NATIONAL INTEREST ANALYSIS

International Convention on Standards of Training, Certification and

Watchkeeping for Fishing Vessel Personnel, 1995

Executive Summary

1. It is proposed that New Zealand accede to the International Convention

on Standards of Training, Certification and Watchkeeping for Fishing
Vessel Personnel, 1995 (the Convention).

2. The Convention is an International Maritime Organization (IMO) treaty

that came into force internationally on 29 September 2012. It is the first
international instrument to establish basic training and certification
standards for skippers and watchkeepers, and applies to engineers and
crew in charge of radio communication on fishing vessels1.

3. If New Zealand accedes to the Convention, New Zealand’s application of

it will apply to:

3.1 New Zealand seafarers serving on fishing vessels of 24 metres

and over in length or with engines of 750 kilowatt propulsion power
or more operating outside the 12-mile inshore fishing limit

3.2 foreign seafarers serving on fishing vessels of 24 metres and over

in length or with engines of 750 kilowatt propulsion power or more:

3.2.1 operating within New Zealand’s 200 nautical mile Exclusive

Economic Zone

3.2.2 that visit or operate out of New Zealand ports

4. The Report of the Ministerial Inquiry into the use and operation of
Foreign Charter Vessels, which informed the Fisheries (Foreign Charter
Vessels and Other Matters) Amendment Act 2014, included in its
findings a recommendation that New Zealand accede to the Convention.

5. New Zealand’s accession to the Convention will facilitate New Zealand’s

recognition of foreign seafarers’ certificates and qualifications issued by
other States that are party to the Convention. Where a foreign or
domestic seafarer is required to obtain or be reissued a New Zealand
certificate, the certificate holder will have obtained a professional
qualification with increased international recognition and portability.
6. Public consultation supports accession to the Convention.

1
The main aspects of watchkeeping are safe navigation and collision avoidance, monitoring
equipment to ensure continuous vessel operation, and managing log books and
communications.

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7. If New Zealand accedes to the Convention, it will need to do so in a
manner that is consistent with the Trans-Tasman Mutual Recognition
Arrangement (TTMRA) that entitles people registered to practise an
occupation in either New Zealand or Australia to do so in the other
country without further testing or examination. The preferred option is for
New Zealand to make a reservation, when it accedes to the Convention,
so that the TTMRA shall continue to apply with respect to the recognition
of Australian fishing vessel crew certificates2. The reservation would be
removed once Australia becomes party to the Convention.

Nature and timing of the proposed treaty action

8. The International Convention on Standards of Training, Certification and

Watchkeeping for Fishing Vessel Personnel, 1995 (the “Convention”)
sets international standards for basic training and certification for
skippers and watchkeepers on fishing vessels.

9. The Convention is an International Maritime Organization (IMO) treaty,

which entered into force on 29 September 2012 after reaching the
required 15 ratifications by IMO Member States.

10. Article 12 of the Convention provides for the Convention to come into
force in New Zealand three months after the deposit of the Instrument of
Accession with the IMO.

Application to Tokelau

11. The Convention applies to seafarers on fishing vessels of 24 metres and

over in length or with engines of 750 kilowatt propulsion power or more
operating beyond New Zealand’s 12-mile inshore fishing limit. Tokelau
does not have any vessels of this size, but has seafarers who serve on
such vessels internationally.

Reasons for New Zealand becoming party to the treaty

The Inquiry

12. In August 2011, a Ministerial Inquiry into the use and operation of Foreign
Charter Vessels (the Inquiry) was set up in response to widespread
concerns about the operation of foreign charter vessels fishing in New
Zealand’s Exclusive Economic Zone. Allegations included the
underpayment, mistreatment and trafficking of crew and other breaches
of employment rules, and breaches of vessel safety standards and
fisheries and environmental regulations.

2
A reservation excludes or modifies the legal effect of the treaty provision concerned with
respect to its application to the State that formulates the reservation.

