Maritime Union of New Zealand

The Maritime Union says it will raise the situation of the Oyang 75 fishery prosecutions when it appears before a hearing tomorrow (Monday 17 October) for the Government Inquiry into Foreign Charter Vessels in the New Zealand fishing industry.

Investigations by the Ministry of Fisheries have led to 26 charges being laid against five Korean officers including the captain of the Oyang 75.

The Ministry of Fisheries reported on 13 October that the commercial fishing vessel Oyang 75 had sailed from Port Lyttelton.

The first court date for the officers is in the Christchurch District Court on 17 November 2011.

Depending on the outcome, the Oyang 75 may become forfeit to the New Zealand Government, according to the Ministry, and a bond had been placed on the vessel.

Maritime Union of New Zealand General Secretary Joe Fleetwood says the union is pressing for a complete overhaul of fisheries regulations and the removal of foreign charter vessels from the New Zealand fishing industry.

“We have come to expect this type of thing from so many of these foreign chartered vessels operating in joint ventures. The pattern of worker exploitation and environmental plunder are two faces of the same coin.”

But Mr Fleetwood says the blame is getting placed on crews, while the corporate executives at the top of the “food chain” were walking away with profits from rotten and unethical practices.

“Once again we see crews taking the rap and getting charged, but everything they do will be a result of getting immense pressure on from the charterers and the ship owners who demand profit at all cost.”

“The system is set up so the big operators keep their distance from the dirty end of things.”

Mr Fleetwood says compared to other maritime disasters recently, this may seem small time, but it showed how lax standards and the deregulated open coast policy promoted by Government and business were the norm in the maritime industry.

“This is where the problems can be tracked back to, right to the top of New Zealand’s political and business establishment.”

Mr Fleetwood says the history of the Oyang 75 and its doomed predecessor the Oyang 70 made amazing reading and it was a travesty any vessels from this company were still allowed on the New Zealand coast.

The Wellington hearings for the Inquiry will be held in the Grand Chancellor Meeting Room, Hotel Grand Chancellor James Cook, 147 The Terrace, Wellington from 10 am to 4 pm on Monday, 17 October.

The Maritime Union will be making its presentation at 1.15pm.

Background to the Oyang 75

The company responsible for chartering Oyang 75, Southern Storm Fishing, were the charterers of the vessel Oyang 70 that sank in 2010 off New Zealand with the deaths of six crew.

In May 2011, Southern Storm Fishing held a “media event” in Dunedin where television journalists from both main networks were invited on board to inspect their new replacement vessel, the Oyang 75.

But less than two months later, the crew of the new flagship of their fleet have abandoned the Oyang 75 en masse in Lyttelton, claiming physical and verbal abuse and underpayment.

A pattern of activities has been identified by the Maritime Union going back several years, in relation to the operations of Southern Storm Fishing and their vessels and crews.

ShinJi and Mr Hyun Choi

Department of Labour was reported earlier this year as investigating claims of abuse and underpayment of crew on ShinJi.

Crew members told media they left the vessel in Auckland due to underpayment and mistreatment.

The Shin Ji is chartered by Christchurch-based Tu Ere Fishing, which went into voluntary administration earlier in 2011.

A director of the company was Hyun Choi, also a director of Southern Storm Fishing.

In 2009 the ITF and Maritime Union investigated the Shin Ji after 12 Indonesian crew left the vessel.

The reasons they gave for leaving the vessel were non payment of wages, problems with harassment from officers, and substandard living and working conditions.

ITF inspector Grahame MacLaren reported a number of problems – “the vessel was in need of a good clean and there were large areas of rust on the deck in the galley, no bed linen, no hot water with the crew expected to shower in cold sea water. We also pointed out that the life rafts were almost inaccessible due to fishing gear being stowed all around them.”

NZ$52,776 in back pay was secured for the crew by the ITF and the crew were repatriated back to Indonesia despite initial resistance from the charterers.

Southern Storm media promotion

Southern Storm represented by publicist Glenn Inwood of Omeka Communications in Oyang 75 media promotion in May 2011.

Inwood’s previous clients have included Japanese whaling industry and tobacco companies.

The $1000 “Bounty”

An advertisement placed in the Otago Daily Times in 2007 offers an $1000 bounty for information about missing crew member Kismo Pakistan who left his vessel the FV Oyang 70 in Dunedin on 5 June 2007.

