Maritime Union of New Zealand

The Maritime Union says that the responsibility for the Rena disaster lies with Government and authorities as much as with individual crew members.

Maritime Union of New Zealand General Secretary Joe Fleetwood says the arrest today of the master of the Rena on serious charges should not deflect attention away from the greater responsibility for the disaster.

He says New Zealand Government and authorities have created a situation where substandard flag of convenience shipping has been encouraged and enabled.

“1990s legislation from the then National Government created the so-called ‘open coast’ policy and this has meant that unacceptable practices have become the norm in New Zealand waters – it’s a case of out of sight and out of mind.”

Mr Fleetwood says a Maritime New Zealand “inspection” of the Rena in Bluff on 28 September 2011 apparently consisted of the inspector asking the Master whether previous problems had been fixed.

“This is the same Master that the authorities are now trying to pin the blame on a couple of weeks later after the disaster.”

“But at the time of the inspection they obviously were prepared to take the Master at his word that everything was hunky dory on his ship, despite the fact it had been hauled up in China and Australia for multiple problems.”

Mr Fleetwood says if this is the standard approach of Maritime New Zealand to dealing with obviously problematic vessels, the only surprise in the grounding of the Rena is that it hadn’t happened earlier.

He says the Union is very concerned about the welfare of crew members and wanted access to them to provide independent support.

“Can you imagine the stress of these seafarers, many with dependent families, who have spent nearly a week onboard a stricken vessel in mortal fear of their lives, and some only being taken off by helicopter after a Mayday call when the ship appeared to be in imminent catastrophe.”

He says it is now becoming a regular theme that systemic policy and regulation failures are resulting in serious harm to workers, the community and the environment.

“It is about time that the elected leaders started copping it when things go wrong rather than putting a smother over it and trying to shift the blame.”

He says the Union was repeating its call for all Maritime New Zealand reports on the Rena to be made public as soon as possible.

“If the authorities have managed to arrest the captain in such a fast manner, they can start to make public their own processes for full transparency and accountability to the New Zealand public.”

Mr Fleetwood says the Union has been arguing for stronger regulation of shipping for years in New Zealand waters, but Government’s have not wanted to hear the message.

He says the Union has had longstanding concerns that Maritime New Zealand regulations and inspections of flag of convenience vessels were superficial, limited and not strict enough.

The Union has compiled a short list of some of the flag of convenience shipping issues that it has been involved in over the last few years (see end of media release).

Mr Fleetwood says comment by Transport Minister Steven Joyce that the Maritime Union’s views were “political” were accurate.

“Mr Joyce is right. The issue is political. It is political because the John Key led National Government have been happy to have flag of convenience ships running on the New Zealand coast as a result of their political decisions.”

“In this case their political decision to promote and allow flag of convenience shipping on the New Zealand coast has had real life consequences, which have proved far beyond the political ability and the practical ability of the Government to deal with.”

“If we allowed trucks on New Zealand roads that were licensed in Liberia or some other semi-functioning failed state, and driven by unregulated overseas drivers, there would be an outcry. Yet that is what we allow on the New Zealand coast and now we are paying the price.”

Mr Fleetwood says in addition to its campaigning against Flag of Convenience shipping it had lobbied the Government last year with a plan to provide a fast response vessel for offshore oil spills.

The Union approached the Minister of Energy and Resources, Hon Gerry Brownlee, as well as the Minister of Transport Hon Steven Joyce and Minister of Environment Hon Nick Smith, in July 2010 to support the introduction of a ready response vessel for the maritime sector to cope with oil spills and similar events.

This ready response vessel would have been aimed at the offshore oil and gas industry but could easily have been used to quickly respond to oil leaks in the current Rena disaster.

The Union was told to send their information into a Ministry of Economic Development review, which it did.

Further background information: Some previous incidents on Flag of Convenience vessels in NZ waters including cargo and fishing vessels and crews

May–July 2011
In May 2011, Southern Storm Fishing held a “media event” in Dunedin where journalists were invited on board to inspect their new vessel, the Oyang 75, that replaces the Oyang 70 that sank last year.
But less than two months later, in July 2011, the crew abandoned the Oyang 75 en masse in Lyttelton, claiming physical and verbal abuse and underpayment.

July 2011
Overseas crew members left the ShinJi in Auckland due to underpayment and mistreatment. DOL investigating.
In 2009 the ITF and Maritime Union previously investigated the Shin Ji after 12 Indonesian crew members left the vessel.

