WJ4.10 Fisheries Act 1996 (to 08/05/2017)

Note: These instructions cease to be effective from 8 May 2017.

See also Fisheries Act 1996, s103(5)

1. For the purposes of the Minimum Wage Act 1983 and the Wages Protection Act 1983, and any other enactment as are necessary to give full effect those Acts:
   1. the holder of a Foreign Charter Vessel (FCV) work visa employed or engaged to work on a FCV is deemed to be an employee; and
   2. the employer of such an employee to deemed to be the-
      • operator of the vessel (if the operator is the employer or contractor of those persons); or
      • the person from whom the operator has, by virtue of a lease, a sublease, a charter, a subcharter or otherwise, obtained possession and control of the vessel.
2. For the purposes of determining whether the payment to any employee to work on a FCV meets the requirements of the Minimum Wage Act 1983 and the Wages Protection Act 1983, the hours of work and the payment received (and the entitlements to payment) shall be assessed in relation to the whole of the period of such engagement or employment in New Zealand fisheries waters.
3. Labour Inspectors may exercise their powers under the Employment Relations Act 2000 and the Minimum Wage Act 1983 and the Wages Protection Act 1983 within New Zealand fisheries waters in respect of any person deemed to be an employee or employer.
4. If the operator of any vessel is not the employer, the authorised agent shall be responsible under the Minimum Wage Act 1983 and the Wages Protection Act 1983 for providing any information and records to any Labour Inspector.
5. The authorised agent may be served with any documents requiring service under the Minimum Wage Act 1983 and the Wages Protection Act 1983, and such service shall be deemed to be service on the employer.
6. The Employment Relations Authority and the Employment Court may exercise jurisdiction in respect of any relations that arises through being deemed an employee and employer as if there was a lawful employment relationship subject to New Zealand law.

Effective 17/12/2012