Ministerial Inquiry into Foreign Charter Vessels
Government Decisions
The Ministerial Inquiry into the use and operation of foreign charter vessels fishing in New Zealand waters has concluded (February 2012).
Download Report of the Ministerial Inquiry into the use and operation of foreign charter vessels (PDF 1.59MB)
Download the Ministerial Inquiry Recommendations (PDF 28KB)
Download FCV Frequently Asked Questions February 2012 (PDF 115KB)
The Government has considered the Inquiry Recommendations and announced its decisions (in two parts, March and May 2012).
First Ministerial release (beehive.govt.nz website)
Second Ministerial release (beehive.govt.nz website)
Q&As Recommendations 7 to 15, May 2012
Cabinet considered a Paper that provided cross-agency advice on options to address Recommendations 7 to 15 of the Ministerial Inquiry report, including reflagging, after it was considered by the Cabinet Business Committee (see Minute), in May.
Cabinet Paper
Cabinet Business Committee Minute, May 2012
Parts of the paper have been withheld under the following sections of the Official Information Act 1982:
- Section 6A – [because it would] prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand;
- Section 6(b)(i) – [because it would] prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of any other country or any agency of such a Government;
- Section 9(2)(h) – maintain legal professional privilege;
- Section 9(2)(b)(ii) – protect information that would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information;
- Section 9(2)(g)(i) – maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty.
Following the Ministerial inquiry, briefings were supplied to the Minister for Primary Industries by the Ministry for Primary Industries.
Further decisions in response to the Ministerial Inquiry into the use of Foreign Charter Vessels, 10 July 2012
Briefing on the management of Foreign Charter Vessels in New Zealand, 4 February 2013
Update on implementation of management measures for Foreign Charter Vessels, 12 February 2013
Parts of the briefings have been withheld under the following sections of the Official Information Act 1982:
- Section 6(a) - prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand
- Section 9(2)(b)(ii) - would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information
- Section 9(2)(g)(i) – to maintain the effective conduct of public affairs through the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation or officers and employees of any department or organisation in the course of their duty.
The Fisheries (Foreign Charter Vessels and Other Matters) Bill was tabled in October 2012 and passed its first reading in February 2013.
Ministerial release (beehive.govt.nz website)
Q and A: Fisheries (Foreign Charter Vessels and Other Matters) Bill (PDF 89 kb)
The Inquiry
The principal objective of the Inquiry is to ensure that the operation of foreign owned and flagged vessels chartered by New Zealand fishing companies supports the following government objectives:
- To protect New Zealand's international reputation and trade access.
- To maximise the economic return to New Zealand from our fisheries resources.
- To ensure acceptable and equitable New Zealand labour standards (including safe working environments) on all fishing vessels operating in New Zealand's fisheries waters within the Exclusive Economic Zone.
If it is demonstrated that these objectives are being undermined by current practices then the Inquiry is tasked with making recommendations relating to policy and legislative amendments and improvements to operational practices.
Download the Terms of Reference (PDF 83KB)
Download Background paper for FCV consultation (PDF 129KB)
Download Code of Practice on Foreign Fishing Crew (PDF 102KB - from Immigration website)
Safe Ship Management System - Maritime NZ website
Consultation Process
The Panel is seeking input from a wide range of sources, including through a public submission and hearings process. Submissions closed on 7 October and public hearings are being held in Auckland, Wellington, Nelson and Christchurch.
The full schedule of public hearings, and copies of submissions, are available below.
Download schedule of public hearings – updated 19 Oct 2011 (PDF 264KB).
Download the Submissions Contents Page (PDF 52KB).
Download the Submissions Volume 1 (PDF 2.79MB).
Download the Submissions Volume 2 (PDF 2.77MB).
Download the Submissions Volume 3 (PDF 5.26MB).
Download the Submissions Volume 4 (PDF 1.82MB).
Download the Submissions Volume 5 (PDF 4.62MB).
Download the Submissions Volume 6 (PDF 3.16MB).
Download the Submissions Volume 7 (PDF 6.21MB).
Download the Submissions Volume 8 (PDF 4.70MB).
Download the Submissions Volume 9 (PDF 1.73MB).
Download the Submissions Volume 10 (PDF 165KB).
Download the Submissions Volume 11 (PDF 5.42MB).
Download the Submissions Volume 12 (PDF 5.70MB).
Download the Submissions Volume 13 (PDF 1.34MB).
Download the Submissions Volume 14 (PDF 1.78MB).
Download the Submissions Volume 15a (PDF 7.24MB).
Download the Submissions Volume 15b (PDF 5.35MB).
Download the Submissions Volume 15c (PDF 7.42MB).
Download the Submissions Volume 16 (PDF 502KB).
Ministerial Inquiry Panel Members
The three-member FCV Ministerial Inquiry Panel is chaired by the Paul Swain and includes Sarah McGrath and Neil Walter.
Paul Swain: Paul Swain was a Cabinet Minister from 1999 to 2005, holding a range of portfolios including Labour and Immigration. He has his own consulting business, is a Director of India Horizonz Ltd and is a Wellington Regional Councillor.
Sarah McGrath: Sarah McGrath is a Director at KPMG and leads the Transaction Services practice in Wellington. Sarah led the KPMG team that analysed the cost of managing New Zealand's deepwater fisheries resource for the public sector.
Neil Walter: Neil Walter is a former diplomat whose assignments included Administrator of Tokelau, Ambassador to Japan and Ambassador to Indonesia. He was Secretary of Foreign Affairs and Trade from 1999 to 2002 and chaired the Environmental Risk Management Authority from 2003 to 2008. He is currently Chair of the Broadcasting Commission.