Treaties and International Law

International Treaties List as at July 2009

Maritime(including Fisheries and Shipping)

1. South Indian Ocean Fisheries Agreement (SIOFA)

In 1999 an unregulated orange roughy fishery emerged in the high seas of the south West Indian Ocean. In response to this development, discussion began with key players, including New Zealand, on the establishment of a regional fisheries management arrangement. Parallel to these discussions, negotiations were taking place between east African coastal States on a draft Agreement to establish a South West Indian Ocean Fisheries Commission (SWIOFC). In 2001, it became clear that the two processes should be linked and the first consultation to establish a SWIOFC, including for high seas demersal fishery resources, took place. At the third consultation in January 2004, it was agreed that the interests of developing coastal States for cooperation and development in relation to fisheries within Exclusive Economic Zone jurisdictions would be progressed separately from interests in the high seas fisheries. A separate high seas agreement would therefore be negotiated.

The SIOFA aims to establish a legally-binding framework to manage the demersal species in the high seas areas of the South Indian Ocean. The objectives of the Agreement are to ensure the long term conservation and sustainable use of the fishery resources in this area and to promote sustainable development of fisheries taking into account the needs of developing states bordering the region and party to the Agreement. The Agreement provides mechanisms for the Meeting of Parties to adopt legally binding conservation and management measures to achieve these objectives which contracting parties will be required to implement and enforce.

Lead agency:

Ministry of Fisheries and Ministry of Foreign Affairs and Trade

Status: 

Multilateral. Negotiations concluded. Text adopted at a Diplomatic Conference held in July 2006.  New Zealand signed the Agreement in July 2006.

Legislation required:

Under review

Contact:

James Brown
Senior International Adviser
Ministry of Fisheries

james.brown@fish.govt.nz
Ph (04) 819 4697

2. Convention Establishing the South Pacific Fisheries Management Organisation
Common Name: South Pacific Regional Fisheries Management Organisation (SPRFMO)

In 2006, New Zealand, Australia and Chile initiated a process to establish a new international agreement for the conservation and management of non-tuna species in high seas parts of the South Pacific. The SPRFMO should cover non-tuna species not covered by other RFMOs. The SPRFMO should ensure long-term sustainability of fish stocks and address the impacts of fishing on biodiversity. It is envisaged that the RFMO should also reflect “best practice” in international fisheries management and be based on the principles outlined in the United Nations Fish Stocks Agreement 1995 (even though species coverage is likely to be broader than straddling and highly migratory fish stocks). At the third meeting in Chile, May 2007, the participants to the negotiations agreed to non-legally binding interim conservation and management measures which cover management of pelagic fisheries and deep water fisheries and data collection in respect of the high seas area under discussion. Voluntary standards have also been agreed for vessel monitoring systems, data collection and observer coverage levels in fisheries in the area.

Lead agency:

Ministry of Fisheries, Ministry of Foreign Affairs and Trade and Department of Conservation

Status:

Multilateral. Seven meetings of interested parties have taken place. An eighth meeting will be held in New Zealand, 8-14 November 2009.

Website:

South Pacific Regional Fisheries Management Organisation more [external link]

Particular interest to Maori and other groups:

It is difficult to identify with any precision the potential impact such a treaty may have on Maori. It is currently anticipated that any impact would be minimal. In any case, all efforts will be made to ensure full consultation with interested Maori groups in the lead-up to formal negotiations and throughout their duration.

Other interest groups include:

(i) Environmental NGOs (including Greenpeace, ECO, Forest and Bird and WWF); and

(ii) Fishing Industry interests (Seafood Industry Council and New Zealand fishing companies).

Legislation required:

Not yet clear

Contact:

James Brown
Senior International Adviser
Ministry of Fisheries

james.brown@fish.govt.nz

Ph (04) 819 4697

3. 2005 Protocols to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and its Protocol of 1988 Relating to Fixed Platforms Located on the Continental Shelf
Common Name: 2005 SUA Protocols

The 2005 SUA Protocols broaden the list of acts made unlawful under the original 1988 SUA Convention and Protocol to include new maritime terrorism offences such as using a ship in a manner that causes death or serious injury. They also create new offences relating to the illicit trafficking of weapons of mass destruction and related materials.  The Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation also introduces provisions for the boarding of ships where there are reasonable grounds to suspect the commission of an offence under the amended Convention.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. The Protocols were adopted on 14 October 2005 and opened for signature on 14 February 2006. New Zealand signed the Protocols in January 2007 and is in the process of considering ratification of the Protocols.

Website:
Australasian Legal Information Institute more [external link]

Legislation required:
Amendments to existing legislation will be required.

Contact:

Alex Rogers
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

alex.rogers@mfat.govt.nz
Ph (04) 439 8547                 Fax (04) 439 8103

4. International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996
Common Name: HNS Convention 1996

The HNS Convention creates a liability and compensation regime to ensure that compensation is available for damage caused by incidents involving hazardous and noxious substances (HNS) carried by sea.  The Convention establishes a two-tier liability regime. Tier 1 provides strict liability compensation from ship owners combined with requirements for compulsory insurance to cover that liability. Tier 2 provides additional compensation from an international fund financed by levies on HNS cargoes. 

Lead agency:

Ministry of Transport

Status:

Multilateral. The Convention was adopted by the International Maritime Organisation in 1996.

Due to compliance difficulties, there are international moves to review or replace the Convention.

New Zealand is monitoring developments and will await further clarification before considering whether to become party to the Convention.

