WJ3.5 Considering requests for approval in principle

1. An Approval in Principle will only be granted if INZ is satisfied that:
   1. the NZCP has made genuine attempts to recruit New Zealanders; and
   2. the terms and conditions offered conform to the requirements associated with the employment of foreign crew included in the Code of Practice; and
   3. an acceptable New Zealand party (see WJ3.1.15) has provided a deed of guarantee in the standard form, ('Deed of Guarantee For Financial Obligations In Respect of Foreign Crew'); and
   4. the charter partners and all parties associated with them have acted, and will continue to act, in accordance with the Code of Practice.
2. INZ will determine whether the NZCP has made genuine attempts to find suitably qualified and experienced New Zealand citizens or residents having regard to independent advice from Work and Income New Zealand, the fishing industry and any other relevant source.
3. INZ will assess whether the terms and conditions offered to the crew conform with the Code of Practice with reference to:
   1. whether the NZCP is a signatory to the Code of Practice; and
   2. whether the NZCP and the FCP and any associated individuals have previously complied with the requirements associated with the employment of foreign crew included in the Code of Practice; and
   3. whether the NZCP and the FCP or any persons associated with the NZCP or the FCP are likely to comply with those requirements in the future; and
4. Where there has been a breach of the Code in the past by the NZCP or the FCP or individuals associated with the NZCP or the FCP (such as the Manning Agent) no further AIPs will be granted unless INZ is satisfied that the breach was of a minor nature and the cause and consequences of the breach have been remedied.

Effective 28/07/2008