The contact listed in the advertisement was Fisheries Consultancy Limited of Lyttelton and the advertisement was authorized by Southern Storm Fishing (2007) Limited of Christchurch.

Breach of RMA

In 2009 Southern Storm was found guilty of breaching the Resource Management Act following an oil spill from the Oyang 70 in Port Nelson.

They contested that they were not the responsible party, but the judge found otherwise.

Sinking of Oyang 70

Southern Storm chartered vessel Oyang 70 sinks on 18 August 2010, 400 nautical miles off Otago coast. Six crew drowned.

Surviving crew kept away from media when taken ashore. The crew were then bussed to a secret location, with police closing the Lyttelton tunnel so a media contingent could not follow the survivors’ bus through to Christchurch.

A former police officer involved in the case stated that crew were “treated appallingly” (Sunday Star Times, 12 April 2011).

“All the survivors came with the same story, and they all said they were hauling a bag of fish,” says Greg Lyall, captain of the Amaltal Atlantis, who rescued the survivors.

“The vessel lent over to one side – the factory filled up with water and the engine room filled up with water. There were no alarms, no lighting, nothing, and within 10 minutes the boat was gone and most of them had to swim to the life rafts.”

The Maritime Union of New Zealand has welcomed today’s announcement by the Government of the terms of reference and panel for an official and wide ranging inquiry into foreign owned vessels in the fishing industry.

Maritime Union General Secretary Joe Fleetwood says the Government’s objectives sound good on paper, but the Union wants real answers.

“Enforceable rules and regulations for labour standards, and the need for New Zealand to benefit from our own resources, including jobs, are the big issues. This inquiry will need to shine a light into dark places.”

“This inquiry is long overdue and the Maritime Union have been calling for one for many years. But we know in advance that this inquiry will confirm what we already know, that disgraceful practices have become the norm and accepted by the industry.”

This has caused great harm, says Mr Fleetwood.

He says in 2006 new regulations were brought in to tighten up the rules around overseas crews on joint venture vessels, but the inquiry was effectively an admission that previous efforts had not cleaned up the industry.

“This is a problem that has been allowed to grow and grow for decades.”

Mr Fleetwood says the Maritime Union’s goal for the fishing industry was simple.

“We want to have the fishing and processing done by New Zealand operators employing New Zealand workers on decent wages and conditions. We want the phase out of joint ventures. They’ve been a failure, that has resulted in New Zealand being identified internationally as a place where disgraceful practices are condoned.”

“If overseas crews are phased out, the abuse, exploitation and underpayment will be solved.”

Mr Fleetwood says the Maritime Union would be working with other bona fide unions and the International Transport Workers’ Federation to discuss ways to organize local and international labour in the industry.

The announcement of a ministerial inquiry into foreign fishing charter vessels in New Zealand waters is long overdue.

The Maritime Union says ongoing problems with the abuse and underpayment of overseas crews on joint venture vessels in New Zealand waters have become an international embarrassment.

Maritime Union of New Zealand General Secretary Joe Fleetwood says the Maritime Union and International Transport Workers Federation (ITF) had intervened in numerous cases in the past few years.

“We are interested to see the industry is now calling for the inquiry, but we have been calling for an inquiry like this for years. It has been a long time coming.”

Mr Fleetwood says the current regulation of the New Zealand fishing industry and joint venture operators using international crews was being shown up as a failure.

“It is time to lance this boil. There needs to be a thorough investigation of the industry and immediate concrete steps, not just talk, to clamp down on the abuse and exploitation of overseas crews in New Zealand waters.”

Mr Fleetwood says the Union will be demanding that the ministerial inquiry is not just a “smother job” that sits on the bookshelf gathering dust.

“This must not be a box ticking exercise. We know what the problems are, what we need now is action, proper regulation, proper enforcement, to clean up a mess that has been allowed to grow for years under successive Governments.”

He says the Union wants an industry with world class wages and conditions for all workers, and employment opportunities for New Zealand workers in their own industry.

Mr Fleetwood says a recent incident where 32 crew left the Oyang 75 in Lyttelton earlier this month was an example of some of the problems in the industry.

The company responsible for chartering the Korean vessel, Southern Storm Fishing, were the charterers of the vessel Oyang 70 that sank last year with the deaths of six crew.