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13. The negative international publicity surrounding the employment
conditions on foreign fishing vessels chartered in New Zealand was not
limited to the foreign owners and operators, but also targeted the New
Zealand companies using them, and the New Zealand government for
allowing such activities. The Inquiry identified that such publicity has the
potential to damage New Zealand’s reputation and the demand for New
Zealand exports and trade.

14. In its report to government in February 2012, the Inquiry recommended

15 corrective actions to address these concerns. The main
recommendation was that fishing in the Exclusive Economic Zone be
carried out by New Zealand registered vessels, thereby necessitating the
‘reflagging’ of foreign charter vessels.

15. A key benefit of reflagging is that the operations of such vessels would be
subject to domestic law, including New Zealand maritime rules. New
Zealand maritime rules, provided for in the Maritime Transport Act 1994,
have recently been aligned with Convention requirements, a process that
was informed by public consultation.

16. Another key Inquiry recommendation was that New Zealand announce its
intention to conduct a National Interest Analysis of the Convention, with a
view to ratifying it at the earliest possible date.

Alignment with other treaties

17. Under existing New Zealand maritime rules, certificates of competency or

proficiency are required for all crew employed in positions of
responsibility aboard all commercial vessels, including merchant,
passenger and fishing vessels. These national requirements meet or
exceed those provided for in the Standards of Training, Certification and
Watchkeeping for Seafarers, 1978 (STCW), to which New Zealand is
already a party. STCW provides for basic training, certification and
watchkeeping requirements for seafarers on vessels other than fishing
vessels.

18. STCW and the Convention, which applies the principles of STCW to
fishing vessels, are complementary to:

18.1 the International Convention on the Safety of Life at Sea 1974

(SOLAS), to which New Zealand is already party, and

18.2 the Cape Town Agreement of 2012 (the successor to the 1993
Torremolinos Protocol) that deals with the design, construction and
equipment of fishing vessels. New Zealand is not yet party to the
Cape Town Agreement of 2012 however a separate National
Interest Analysis proposes accession to the Agreement.

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19. In addition, the IMO has developed, in collaboration with the Food and
Agriculture Organization and the International Labour Organization, a
number of non-mandatory instruments that should be read in conjunction
with the Convention. These include the Document for Guidance on
Fishermen's Training and Certification, the revised Code of Safety for
Fishermen and Fishing Vessels, 2005, and the Voluntary Guidelines for
the Design, Construction and Equipment of Small Fishing Vessels, 2005.

20. Internationally, the Convention is expected to improve the quality of

education and training provided to those employed on fishing vessels and
enhance the standard of training and safety in the fishing industry. By
improving safety outcomes in the global fishing industry, the IMO expects
that the implementation of the Convention will help reduce death and
injury in fishing operations internationally.

Advantages and disadvantages to New Zealand of the treaty entering

into force and not entering into force for New Zealand

21. The advantages of acceding to the Convention outweigh the

disadvantages.

Advantages of treaty action

Reputational

22. As a member of the IMO and related fora, accession by New Zealand
would maintain our standing with respect to international maritime policy
and regulation, and our ability to influence other countries to adhere to
such measures. Accession would also underscore New Zealand’s
contribution to the effective regulation of international and domestic
shipping.

Administrative

23. New Zealand law is already compliant with the Convention. Maritime
Rules Part 31: Crewing and Watchkeeping and Maritime Rules Part 32:
Seafarer Certification are the domestic maritime rules relevant to the
Convention. Amendments to these maritime rules, which brought them
into alignment with the Convention, came into force on 1 April 2014. As a
result, accession to the Convention would not have any additional
compliance impact on New Zealand flagged fishing vessels.