December 2010
Five Korean crew are confirmed dead and 17 missing presumed drowned after the No. 1 In Sung sank in the Southern Ocean in unexplained circumstances.

August 2010
Oyang 70 fishing vessel sinks in Southern Ocean. Six deaths. Survivors brought to Lyttelton. Claims of underpayment by surviving crew investigated (Korean, Filipino, Indonesian, Chinese).

May 2010
Two sailors, one Korean and one Burmese, died after suffocating in the TPC Wellington’s timber hold at Marsden Point wharf near Whangarei in May 2010.

2010
10 Sri Lankan crew members aboard the MV Charelle docked at the Ports of Auckland were not paid for 3 ½ months.
The vessel and its previous crew were held by Somali pirates for six months last year, only being released after a ransom was paid on 3 December 2009.
Crew members were being paid well below ITF rates and even less than International Labour Organization (ILO) minimums.

2009
The Liberian-flagged Annapurna was seized by creditors after it berthed in Auckland in 2009, following the bankruptcy of its owners Eastwind.
The Maritime Union looked after 23 Burmese crew members, some of the crew members had not been paid for up to a year.

June 2009
12 Indonesian fishermen from joint venture fishing vessel Shin Ji leave vessel in Tauranga, citing non payment of wages, harassment and substandard conditions.
NZ$52,776 back pay obtained for crew and repatriation to country of origin.

2008
The Maritime Union took action to recover the unpaid wages of a Russian crew aboard the Southern Pearl after it was arrested in the Ports of Auckland.

June 2006
Burmese crew aboard Sky 75 in Timaru approach union for help.
Wages were unpaid, physical and verbal abuse. 10 Indonesian crew previously jumped ship in Nelson in 2005 with similar claims.

May 2006
Joint venture fishing vessel Malakhov Kurgan involved in crew dispute in Lyttelton.
Crew wished to be paid New Zealand minimum wage when working in New Zealand waters. Threats from Ukraine based employers received by crew.

March 2006
9 Indonesian fishermen from Korean fishing vessel Marinui jump ship in Dunedin, claiming severe physical and mental abuse.
Crew were being paid US$6 per day. Repatriation and backpay organized.

January 2004
33-year old Vietnamese fishermen Vo Minh Que drowned near Stewart Island after falling from the trawler Tasnui.
Maritime New Zealand reported that poor condition of vessel and lack of safety gear or procedures contributed to his death.

January 2004
Several watersiders were lucky to escape when several tonnes of collapsing equipment from a ship’s crane crashed onto the wharf at Southport in Bluff on Wednesday 14 January 2004.
At around 1.30pm, a gantry crane on board the Marshall Island-flagged ‘Tasman Independence’ had a large turntable crash onto the wharf with cargo after metal ropes snapped.
Three waterfront workers and a forklift driver were ‘a couple of metres away’ from where the wreckage fell.

November 2003
A crane on board the Hong Kong-flagged Maritime Friendship snapped while loading logs onboard at Port Chalmers at around 9.18pm on Friday 28 November 2003.
The boom of the crane swung around onto the operators’ cab, breaking windows and bending the cab’s window frame.
A local watersider operating the crane had to dive for cover in the back of the cab.

International incidents of note with Flag of Convenience vessels in recent years include the grounding of the Panamanian flagged bulk carrier “Pasha Bulker” in Newcastle, Australia, 8 June 2007.

The Maritime Union is calling for the abandonment of the Trans Pacific Partnership Agreement, describing the free trade plan as a “sell out to global corporations.”

Maritime Union General Secretary Joe Fleetwood says the great majority of New Zealanders and even our political representatives have little understanding of the implications of free trade deals like the TPPA.

“Free trade agreements such as the TPPA are giving global corporations more power to do as they want regardless of what is good for the majority of people.”

“Decisions that affect all of us are being made behind closed doors in free trade stitch ups.”

The Maritime Union is actively supporting a number of campaigns including TPPWatch and New Zealand Not For Sale that are calling for a halt to the TPPA and public accountability.

Mr Fleetwood says the free trade agreements harm the democratic rights of workers who make up the majority.

“These agreements are eroding democracy, in favour of control of our economy and society by powerful global corporations.”

He says that maritime workers work in the first globalized industry, the maritime industry, and understand what unregulated “free trade” means.

One example he says is the so-called “open coast” policy, that allows overseas owned and crewed vessels to carry New Zealand cargo between New Zealand ports, and which had devastated New Zealand shipping.

“As a result New Zealand is now a remote island trading nation that has allowed its shipping capability to be placed in jeopardy.”

