New Zealand Amends Legislation To Provide Assured Seafarer Welfare Funding
In a historical relocation, the New Zealand federal government has actually upgraded its Maritime Transport Act 1994 to mirror the reliable lobbying taken on by the New Zealand Seafarer’s Welfare Board with the sustaining independent record right into failings to monetarily sustain seafarers as well as their well-being solutions by Human Rights at Sea released in April 2020 with connected Counsel’s point of view. The legal change enters pressure today.
The Regulatory Systems (Transport) Amendment Act 2021 (30 March 2021) enters pressure with the vital change to Section 191 modified (Maritime levies) which most importantly mentions “After section 191(2)(b), insert: (c) the facilitation of, or support for, seafarer welfare services.” This updates Part 14 General stipulations connecting to delivery.
Image Credits: humanrightsatsea.org
Background
The appointed HRAS record ‘New Zealand: Under-Funding of Seafarers’ Welfare Services as well as Poor MLC Compliance’ was released on the 16 April 2020 with 5 vital suggestions:
- Recommend that the New Zealand Government quickly evaluate the financing system, or absence thereof, for shore-based seafarers’ well-being centers as well as solutions under the MLC throughout the State;
- Recommend that the New Zealand Government draft as well as suggest pertinent modifications to nationwide regulations to sustain seafarer’s well-being solutions, as an example to the Maritime Transport Act 1994 in order to provide impact to Regulation 4.4 of the MLC;
- Recommend that the New Zealand Government present an upgraded required port levy system according to that promoted by the ITF ICC, as well as various other maritime well-being organisations, which particularly concentrate on sustainably providing seafarers’ well-being solutions;
- In the choice, it is suggested that the New Zealand Government ring fencing as well as designate component of the present Maritime Levy presently in position to guarantee future financing as well as the security of seafarer’s well-being centers as well as solutions;
- Recommend that the SWB elevate a protest with the ILO for non-compliance with a Convention responsibility need to the New Zealand Government stop working to ultimately act.”
As reported by HRAS on 22 April 2020, the Seafarer’s Welfare Board (SWB) mentioned: “The report’s recommendations, which the SWB fully concur with, offer a clear way forward to ensuring that when seafarers arrive in New Zealand ports, they will continue to receive the standard of care and welcome they so richly deserve.”
This adhered to the heading declaration by SWB Chair, the Rev John McLister, that: “It is not something we can sustain into the future. We desperately need the shipping companies, port authorities and all those who profit from the maritime sector to make some financial contribution to the care of crews coming ashore in New Zealand.”
As reported by HRAS in April 2020, “To date, it has been the uncompromising charity of local people and parishioners in terms of their funding and volunteering in affected port communities that has been, and continues to be, the backbone of the provision of assistance to visiting seafarers, noting the current COVID-19 restrictions.”
In May 2020, Maritime New Zealand assigned seafarer well-being agents as ‘essential workers’ as well as offered clear guidance for port well-being provider in regards to their function, readily available assistance as well as the gain access to that they can obtain to seafarers.
New Zealand Government Actions
In October 2020, the New Zealand Government introduced that it planned to modify the Maritime Transport Act 1994 to make it possible for the existing maritime levy to money the solutions needed for seafarers’ wellness. The after that 2020 Labour Government’s transportation plan as well as policy for Workplace Relations as well as Safety mentioned:
“Ensuring that Seafarer Welfare Centres provide better services. A report by Human Rights at Sea earlier this year found that seafarers’ shore-based welfare facilities and services are inadequate and at Akaroa there is no seafarers’ centre at all. Under the Maritime Labour Convention New Zealand has an obligation to provide for crews who come ashore in New Zealand but this is currently funded largely through charitable sources which isn’t sufficient to provide adequate facilities. Labour will ensure that Seafarer Welfare Centres provide services to the level required by the ILO Maritime Labour Convention 2006 by amending the Maritime Transport Act 1994 to enable the maritime levy to fund the services required for seafarers’ wellbeing.”
On the 9th March 2021, Transport Minister Michael Wood introduced that the Government was meeting its pre-election dedication to permit even more assistance to seafarers going to New Zealand.
Prior to the death of the Bill, Maritime levies under area 191 of the Maritime Transport Act were utilized for a wide variety of shipping-related as well as governing functions, yet those functions did not consist of seafarer well-being solutions.
Minister Wood mentioned in March 2020 that: “The Seafarers Welfare Board currently relies on donations to coordinate facilities at our ten main ports. By giving them long-term funding certainty, we will meet our international commitments and ensure that services to support seafarers’ wellbeing continue to be provided,”
On 20 April 2020, Minister Wood validated to HRAS that: “The Government has made changes to the MTA which will remedy the situation and allow maritime levies to fund seafarer welfare services for the purposes of the MLC. This will be effective from 1 July 2021.”
The Consequence of the Legislative Amendment
Following a details disclosure demand to Maritime New Zealand, on 24 June numbers gotten by HRAS highlighted that the legal change will certainly impact 10 ports as well as yearly going to team numbers, which have actually ranged a high 163,608 in 2019 to a reduced of 82,103 (till March 2020) with a standard over the previous 4 years of 129,150.
In future, New Zealand Seafarer well-being assistance solutions will certainly be monetarily strengthened with every seafarer that checks out the nation having the ability to take advantage of the financial investment right into their functioning lives.
HRAS Comment
CHIEF EXECUTIVE OFFICER, David Hammond, commented: “Today, is a truly historic day for seafarers globally with a proven legislative route to long-term welfare service sustainability and financial security being applied through the maritime levy system. The hard work undertaken by the New Zealand Seafarer’s Welfare Board has set a precedent that can now be mirrored by coastal states around the world to benefit all seafarers going forward. Human Rights at Sea is pleased to have been able to support this change.”
Links
You can discover the regulations that altered the guideline below: https://www.legislation.govt.nz/act/public/2021/0009/latest/LMS290318.html
Updated Maritime Transport Act below: https://www.legislation.govt.nz/act/public/1994/0104/latest/DLM334660.html
2020 Statement from the Minister of Transport is readily available below: https://www.beehive.govt.nz/release/govt-fulfilling-commitment-improve-seafarer-welfare
HRAS carried out considerable sustaining help the New Zealand Sefararer Welfare Board concentrated on the 2020 independent record as well as Counsel’s point of view every one of which was offered with HRAS funds:
|HRAS