24. Of the States to which foreign charter fishing vessels operating in New
Zealand are currently flagged, the Ukraine and the Russian Federation
are already party to the Convention and the Republic of Korea has
indicated its intention to accede to it. Japan, to which the balance of the
New Zealand foreign charter fishing fleet are registered, has proposed to
the IMO that the Convention be updated, and is likely to accede should
the resulting amendments to it be adopted.

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25. Accession to the Convention will enable New Zealand to verify and
enforce the Convention’s standards on foreign fishing vessels registered
to States that are party to the Convention. Where a vessel is flagged to a
State that is not party to the Convention, Article 8 (Control) makes visiting
fishing vessels subject to New Zealand Port State Control with respect to
Convention requirements3.

26. In the absence of bilateral arrangements, the current process for Maritime
New Zealand (Maritime NZ) to recognise an overseas-issued fishing
certificate requires an assessment of the applicant’s prior learning.
Experience has shown that it can be difficult and time consuming to get
this information and assess it to the level necessary to have confidence in
the foreign qualifications and ensure New Zealand requirements are met.

27. Accession will provide opportunities to streamline the process for

recognition of overseas seafarers’ certificates where such certificates
have been issued by jurisdictions that are party to the Convention.

28. Accession to the Convention would also make it easier for New Zealand
seafarers who are working in overseas jurisdictions that are party to the
Convention. Maritime NZ is receiving intermittent approaches from New
Zealand seafarers who have either been denied or lost employment in
overseas jurisdictions that are party to the Convention, because New
Zealand is not a party. This would be resolved once New Zealand
accedes to the Convention.

29. Currently, all seafarers with overseas certificates, with the exception of
those who benefit from mutual recognition through the Trans-Tasman
Mutual Recognition Arrangement (TTMRA), are required to apply for a
New Zealand Certificate of Competency that is issued if prior learning
requirements for certificates are met.

30. If New Zealand accedes to the Convention, holders of foreign certificates

issued by a State that is party to the Convention would have their
certificates assessed by Maritime NZ through a streamlined recognition
process. Holders of foreign certificates who are not party to the
Convention would need to apply for a New Zealand Certificate of
Competency as is currently the case.
Health and Safety

31. The IMO has identified three areas to improve fishing vessel safety,
namely: safety-oriented management; well-trained and competent crews;
and seaworthy vessels. New Zealand’s safety management system, the
Maritime Operator Safety System, addresses the first of these areas and
the accession to the Convention addresses the second. Accession to the
Cape Town Agreement of 2012, addresses the third area.

3
Port State Control enables the inspection of foreign ships in national ports to verify that the
condition of the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with maritime rules.

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Disadvantages of treaty action

32. Chapter I Regulation 7.2 of the Convention prohibits a party from

recognising seafarer certificates issued by non-party States.

33. This regulation is unlikely to have a material impact on New Zealand

fishing operators who have, up to this time, employed such certificate
holders (such as on foreign charter fishing vessels).

34. This is because the Fisheries (Foreign Charter Vessels and Other
Matters) Amendment Act 2014 requires foreign charter fishing vessels
operating in New Zealand to re-register (‘reflag’) to New Zealand by 1
May 2016 or cease fishing quota. Once reflagged, a vessel is fully subject
to New Zealand law, including Maritime Rules Part 31: Crewing and
Watchkeeping and Maritime Rules Part 32: Seafarer Certification. These
Rules are already aligned with Convention requirements.

35. New Zealand’s non-recognition of certificates issued by non-party States

would not affect foreign certificate holders working on New Zealand
flagged fishing vessels to which the Convention’s application does not
apply (fishing vessels less than 24 metres in length).

Legal obligations which would be imposed on New Zealand by the treaty

action, the position in respect of reservations to the treaty, and an
outline of any dispute settlement mechanisms

Overview

36. The Convention comprises 12 Articles and an Annex.

37. The Convention Articles provide the framework and include scope of
application, requirements for national provision, Port State Control, and
treaty procedural steps such as amendments, and entry into force.

