The issues were raised in the Select Committee and in subsequent correspondence with the Chair of the Select Committee
and with Ministers.
Up until the Fisheries Amendment Bill No 3 is passed New Zealand would not meet the requirements of the legislation.
Right now New Zealand would meet the implied definition of a Flag of Convenience fishing nations. In reality nothing
could be further from the truth.
Where there are established regional management arrangements – as in the case of CCAMLR – NZ Companies have
scrupulously observed all permitting requirements.
However, the New Zealand legislation has no geographic limits. New Zealand has taken a very different approach to this
issue than for example, Australia.
We would have little or no objection if the legislation confined itself – as the Australians do – to fisheries covered
by recognised fisheries management agreements. NZ industry is fully prepared to cooperate.
There are likely to be many cases, as in fisheries round New Zealand or in the vicinity of Latin America where there
are no such agreements where New Zealand Companies are going to find themselves in difficulty. If the controls on other
countries fishing vessels which NZ companies may use in the high seas are on a par with the laws which apply in NZ up
until the passing of the Bill, then NZ companies would be liable to criminal conviction in NZ for using vessels from
those countries.
The issue which NZ is trying to address in a scatter gun fashion, is to outlaw the use of vessels from countries
generally recognised the world round as not having any interest in controlling fishing vessels registered under their
jurisdiction. It would be much more honest for New Zealand simply to identify those countries and put appropriate
measure in place to ensure that no New Zealand operation uses vessels from those countries.
However that would require New Zealand to be making public judgements about other nations’ competencies which would
potentially get it into diplomatic dispute. Instead of fronting up to those countries shortcomings and being honest
enough in public to accuse them of condoning “illegal fishing practices”, New Zealand is going round the back and simply
constructing a legal gauntlet that could end up with New Zealanders being labelled as criminals.
ENDS