WJ3.1 Requests for approval in principle for FCFV crew members

1. The general objective of work permit policy (W1) applies to requests for approval in principle: that is, employment opportunities for New Zealand citizens and residents should be protected.
2. The NZCP must satisfy INZ that there are no (or insufficient) suitably qualified and experienced New Zealand citizens or residents available to crew the FCFV(s) for the specified period.
3. The NZCP must satisfy INZ that they and the FCP will comply with the Code of Practice on Foreign Fishing Crew and that where appropriate those parties and any individuals associated with them have a history of compliance with the Code.
4. The NZCP must supply a completed "Deed of Guarantee For Financial Obligations In Respect of Foreign Crew" in the standard form from an acceptable New Zealand party.

WJ3.1.1 Evidence of shortage

1. The NZCP must provide evidence that there are no suitable and available New Zealand applicants on the Deep Sea Fishing Crew Employment Register.
2. The NZCP may provide additional information to support the case for recruiting overseas crew, such as:
   1. evidence that Work and Income New Zealand was unable to provide suitably qualified and experienced New Zealand citizen or resident candidates; or
   2. evidence from others in the fishing industry about the current state of that part of the labour market.

WJ3.1.5 Adherence to the Code of Practice

1. The NZCP must be a signatory to the Code of Practice on Foreign Fishing Crew, and:
   1. must provide evidence that the terms and conditions of the employment agreements offered to the FCFV crew conform with those matters specified in the Code of Practice, and
   2. if requested, provide evidence that any previous fishing activities undertaken between the FCP and the NZCP (including the actions of any individuals associated with those parties) were compliant with the Code of Practice.

WJ3.1.10 Accountability in Circumstances of Default

1. An acceptable New Zealand party (see WJ3.1.15) must provide a deed of guarantee in the standard form ('Deed of Guarantee For Financial Obligations In Respect of Foreign Crew') guaranteeing:
   1. payment of minimum levels of crew remuneration as specified at WJ5 in the event of default by the employer; and
   2. repayment of any accommodation, maintenance and repatriation expenses arising from INZ compliance action in respect of FCFV crew in the event of default by the NZCP.

WJ3.1.15 Definition of 'acceptable New Zealand Party'

An 'acceptable New Zealand Party' is a New Zealand party that an immigration or visa officer is satisfied has the ability and available resources to act as a guarantor with respect to any minimum employment, accommodation, repatriation or maintenance obligations to the foreign crew.

Effective 28/07/2008