38. The Annex consists of Chapters and Regulations that set out core
requirements and principles, including application and exemption criteria
and definitions. The Chapters are as follows:

38.1 Chapter I contains general provisions which includes the process

for certification and recognition of certificates, limited exemption
provisions and transitional provisions

38.2 Chapter II relates to certification of skippers, officers, engineer

officers and radio operators

38.3 Chapter III relates to basic safety training for all fishing vessel
personnel

38.4 Chapter IV relates to Watchkeeping.

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Summary of the legal obligations imposed by the Treaty

39. Under Article 3 (Application), the Convention shall apply to personnel

serving on board seagoing fishing vessels to which the Convention
applies and that fly the flag of a party-State4.

40. Article 6 (Certification) states that fishing vessel personnel shall be

certificated in accordance with the provisions of the Annex to the
Convention.

National provisions

41. Article 7 (National provisions) requires each party-State to establish

processes and procedures to:

41.1 investigate reports of incompetency, act or omission, that may

pose a direct threat to safety of life or property at sea or to the
marine environment, by the holders of certificates or endorsements
issued by that party, and

41.2 allow for the withdrawal, suspension and cancellation of such

certificates for such cause and for the prevention of fraud.

42. Article 7 also requires party-States to prescribe penalties or disciplinary

measures for cases in which the provisions of its national legislation
giving effect to this Convention are not complied with in respect of
vessels entitled to fly its flag or of fishing vessel personnel certificated by
that party.

Port State Control

43. Article 8 (Control) makes visiting fishing vessels subject to New Zealand
Port State Control with respect to Convention requirements. Taken
together with the Cape Town Agreement of 2012, Maritime NZ will be
able to verify that the condition of the ship and its equipment comply with
the requirements of international regulations and that the ship is manned
and operated in compliance with maritime rules.

44. Both the Convention (Article 8.3.2) and the Cape Town Agreement of
2012, prohibit a party, when exercising Port State Control over visiting
fishing vessels, from treating non-parties more favourably than
Convention parties. Effectively, this means non-parties are held to the
same account as Convention parties. The reason for this provision, which
is typical of IMO treaties generally, is to avoid the situation where States
are incentivised to not accede to the Convention in order to avoid
compliance with international maritime regulations.

4
A seagoing fishing vessel is a fishing vessel that does not operate exclusively in inland
waters or in waters within, or closely adjacent to, sheltered waters or areas where port
regulations apply.

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45. Chapter I Regulation 4 (Control procedures) limits Article 8’s control
functions to:

45.1 verifying that all fishing vessel personnel serving on board who are
required to be certificated by the Convention are so certificated or
hold the required dispensation

45.2 assessing the ability of the fishing vessel personnel to maintain

watchkeeping standards as required by the Convention if there are
clear grounds for believing that such standards are not being
maintained, because:

45.2.1 the vessel has been involved in a collision, grounding or

stranding; or

45.2.2 there has been a discharge of substances from the vessel

when under way, at anchor or at berth which is illegal
under international conventions; or

45.2.3 the vessel has been manoeuvred in an erratic or unsafe

manner, whereby relevant measures adopted by the IMO,
or safe navigation practices and procedures, have not
been followed; or

45.2.4 the vessel is otherwise being operated in such a manner

as to pose a danger to persons, property or the
environment

45.3 deficiencies deemed to pose a danger to persons, property or the

environment.

Reservation and dispute resolution

46. Article 11 (Signature, ratification, acceptance, approval and accession)

provides for accession with or without reservation5. At this stage, the only
reservation under consideration is that pertaining to the recognition of
certificates issued in accordance with the TTMRA, discussed later in this
document.

