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Submission to the Primary Production Committee on the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill 2012 from STOP THE TRAFFIK-Aotearoa New Zealand
24 March 2013 STOP THE TRAFFIK Aotearoa New Zealand is a non-profit organization dedicated to raising awareness about and preventing forced labour and exploitative working conditions in the Pacific Region, especially in Aotearoa New Zealand. STOP THE TRAFFIK-Aotearoa New Zealand is part of a global network that has more than 1000 member organisations in 50 countries and tens of thousands of activists all over the world. The organisation is committed to the prevention of human trafficking, protection for individuals who have been trafficked, and prosecution of human traffickers. The organization works to raise awareness of the causal factors of human trafficking, and works in cooperation with the whole of civil society to bring about effective change.

The members of STOP THE TRAFFIK-Aotearoa New Zealand appreciate the opportunity to respond to the above amendment bill.

STOP THE TRAFFIK-Aotearoa New Zealand supports the overall purposes of the proposed Fisheries (Foreign Charter Vessels and Other Matters) Amendment Bill 2012, however would like to highlight areas of concern to be considered for amendments. The organization urges that changes be made to current legislation immediately. Concerning registration: Clause 4(2) amends section 103(4). We agree that it is necessary for the chief executive to consider employment and vessel safety issues when registering a vessel. Clause 5 inserts in new section 106(A). We agree that the chief executive should be able to suspend or cancel a vessels registration in the case of breaching vessel safety or employment laws. Concerning registration: It is necessary to clarify what will be accepted as underpayment or alleged abuse. The term exceptional circumstances is not clear and would be subject to subjectivity; this should be clearly defined.

Concerning observers: Clause 21 amends section 225. We strongly support the provision that extends observers authority to include vessel safety and employment. Concerning observers: Observers should be granted access to all employment records (including time sheets) to enable them to properly and wholly complete their obligations. Additionally, vessels that have been recognised as high-risk should require more than two observers; two observers on high-risk vessels is unacceptable for concerns of safety (for both crew and observers), considering the assumed high level of risk. More than two observers should be required until the operator is able to prove higher levels of safety on the vessel. Concerning reflagging: Clause 10 replaces section 103. We strongly support that all vessels fishing in New Zealand waters be re-flagged. Concerning reflagging: It is essential that the New Zealand government be able to monitor all employment, health, safety, and environmental concerns on all fishing vessels in New Zealand jurisdiction. The immediacy of this concern is especially great: There are numerous proven and alleged accounts of breaches of New Zealand labour, health and safety and environmental laws. The proposed four-year transition period would allow for human rights abuses and gross breaching of environmental law to continue to occur. Shortening the period to two years would allow the government to more quickly monitor for worker and environment safety, putting an end to human rights and environmental abuses. We would like to thank the Primary Production Committee for the opportunity to make this submission. Oral submission: We request to appear before the committee.

Contact person for this submission is, Rachel Bogen member of the steering committee of STOP THE TRAFFIKAotearoa New Zealand Email: rachelbogen@gmail.com Daytime telephone: 021 036 4014 This submission has been approved by the steering group of STOP THE TRAFFIK Aotearoa New Zealand. Coordinator, Chris Frazer Chris_frazer@nzf.salvationarmy.org