The fishing industry had also had countless problems over the years with the abuse of overseas crew on overseas vessels fishing New Zealand waters.

Mr Fleetwood says the use of Flag of Convenience vessels and the creation of Ports of Convenience were a warning of where free trade deals could lead a small nation like New Zealand.

“One of the issues the Maritime Union has raised include the use of short-term cross border labour being used, which is becoming increasingly common around the world.”

“This is used to drive down wages and conditions and create a casualized, insecure workforce, hurting both the local workers and the imported workers.”

Other concerns of the Maritime Union include the privatization of assets such as ports and transport.

“New Zealand should be purchasing goods from local and public enterprises, and ensuring we maintain a balanced economy, with secure, high paid jobs.”

Mr Fleetwood says that New Zealand’s economy will always be based on trade, so the Union supported a system of global fair trade that worked to ensure secure jobs and balanced economic development.

He says there is a growing global movement against the deregulated free market and free trade policies that had caused economic disasters such as the global financial meltdown of the last several years.

The Maritime Union of New Zealand and International Transport Workers’ Federation (ITF) are investigating a shipjumping incident in Dunedin where nine Indonesian seafarers left the fishing trawler Marinui on Friday 10 March.

ITF New Zealand co-ordinator Kathy Whelan says the Union has been in touch with the Ministry of Immigration about the case, and ITF representatives will try to speak to the fishermen at Auckland Airport before they are sent home tomorrow.

She says she is extremely concerned about the increasing numbers of foreign seafarers leaving their vessels in New Zealand ports, in this case claiming they were subjected to 24 hour shifts with no breaks, two hour sleep breaks, and physical abuse.

Mr Hanson says the Maritime Union and the International Transport Workers Federation, as well as the Council of Trade Unions, were recently given assurances by the Minister of Immigration that problems in the fishing industry would be fixed.

“We want to get the real facts on the matter, as we are always seeing these shipjumping workers spirited out of the country before the matter is properly investigated.”

He says the Maritime Union position is that the employment of overseas fishermen in New Zealand waters needs to be closely monitored and regulated by New Zealand Immigration officials in their country of origin.

“This is the only way to make sure these exploited workers are employed on proper terms and conditions at New Zealand market rates with proper employment agreements, and that they are not subject to corrupt practices like having to pay ‘fees’ for their job.”

For further information contact:

Maritime Union General Secretary Trevor Hanson on 04 801 7614 or 021 390585

ITF New Zealand Co-ordinator Kathy Whelan on 04 801 7613 or 021 666405

The Maritime Union says that action must be taken to protect both local jobs and overseas workers in New Zealand industries after recent comments from Opposition immigration spokesperson Lockwood Smith about overseas workers caused an uproar.

Maritime Union General Secretary Trevor Hanson says a progressive downward pressure on wages, conditions and local jobs is spreading throughout large areas of the New Zealand economy, including the horticulture and viticulture sector.

“We are very aware of this problem in the fishing industry and with flag of convenience shipping, and also with attempts to displace waterfront labour.”

He says the use of cross-border, short-term labour sourced from ultra-low wage economies is a major threat to workers in New Zealand and around the world.

“This system is being used by employers and Governments around the world as part of free trade to generate profits regardless of the effect on workers and society.”

Mr Hanson says the recent comments by National Party immigration spokesperson Lockwood Smith about overseas workers in the horticulture and viticulture industry showed a disturbing attitude.

“There is no doubt that there is a divide and rule approach by employers which will be promoted by the National Party, who obviously see these overseas workers as production units who are not entitled to either dignity or good treatment.”

Mr Hanson says employment agreements for overseas workers need to be prepared and signed before they come to New Zealand.

“Any employer who requires imported labour should be required to allow inspection of accommodation and conditions, agree to a 30-hour minimum payment and offer pay above minimum rates to skilled workers, prior to approval to bring workers in.”

Unions should be directly involved from the start of any application to ensure that these workers are provided with rights and protections.

Mr Hanson says the same system should apply to the fishing industry.

“Over the last generation, a huge numbers of foreign workers having been employed in New Zealand waters with the promises of training being dismissed by some New Zealand fishing companies.”

“There needs to be regulations that provide young New Zealand workers with training and a pathway to a career in fishing.”

Mr Hanson says there is a definite need to examine the financial returns producers are receiving and measure this against workers terms and conditions of work in the industry.

He says the massive rise in food prices in the last year, especially with fresh produce, was not reflected in the wages and conditions of workers in the industry.