47. There is no dispute resolution mechanism in the Convention.

Flexibility in applying the Convention’s certification requirements

48. Chapter I Regulation 2 (Application) allows a party-State, in whole or part,

to not fully apply Chapter II’s mandatory minimum requirements for
specified vessels under 45 metres in length. Areas of flexibility are:

48.1 the certification of skippers on fishing vessels of 24 metres in

length and over operating in limited waters (Regulation 3)

5
A reservation excludes or modifies the legal effect of the treaty provision concerned with
respect to its application to the State that lodges the reservation.

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 48.2 the certification of officers in charge of a navigational watch on
fishing vessels of 24 metres in length and over operating in limited
waters (Regulation 4)

48.3 chief engineer officers and second engineer officers of fishing

vessels powered by main propulsion machinery of 750 kilowatts
propulsion power or more (Regulation 5)

48.4 the use of English language, so that skippers and officers are able
to:

48.4.1 use charts and other nautical publications (Regulation 1.15

and Regulation 1.17)

48.4.2 understand meteorological information and messages

concerning ship's safety and operation (Regulation 1.15
and Regulation 1.17)

48.4.3 understand and use the IMO Standard Marine

Communication Phrases (Regulation 1.15 and Regulation
1.17)
48.4.4 to communicate with other ships or coast stations
(skippers only, as per Regulation 1.15).

49. Chapter I Regulation 2 (Application) stipulates that decisions to restrict

the Convention’s application must not derogate from its principles of
safety. Reporting to the IMO is required with respect to the training and
certification of personnel affected.

50. Chapter I Regulation 9 (Dispensation) enables a party-State to issue a

dispensation permitting a person not holding an appropriate certificate, to
serve on a specified fishing vessel for up to six months, if:

50.1 such dispensation will not cause danger to persons, property or

the environment

50.2 the person to whom the dispensation is issued is adequately

qualified to fill the vacant post in a safe manner, to the satisfaction
of the Administration (the party).

Transitional arrangements
51. Chapter I Regulation 8 (Transitional provisions) provides for the
recognition of certificates issued prior to accession. This regulation also
provides for a party-State, for a period not exceeding five years after the
Convention came into force for that party, to continue to issue certificates
of competency in accordance with its previous practices. Such certificates
shall be recognised as valid for the purpose of the Convention.

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52. During this transitional period, such certificates shall be issued only to
persons who had commenced their sea service before entry into force of
the Convention. The party shall ensure that all other candidates for
certification are examined and certificated in accordance with the
Convention.

53. Chapter I Regulation 7.1 requires that parties to the Convention

recognise the seafarer certificates issued by other parties to the
Convention. Conversely, Chapter I Regulation 7.2 prohibits the
recognition of certificates issued by non-party States. As outlined later in
this document, ‘recognition’, for the purposes of the Convention, does not
involve acceptance without limitation. Recognition enables the Director of
Maritime NZ to apply a streamlined pathway consistent with the
requirements of section 41 of the Maritime Transport Act 1994.

54. Seafarers with certificates issued by non-party States will still be able to
work on New Zealand registered fishing vessels to which the Convention
applies, if the Director of Maritime NZ issues them with a Certificate of
Competency.

Measures which the Government could or should adopt to implement the

treaty action, including specific reference to implementing legislation

55. No amendments to the Maritime Transport Act 1994 or other legislation

are envisaged in order to implement the Convention, with the exception
of:

55.1 minor amendments to Maritime Rules Part 31: Crewing and

Watchkeeping and Maritime Rules Part 32: Seafarer Certification

55.2 a potential TTMRA exemption, cited in paragraph 60(3) below

(however this is not the preferred option).

56. New Zealand Maritime Rules Part 31: Crewing and Watchkeeping and
Part 32: Ships' Personnel – Qualifications already align with the
Convention, and address its Article 7: National Provisions (administrative
and certification compliance).

New Zealand’s legal obligations and the TTMRA

57. Australia is not currently party to the Convention although it is actively
considering accession.

58. Under the TTMRA, people registered to practise an occupation in either

New Zealand or Australia can do so in the other country without having to
undergo further testing or examination. It is therefore important that, if
New Zealand accedes to the Convention, these rights are not infringed.

