if they have them – the address is on the form.
What to do if crew are missing
If a New Zealand employer notices a crew member is missing, they must let us know as soon as possible and:
- within 24 hours of the time they notice the crew member is missing
- within 48 hours if the vessel has already left port.
Deserters and missing crew
After we have been notified that a crew member has deserted or is missing:
- we will consider that crew member has breached the conditions of their visa
- we may take action against the individual crew member
- we may take action against the employer if they have nor meet their responsibilities and obligations
- we will add the name of the crew member and his or her employer to our desertion records.
Desertion records
New Zealand employers whose names have been added to our desertion records can apply to have the record removed if all of the following apply:
- they apply in writing
- the foreign crew member returns to their vessel, leaves New Zealand, or contacts Immigration New Zealand, their employer before they are served with a deportation liability notice
- the employer can show us there are good reasons the crew member should not be considered a deserter.
When we make a decision about whether we will accept a request to remove a desertion record, we will write to the employer with our decision. If we decide not to accept the request, we will include the reasons for our decision.
Managing crew complaints
Investigating complaints
Employers must fully:
- investigate any complaints or concerns crew may have
- co-operate with MBIE, if it decides to investigate a complaint.
Employers must explain to crew who have a complaint or concern that they can ask:
- the New Zealand Fishing Industry Guild (NZFIG) for advice, or to represent them
- another employee representative for advice, or to represent them, as long as that representative is not their manning agent.
Notifying complaints
Employers must notify both MBIE and NZFIG if there are any serious complaints, allegations or investigations about:
- employment conditions
- non-compliance with Immigration Instructions for Foreign Crew of Fishing Vessels.
For more about Immigration Instructions for Foreign Crew of Fishing Vessels, visit:
WJ Foreign crew of fishing vessels
If MBIE and NZFIG or any other employee representative learns about a complaint, allegation or investigation, it will notify the employer and explain that the employer has the right to carry out their own investigation.
Employment records
Employers must keep accurate, up-to-date records for each individual crew member:
- the hours worked
- any deductions from their pay
- the amount paid (after any deductions) and how and when payment was made
- if paid in foreign currency, the exchange rate used.
Employers have to supply this information to all crew (or their authorised representative) both when:
- they pay wages in cash – they must provide information covering the time the payment is for
- crew ask for it – they can do this at any time.
Audits
Providing information
New Zealand employers must provide employment records to MBIE or any auditors it engages at the start of any audit. The records must be translated into English by an independent translator.
MBIE aims to give 4 weeks’ notice before any scheduled audit. But if an audit or investigation is urgent, employers may have less time than this to provide the information or records. Employers must provide all information or records within the timeframes MBIE or its auditors provides with the request.
If employers do not provide the records or information in time, they may fail the audit. This can affect the status of current and future Approvals in Principle to Recruit Foreign Crew of Fishing Vessels.
Crew working conditions
Working and living conditions on the vessel
Employers must make sure that working and living conditions for crew on board vessels:
- meet flag state safety standards, including those set out in the 'Health and Safety at Work Act 2015'
- any safety, marine protection, crew living and hygiene standards set by the Director of Maritime New Zealand.
- Minimum standards include (but are not limited to) making sure:
- all crew have access to enough fresh cold and hot water
- all crew have adequate food (quantity and type)
- crew accommodation is clean and dry
- all crew have their own bed and suitable bedding
- there are enough washing facilities and toilets for the number of crew on board
- the vessel carries adequate medical stores
- at least one crew member is a qualified ‘ship’s medic’
- crew are provided with suitable protective clothing and equipment for them to carry out their duties
- vessel safety and emergency drills are carried out regularly.
Health and Safety at Work Act 2015 – New Zealand Legislation
Crew welfare
The New Zealand employer must make sure crew have access to the following services:
- the manning agent, if this applies
- medical and dental treatment
- help with banking services, if requested
- translation services, if requested
- mail services
- NZ government agencies, like MBIE, Police, Customs, Ministry for Primary Industries, if requested.
Employment agreements
Employers must make sure crew employment agreements include minimum crew working conditions and comply with New Zealand employment law.
Employers must make sure crew employment agreements include minimum crew working conditions comply with New Zealand employment law.
Fishing crew employment conditions
What to include in crew employment agreements
Minimum payments
Employers must pay foreign crew:
- at least the New Zealand minimum statutory hourly wage plus NZD $5.00 per hour
- for all the hours crew work
- for at least 42 hours per week on average over the course of their employment.
For more information about the current New Zealand minimum statutory hourly wage, visit:
Minimum wage rates and types – Employment New Zealand
Deductions
Employers may only deduct amounts from crew wages for:
- food (calculated at a maximum of 10% of hours worked multiplied by the minimum wage)
- airfares to and from New Zealand
- Immigration New Zealand work visa application fees.
Deductions must be based on actual and reasonable confirmed costs.
Employers cannot make deductions that bring the hourly rate below the New Zealand minimum statutory wage for all hours worked.
If crew want to pay the costs of personal items like cigarettes, phone cards and non-protective clothing from their wages, these are considered wage advances and not deductions.
Payment frequency
Employers must pay crew regularly, either monthly or at every port call. Payment frequency must be set out in crew employment agreements.
If crew have only been paid the minimum hourly wage pay plus $5.00 per hour, employers must pay them for any hours they worked above the 42 hours a week at least 24 hours before leaving New Zealand.
Paying wages
Employers must provide each crew member with a New Zealand bank account and pay wages into that account, unless the crew member decides they want to be paid in cash.
No employer, manning agent, crew representative, or any other person associated with them, may have access to, or Power of Attorney over, any crew member’s New Zealand bank account.
Crew can only be paid in cash, if they notify their employer in writing in their own language.
If crew choose to be paid in cash, employers must:
- pay them in New Zealand
- if they pay in foreign currency, record the exchange rate, and provide it to crew at the time they are paid
- provide a final payslip at least 24 hours before leaving New Zealand so crew have the opportunity to contact and meet with an authorised representative before they go.
Flying out of New Zealand
If crew will be flying out of New Zealand and not leaving with the fishing vessel, the employer must:
- help crew get to the airport
- give crew at least 24 hours’ notice, so that crew have the opportunity to contact and meet with an authorised representative before they go.
How to submit
Where to send
Payment methods
By Post
Credit Card
You can pay with Visa or MasterCard. We take payment when we receive your application. You must have enough funds available on the day we receive your application or it may be returned to you.
Debit Card
You can pay by debit card. We take payment when we receive your application. You must have enough funds available on the day we receive your application or it may be returned to you.
Postal address
Immigration New Zealand
PO Box 22111
Christchurch 8140
New Zealand
Courier address
Immigration New Zealand
DX Box: WX10075
20 Syd Bradley Road
Dakota Park — Avonhead
Christchurch 8042
New Zealand
Hours
Phone enquiries
Monday to Friday
06:00 to 22:00
Closed Saturday and Sunday
Telephone
0508 558 855 (NZ callers only)
Other notes
Applications made in New Zealand
For applications made in New Zealand, there is no courier fee to be paid for applications or documents to be returned.