In May 2011, Southern Storm Fishing held a “media event” in Dunedin where journalists were invited on board to inspect their new replacement vessel, the Oyang 75.

But less than two months later, the crew of the new flagship of their fleet have abandoned the Oyang 75 en masse in Lyttelton, claiming physical and verbal abuse and underpayment.

In the latest development, a diplomat from the US State Department is currently visiting New Zealand as part of a investigation into global “human trafficking” which includes the abuse of fishing crews.

Mr Fleetwood says the Maritime Union is meeting with Ambassador Luis CdeBaca during his visit tomorrow to discuss concerns about the abuse of international crews in the global and New Zealand fishing industry.

Background to Oyang 75
A pattern of activities has been identified by the Maritime Union going back several years, in relation to the operations of Southern Storm Fishing and their vessels and crews.

ShinJi and Mr Hyun Choi
Department of Labour is reported to be currently investigating claims of abuse and underpayment of crew on ShinJi.
Crew members told media they left the vessel in Auckland several weeks ago due to underpayment and mistreatment.
The Shin Ji is chartered by Christchurch-based Tu Ere Fishing, went into voluntary administration recently.
A director of the company is Hyun Choi, also a director of Southern Storm Fishing, currently engaged in the Oyang 75 crew dispute in Christchurch.
In 2009 the ITF and Maritime Union investigated the Shin Ji after 12 Indonesian crew left the vessel.
The reasons they gave for leaving the vessel were non payment of wages, problems with harassment from officers, and substandard living and working conditions.
ITF inspector Grahame MacLaren reported a number of problems – “the vessel was in need of a good clean and there were large areas of rust on the deck in the galley, no bed linen, no hot water with the crew expected to shower in cold sea water. We also pointed out that the life rafts were almost inaccessible due to fishing gear being stowed all around them.”
NZ$52,776 in back pay was secured for the crew by the ITF and the crew were repatriated back to Indonesia despite initial resistance from the charterers.

Southern Storm media promotion
Southern Storm represented by publicist Glenn Inwood of Omeka Communications in Oyang 75 media promotion in May 2011. Inwood’s previous clients have included Japanese whaling industry and tobacco companies.

The $1000 “Bounty”
An advertisement placed in the Otago Daily Times in 2007 offers an $1000 bounty for information about missing crew member Kismo Pakistan who left his vessel the FV Oyang 70 in Dunedin on 5 June 2007.
The contact listed in the advertisement was Fisheries Consultancy Limited of Lyttelton and the advertisement was authorized by Southern Storm Fishing (2007) Limited of Christchurch.

Breach of RMA
In 2009 Southern Storm was found guilty of breaching the Resource Management Act following an oil spill from the Oyang 70 in Port Nelson. They contested that they were not the responsible party, but the judge found otherwise.

Sinking of Oyang 70
Southern Storm chartered vessel Oyang 70 sinks on 18 August 2010, 400 nautical miles off Otago coast. Six crew drowned.
Surviving crew kept away from media when taken ashore. The crew were then bused to a secret location, with police closing the Lyttelton tunnel so a media contingent could not follow the survivors’ bus through to Christchurch.
A former police officer involved in the case stated that crew were “treated appallingly” (Sunday Star Times, 12 April 2011).
“All the survivors came with the same story, and they all said they were hauling a bag of fish,” says Greg Lyall, captain of the Amaltal Atlantis, who rescued the survivors.
“The vessel lent over to one side – the factory filled up with water and the engine room filled up with water. There were no alarms, no lighting, nothing, and within 10 minutes the boat was gone and most of them had to swim to the life rafts.”