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59. The TTMRA is given effect in New Zealand law through the Trans-
Tasman Mutual Recognition Act 1997 (TTMR Act). The TTMR Act
provides that every law of New Zealand must be read subject to the
TTMR Act, unless otherwise expressly provided. This strong provision
reflects the centrality of the TTMRA to the trans-Tasman relationship and
New Zealand’s economic welfare.

60. If New Zealand accedes to the Convention, Australian seafarers’

certificates would continue to be recognised, with the exception of those
held by seafarers wishing to work on fishing vessels subject to the
Convention.

61. This issue, although not significant in terms of the number of seafarers
affected, is significant from the standpoint of honouring our international
obligations, and because of the TTMRA’s importance to New Zealand’s
economic welfare. Any action taken needs to be consistent with both New
Zealand’s legal obligations under the TTMRA and the image New
Zealand wants to project.

Options to address TTMRA concerns

62. Officials have considered three options to address incompatibility with the
TTMRA. These options are to:

62.1 include, with the instrument of accession to the Convention, a

reservation to the effect that the TTMRA shall continue to apply with
respect to the recognition of Australian certificates. The reservation
would remain in place until such time as Australia becomes party to
the Convention (Option 1 - preferred option).

62.2 accede to the Convention once accession legislation is enacted in

Australia (Option 2)

62.3 obtain an exemption under paragraph 5.11 of the TTMRA and

section 84 of the Trans-Tasman Mutual Recognition Act 1997, for
the domestic legislation relating to certification matters in the
Convention (Option 3).

63. Option 1 has parallels to a recent proposal by the European Union with
respect to potential accession by its Member States.

64. Both Options 2 and 3 have implications that need to be carefully

considered. Delaying accession until such time as Australia accedes
would delay realisation of the benefits to New Zealand of acceding to the
Convention. Coordinating the timing of New Zealand’s accession with
Australian action would also require international administrative
coordination.

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65. Option 3, of obtaining an exemption within the TTMRA, would allow New
Zealand to accede to the Convention before Australia was ready. This
option would require the Australian federal, state and territory
governments to all agree to the exemption. Inherent in the need for such
agreement is the possibility that it may not be forthcoming or that it may
take some time to secure.

66. While obtaining an exemption under Option 3 would ensure New Zealand
complies with the TTMRA, it may create future problems by setting a
precedent. Currently, the medical profession is the only occupation
exempt from the TTMRA because the profession has its own agreement
that achieves the same outcome as the TTMRA. Further exemptions
would erode the broad coverage of the TTMRA for registered
occupations and may not benefit New Zealand.

67. This TTMRA issue is time bound from the standpoint that the Australian
Maritime Safety Authority is currently in the process of aligning Australia’s
Marine Orders (equivalent to New Zealand’s Maritime Rules) with the
provisions of the Convention in preparation for Australia’s potential
accession.

Economic, social, cultural and environmental costs and effects of the

treaty action

Economic
68. There are unlikely to be any meaningful costs for the New Zealand
economy of acceding to the Convention.

69. Direct economic benefits are likely for New Zealanders working and
seeking employment in overseas jurisdictions that have ratified the
Convention, because of reduced compliance costs. Accession will mean
that New Zealanders will not be excluded from work in overseas
jurisdictions that do not recognise certificates issued by non-party States.

70. The operators of a small number of New Zealand fishing vessels

operating in overseas jurisdictions that are party to the Convention are
also likely to benefit through reduced administrative oversight from those
jurisdictions.

Environmental, Social and Cultural

71. No discernable environmental or cultural costs or effects are expected as
a result of acceding to the Convention. The potential for improved safety
on fishing boats to which the Convention applies is a social benefit.

