Ownership issues

Report on Future Operating Intentions

The Ministry is required by the Public Finance Act to provide the Minister with a report, before the start of the next financial year, which sets out the nature and scope of the Ministry's functions and intended operations. This report must also describe the specific impacts, outcomes, and objectives that the Ministry seeks to achieve through its operations, along with information on the measures and standards that the Ministry will use to assess and report on its future performance. Upon receipt of this report the Minister is required to present it to the House of Representatives. The Ministry it then required to publish this report.

Actions

• in November consider a draft of the future operations report and release for consultation with stakeholders
• in April 2006 consider final draft of the report and adopt it for presentation to the House of Representatives.

Fisheries Compliance defensive equipment (OSH)

The Chief Executive of the Ministry, as employer, is subject to the provisions of the Health and Safety in Employment Act 1992. This act imposes an obligation on every employer to take all practicable steps to ensure the safety of employees at work. The Ministry is aware of the risks to Fishery Officers posed by the possibility of assault, by fishers and others, in the course of carrying out their duties. The potential risk of assaults impact on the safety of Fishery Officers, and thus the Chief Executive needs to be able to demonstrate that he has properly managed that risk in accordance with the Health and Safety in Employment Act.

In 2004, the Chief Executive provided a briefing paper to the Minister of Fisheries outlining the results of an extensive in-house review of Fishery Officer safety issues, especially those arising from contact with the public. The paper also canvassed the possibility of use, by fishery officers, of batons or pepper spray. Currently Fishery Officers cannot lawfully carry or use batons or pepper spray, even in self-defence. The risk of assault may be reduced by imposing further operational constraints, group patrols, and if it cannot be reduced to satisfactory levels, officers may have to be withdrawn from high-risk situations. In addition there are a number of legal constraints that prevent a Fishery Officer from carrying out the full range of duties such as the ability to safely stop vehicles without blue and red flashing lights and access to important information because of the Clean Slate legislation.

As a result of the briefing provided to the Minister, and subsequent Cabinet discussion, in August 2004 Cabinet requested advice on the subject of arming fishery officers; noting that it would be desirable to take a whole of Government approach, given the implications for other public servants with a law enforcement role. Cabinet requested that the Ministry of Justice provide the advice to Cabinet Policy Committee in due course, and that it be prepared in consultation with the Minister of State Services, Attorney General, Minister of Police, Minister of Fisheries and others as appropriate. Ministry officials have provided comments on an initial draft, but a final paper has yet to be considered by Cabinet.

Ensuring Fishery Officers work in a safe environment is a priority for Fisheries Compliance.
Regardless of the outcome of the Cabinet paper on defensive equipment, Fisheries Compliance is continuing with a number of initiatives to better manage and mitigate risk to Fishery Officers. These initiatives include the establishment of a Health and Safety working group, trialling stab proof vests, GPS installed in vehicles, a new national communication centre and radio network, improved operational planning, the installation of police radios in fisheries vehicles in high risk areas and improved training and operational procedures. In addition, an independent expert has recently carried out a Health and Safety audit. While generally reporting favourably, the audit made a number of recommendations for improvement. A plan of action is now being developed to implement the recommendations from the audit.

Action:

• discuss with the Ministry further steps that could be taken to address health and safety issues for Fishery Officers.