The Maritime Union says the publication of a report on the exploitation of overseas fishing crews in New Zealand waters by the Sunday Star Times today has “lifted the lid” on what is going on in the industry.
Maritime Union General Secretary Joe Fleetwood says the union has been advocating for a complete clean up of the joint venture fishing industry for years to protect workers.
“It is good to see the New Zealand media finally shining the spotlight into some dark places.”
In recent years the joint venture fishing industry had seen a string of sinkings, drownings, industrial accidents, reports of violence and abuse, health and safety violations, ship jumpings, appalling work conditions and failures to honour employment and wage agreements.
Mr Fleetwood says the Maritime Union wants a full audit of the industry, including the standard of vessels and opening the wages books.
The use of employment agents in the countries of origin for foreign crews meant the worst practices of Third World economies had become established in the New Zealand economy.
“This situation is what is known overseas as social dumping, or the exploitation of cross-border labour in a globalized economy.”
Mr Fleetwood says just because fishing vessels were operating off the New Zealand coast, that did not give operators a right to ignore New Zealand standards of employment.
“The New Zealand Government has taken an ineffective approach, simply because there are big profits in it for the companies.”
He says the overseas fishing crews are not members of the Maritime Union but the union would continue to offer help if asked as the overseas crews had no other effective representation.
Mr Fleetwood says the Maritime Union and the International Transport Workers Federation (ITF) has assisted crew members on many occasions, organizing repatriation of crew members and the payment of outstanding wages.
The Maritime Union of New Zealand is affiliated to the ITF, which is organizing internationally to improve conditions for seafarers and fishing crews.
Mr Fleetwood says the long term answer is to employ New Zealand workers on good wages and conditions in the fishing industry, rather than allowing the worst practices to continue.
“New Zealand workers have a right to jobs in their own fishing industry, especially at a time of high unemployment.”

The Maritime Union of New Zealand says that too many workers being killed or injured on overseas vessels in and around New Zealand waters.

Five crew are confirmed dead and 17 missing presumed dead after the No. 1 In Sung sank at around 6.30am Monday 13 December, 2,700km south-east of Bluff.

The Korean-owned and operated fishing vessel visited Bluff annually from December 2006 to take on stores as it headed to the Ross Sea to fish for Antarctic toothfish.

Maritime Union General Secretary Joe Fleetwood says while it is too early to comment on the reasons behind the sinking of the No. 1 In Sung, the Union was concerned that this was the second such incident in the past few months.

The Union offered its condolences to the families of the dead and its support to the survivors.

Mr Fleetwood said that the focus had to be on stopping disasters from happening.

“It shouldn’t be happening. We shouldn’t have to be pulling people out of the water. We have to ask in the 21st century why these incidents are now a regular event in our waters and nearby oceans.”

He said that as New Zealand search and rescue and New Zealand vessels were involved in rescue efforts, it was important that a New Zealand based inquiry was held to find out what had gone wrong.

In August 2010, three crew died after the Oyang 70 sank off the South Island.

Eyewitness reports indicate that an overweight net being pulled into the Oyang 70 caused it to destabilize and sink.

In another incident, two crew died from asphyxiation aboard the bulk carrier TPC Wellington in the Port of Whangarei in May 2010.

Mr Fleetwood says the Maritime Union has encountered ongoing problems experienced by overseas crews on merchant and fishing vessels, including health and safety issues.

A string of deaths, injuries, complaints of abuse and desertions have occurred over recent years.

The Maritime Union says the confirmed death of three Indonesian crew members missing after sinking of a fishing vessel Oyang 70 is a tragedy.

The Korean-owned Oyang 70 sank early this morning approximately 400 nautical miles off the Otago coast.

In addition to the three deaths, three crew members are still missing and 45 crew members were picked up by another fishing vessel the Amaltal Atlantis. Rescue operations are underway to find the missing men.

The Oyang 70 departed from Dunedin on the morning of 14 August.

Maritime Union General Secretary Joe Fleetwood says the sinking is a maritime disaster and initial reports that the vessel had capsized in good weather conditions were extremely disturbing.

The Maritime Union would be working with the International Transport Workers Federation to provide any assistance it could to crew members, and also to find out why the sinking occurred.

At 38 years of age the Oyang 70 was one of the oldest fishing vessels in New Zealand waters.

The sinking comes just a few months after two overseas crew members died from asphyxiation aboard the bulk carrier TPC Wellington in the Port of Whangarei in May 2010.

Mr Fleetwood says the Union has encountered ongoing problems experienced by overseas crew on merchant and fishing vessels, including health and safety problems.

Oyang 70 is owned by Sajo Oyang Corporation, a company incorporated in Korea, and is registered on the Korean Shipping Registry and flies the Korean flag.

Oyang 70 has operated in New Zealand waters since the 1980s. It was convicted of spilling oil in Nelson harbour last year.

It is chartered by Southern Storm (2007) Ltd who have offices in Christchurch.