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The costs to New Zealand of compliance with the treaty

72. No compliance or administration costs associated with accession are

anticipated. This is in large part because domestic Maritime Rules
relating to training, certification and watchkeeping for fishing vessels, and
related industry practice, are already aligned with the Convention’s
requirements.

Completed or proposed consultation with the community and parties

interested in the treaty action

73. In November 2012, Maritime NZ publicly consulted on proposed changes

to Maritime Rules Part 31: Crewing and Watchkeeping and Maritime
Rules Part 32: Seafarer Certification, which included alignment with the
Convention. No opposition to the proposed changes was expressed.

74. Consultation on these rules was carried out in accordance with the
requirements of the Maritime Transport Act 1994. No further public or
sector consultation is envisaged.

75. The Inquiry was informed by a public consultation process that found
strong support for New Zealand to accede to the Convention.

Public consultation
76. Following Cabinet approval to consult, the Ministry of Transport
undertook public consultation from 8 April to 6 May 2015 on whether New
Zealand should accede to the Convention.

77. Industry and iwi were targeted for consultation via email while the wider
public had the opportunity to submit through the consultation paper and
submission template on the Ministry of Transport’s public website.

78. The consultation document outlined:

78.1 what the Convention is, and why the Government is considering
becoming a party to it

78.2 who the Convention impacts, its requirements, and how it

compares with New Zealand law

78.3 the options to address TTMRA concerns.

79. Eight submissions were received from academia, industry and

individuals. All supported accession to the Convention.
Seafarer certification
80. One submitter expressed concern that the requirement (under Chapter I
Regulation 7.1 of the Convention) for mutual recognition of certificates
issued by STCW-F party-States could require New Zealand to recognise
all foreign certificates, even where doubt exists about the issuer’s
teaching and examination standards.

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81. This concern appears based on a mistaken understanding that
‘recognition’, for the purposes of Chapter I Regulation 7 (Recognition of
certificates) of the Convention, equates to acceptance without limitation.

82. Chapter I Regulation 7(1) requires each Administration (Director of

Maritime NZ), when recognising a certificate issued by another party to
the Convention (in accordance with Chapter I Regulation 3(5)), to ensure
compliance with the Convention’s requirements for standards and
competence, and any endorsements (limitations) of certification specified
by the party that issued or authorised the certificate.

83. This obligation is already met by New Zealand legislation. Section 41(3)
of the Maritime Transport Act 1994 states that, in no case shall the
Director of Maritime NZ recognise foreign qualifications or foreign
certificates where —

(a) the requirements to gain such qualifications or to obtain such

certificates are less than the requirements to gain similar
qualifications or to obtain similar certificates in New Zealand; and

(b) the Director believes that to recognise such qualifications or

certificates might pose a risk or danger to the safety of any person,
to property, or to the marine environment.

84. Maritime NZ is developing a streamlined recognition pathway for

applicants holding certificates issued by another party to the Convention
(should New Zealand accede). This streamlined pathway will have
similarities to that already in place to assess applications from Australian
certificate holders, with respect to TTMRA provisions.

85. In each case, the Director will be able to specify additional requirements,
such as training, if it is determined that the conditions of section 41 of the
Maritime Transport Act 1994 have not been met. As is the case with
applications received from foreign certificate holders, generally, the
Director approves each application subject to privileges (such as the
type of duties that can be undertaken) and endorsements (such as
requirements for professional supervision).
TTMRA issues
86. Three submitters commented on the options, outlined in paragraph 62,
above, to address TTMRA issues.

87. Two submitters preferred Option 1 (New Zealand’s instrument of

accession including a reservation to the effect that the TTMRA shall
continue to apply with respect to the recognition of Australian
certificates).

88. A third submitter rejected the case that provision needs to be made for
Australian seafarers’ certificates to continue to be recognised under the
TTMRA, stating that “our standards are as high, or higher” than those
issued by Australian jurisdictions.