“It is a travesty that in a food producing country like New Zealand, workers cannot afford to buy fresh food.”

“We are of no doubt that the payment of a living wage would bring New Zealand workers into the industry, and still leave room for Pacific Island workers. The Government needs to take a firmer line on conditions and wages paid to these workers.”

The Maritime Union of New Zealand has attacked plans by employers to bring in migrant labour into the seafood industry after mass layoffs in the same sector.

A week after Sealord confirmed it would axe 323 jobs from its Nelson mussel factory, two South Island seafood companies Talleys and Aotearoa Seafood have applied to import 100 migrant labourers.

Maritime Union General Secretary Trevor Hanson says that the use of temporary labour being imported from overseas threatens local employment.

“It is utterly disgraceful that at a time when we have rising unemployment and surging living costs, employers are being allowed to knock the bottom out of the labour market.”

Mr Hanson says the key problem with finding workers was based around the poor wages paid in the local industry.

He says he is disturbed that Immigration authorities seem to have no understanding as to the social effects of the import of temporary labour.

“It is no exaggeration to say New Zealand is struggling with social problems caused by the lack of secure permanent jobs and some kind of career structure and future for young people.”

Mr Hanson says the use of short term workers imported from overseas disrupted local employment conditions, and opened up the overseas workers to exploitation.

“This is not the way to get a stable employment situation or a stable society.”

Mr Hanson says the Maritime Union has predicted that under free trade agreements the use of temporary labour being imported across borders would increase to drive down wages and conditions in a “race to the bottom.”

“Not only are jobs being exported to poor countries to take advantage of powerless workers, now the reverse is happening with the cross border use of temporary workers being imported to drive down wages here.”

Mr Hanson says temporary cross-border labour was very different to immigration, and emphasized the Maritime Union was an internationalist Union that supported workers of all nations.

“In this case it is clear the problem lies with immigration authorities and employers.”

Maritime Union of New Zealand General Secretary Trevor Hanson says the Union will resist any attempt to undermine wages and conditions through short term casual workers imported under free trade deals.

He says that comments by Trade Minister Phil Goff on the China free trade deal are disturbing for workers and not in line with the Labour Government’s commitment to a high skill, high wage economy.

There will be no incentive for training or paying for skills if businesses are able to step outside the national labour market and pull in trained staff on the minimum wage, says Mr Hanson.

“The Minister is saying that the minimum wage and minimum conditions will be applied to any overseas labour, but if this is being used as the benchmark for skilled labour, then we are in serious trouble.”

Mr Hanson says the glaring example of the fishing industry was showing what would happen under free trade in workers.

He says that minimum wage conditions and overseas labour have become the standard in the fishing industry, and a mass campaign by employers is fighting any improvement.

“The industry is riddled with exploitation and abuse of which documented cases are common and have been the subject of Department of Labour investigation and reports, and many workers are not receiving even the basic protections of the law.”

“Look no further – this mess is exactly what will be coming ashore under free trade deals.”

Mr Hanson says that the use of overseas shipping with overseas crews had devastated New Zealand shipping, and was a threat to New Zealand ports.

“The use of short-term, casualized and temporary labour in ports has caused massive problems in Europe, and would do the same in New Zealand.”

Mr Hanson says the transport unions affiliated to the International Transport Workers Federation worldwide are running a global campaign against attacks on wages and conditions through movement of short-term labour under free trade deals.

“These problems emerge in all sorts of areas, such as the use of crews to load and unload vessels, and the replacement of permanent jobs through employers moving casual labour over borders.”

The China free trade deal is a first and is being described as a “template” for future deals which means that New Zealand is being run as a experiment, says Mr Hanson.

Mr Hanson says political questions on the future of workers in New Zealand are being decided by unelected trade officials behind closed doors.

“The whole thing stinks of the Rogernomics era where change was rammed through as New Zealand was used as a test case for free market policies which benefited the wealthy but caused terrible damage and harm to workers.”

He says that Australia is following a much more cautious line on free trade deals after “intelligent resistance” from workers and farmers to the negative implications.

“Chinese business wanted to control the entire transport and distribution line in Australia from mines to rail to ports to shipping, with Chinese workers employed under Chinese conditions. Do they want that here as well?”

Mr Hanson says throwing figures around like $400 million in increased trade are merely guesswork, and no attention is being paid to who that money will be flowing through to.

“If it means that the business elite are getting their hands on it while workers are pushed down to the poverty line, they will have a major fight on their hands.”