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Departmental consultation

89. The following Government agencies were consulted in relation to this

paper: the Ministry of Business, Innovation and Employment, Ministry for
Primary Industries, the Ministry of Foreign Affairs and Trade, Te Puni
Kōkiri, the Treasury, and Maritime NZ. These agencies all supported
accession. The Department of the Prime Minister and Cabinet was
informed.

Subsequent protocols and/or amendments to the treaty and their likely

effects

90. Article 10 of the Convention contains the procedure by which the

Convention may be amended. The procedure for amending the
Convention is dependent upon whether an Article of the Convention or an
Annex or Appendix to the Convention is being amended.

91. The Maritime Safety Committee (“Committee”) within the IMO is the main
forum for initial consideration of amendments. In order for agreement to
be reached, at least a third of all parties to the Convention need to be
present. A two-thirds majority of those parties present needs to
affirmatively vote for an amendment in order for an amendment to
proceed from the stage of Committee consideration and be “adopted”.

Amending an Article

92. Following adoption by the Committee, an amendment to an Article of the

Convention (“Article Amendment”) will be deemed to have been
confirmed as an amendment to the Convention on the date on which two
thirds of the parties have declared their individual acceptance of the
Article Amendment in writing to the Secretary-General. Such declaration
may be made at any time following adoption by the Committee and is a
separate step from the initial vote.

93. It is important to note that an Article Amendment will only enter into force
for parties which have declared their acceptance of the Article
Amendment (using the process described at paragraph 91 above). For
those parties who have made a declaration of acceptance, entry into
force occurs six months after the date on which it was deemed to be
confirmed, while for parties that make their written declaration of
acceptance after this date, entry into force will occur six months after the
date of that party’s declaration. An Article Amendment will not enter into
force for a party that does not declare its acceptance of the Article
Amendment and therefore, such a party will not be bound by it.

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Amending an Annex or Appendix

94. Following adoption by the Committee, an amendment to an Annex or

Appendix (an “Annex Amendment”) will be deemed to have been
confirmed by the parties as an amendment at the end of two years from
the date of adoption by the Committee (unless this time period is adjusted
at the time of adoption). Within the time period following adoption, parties
may object to the Annex Amendment. If one-third of the parties notify the
Secretary-General that they object to the Annex Amendment, then the
Annex Amendment will not proceed.

95. An Annex Amendment shall enter into force with respect to all parties,
except those who lodged objections under paragraph 94 above, on the
date six months after the applicable time period expires – either two
years or as determined otherwise. Within this six month window, a party
may give notice to the Secretary-General that it exempts itself from giving
effect to that amendment for a period not longer than one year (or for a
longer period as determined by a two-thirds majority of parties present
and voting in the Committee at the time the amendment is adopted). This
extra time allows for domestic implementation to occur.

Amendment by a Conference

96. Amendments may also be proposed at a Conference of the parties,

convened at the request of a party with support of one-third of the parties.
If an amendment is adopted by two-thirds of the parties at the
Conference present and voting, then the procedure set out from
paragraph 92 above applies.

Cabinet Approval

97. Approval has been sought from Cabinet for future amendments to be
made to the Annexes and Appendixes of the Convention without the
need to seek Cabinet approval, so long as such amendments are minor
or technical in nature. All Article Amendments will need to be approved
by Cabinet and any amendments that change New Zealand’s substantive
obligations under the Annexes and Appendices will also be required to be
approved by Cabinet.

98. No immediate amendments to the Convention are anticipated. Potential

exists for future amendments to align the Convention more explicitly with
the STCW Convention that applies to merchant shipping.

Withdrawal or denunciation provision in the treaty

99. The Convention may be denounced by any party after the expiry of five
years from the date on which the Convention enters into force for that
party (Article 13.1).

100. Any denunciation takes effect 12 months after receipt of the denunciation
by the Secretary-General or after the expiry of any longer period which
may be indicated in the notification (Article 13.3).

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