Website:

Australasian Legal Information Institute - Select Documents of the Department of Foreign Affairs and Trade, Canberra, on International Affairs more [external link]

Particular interest Maori and other groups:

The Convention will have little or no implications for Maori interests. It is anticipated that consultation will take the form of a written discussion paper calling for written submissions.

Interest groups with which consultation is appropriate include:

(i) shipping industry organisations such as the New Zealand Shipping Federation and the New Zealand Marine Transport Association;

(ii) chemical industry organisations such as Petroleum Exploration and Production Association of New Zealand (PEPANZ), New Zealand Chemical Industry Council and the New Zealand Association for Animal Health and Crop Protection;

(iii) receivers of HNS goods; and

(iv) maritime insurance industry organisations such as the Insurance Council of New Zealand.

Legislation required:

Amendments to the Maritime Transport Act likely to be required.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373                  Fax (04) 439 9004

 

5. Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances 2000
Common Name: OPRC-HNS Protocol 2000

The International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC Convention) requires that States have a comprehensive national system for preparedness and response to marine oil spills. New Zealand is a party to the OPRC Convention.

The OPRC-HNS Protocol 2000 would establish a comparable system for spills of hazardous and noxious substances. This would ensure that New Zealand is adequately prepared for, and capable of responding to, major HNS spills in New Zealand waters. This would decrease the risk of damage to the marine environment from harmful and noxious substances carried by sea.

Lead agency:

Ministry of Transport

Status:

Multilateral. The Protocol was adopted in 2000. New Zealand is actively considering becoming party to the Protocol.

Website:

Australian Treaty Series (not yet in force) Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances 2000 more [external link]

Particular interest Maori and other groups:

The Protocol will have little or no implications for Maori interests.

A discussion document for public consultation calling for written submissions was released in November 2007.  A summary of submissions is available on the Ministry of Transport website.

Interest groups with which consultation is appropriate include shipping industry organisations, regional councils, the
New Zealand Fire Service and the New Zealand Marine Transport Association.

Legislation required:

Changes to the Maritime Transport Act would be required.  There may be some consequent amendments to other legislation, such as the Fire Service Act, as well as rules and regulations.

Contact:
Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373                  Fax (04) 439 9004

 

6. International Convention on Civil Liability for Bunker Oil Pollution Damage 2001
Common Name: Bunkers Convention 2001 or Bunker Oil Convention 2001

Oil spills from ships’ bunkers accounts for most oil spills in New Zealand and a significant proportion of oil spills internationally.

The International Convention on Civil Liability for Oil Pollution Damage 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 ensure that compensation is available for damage caused by pollution from oil cargoes carried in bulk at sea.

The Bunkers Convention establishes a liability regime for damage from bunker oil spills. The regime consists of strict but limited liability for ship owners and requirements for compulsory insurance to cover that liability.

Lead agency:

Ministry of Transport

Status:

Multilateral. The Convention was adopted in 1973. New Zealand is actively considering becoming party to the Convention.  Parliament considered the Convention in August 2008

Website:

Australasian Legal Information Institute more [external link]

Particular interest to Maori and other groups:

The Convention will have little or no implications for Maori interests. 

A discussion document for public consultation calling for written submissions was released in November 2007.  A summary of submissions is available on the Ministry of Transport website.

Interest groups with which consultation is appropriate include:

(i) shipping industry organisations and the New Zealand Marine Transport Association; and

(ii) maritime insurance industry organisations such as the Insurance Council of New Zealand.

Legislation required:

Changes to the Maritime Transport Act, and possibly some rules and/or regulations, would be required. 

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373                  Fax (04) 439 9004

 

7. Protocol Relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil
Common Name: Intervention Protocol 1973

The Intervention Convention 1969 affirmed the right of coastal States to take measures on the high seas to protect their coastlines from pollution by oil following a maritime casualty. New Zealand is a party to the Intervention Convention 1969. The Intervention Protocol 1973 would extend the coverage of the Convention to pollution by substances other than oil.

The Protocol would also require the coastal State to consult with other States and persons whose interests would be affected by the measures (such as the respective flag States, the owners of the affected ships or cargo) before it undertakes intervention measures on the high seas. A coastal State would be required to pay compensation for damage caused by intervention measures that exceeded those allowed by the Protocol.

Lead agency:

Ministry of Transport

Status:

Multilateral. New Zealand has signed the Protocol and is actively considering ratification.  Parliament considered the protocol in August 2008.

Website:

Protocol of 1973 to the International Convention Relation to Intervention on the High Seas in the Cases of Oil Pollution Casualties 1969 more [external link]

Particular interest to Maori and other groups:

A discussion document for public consultation calling for written submissions was released in November 2007.  A summary of submissions is available on the Ministry of Transport website

Interest groups with which consultation is appropriate include shipping industry organisations such as the New Zealand Shipping Federation and the New Zealand Marine Transport Association.

Legislation required:

Changes to the Maritime Transport Act, and possibly some rules and/or regulations, would be required. 

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373                Fax (04) 439 9004

 

8. Protocol of 1996 to Amend the 1976 International Convention on the Limitation of Liability for Maritime Claims
Common Name: LLMC Protocol 1996

The 1976 International Convention on the Limitation of Liability for Maritime Claims (LLMC) was adopted by the International Maritime Organisation in 1976 and came into force internationally in December 1986. The Convention was later amended by the LLMC Protocol, which came into force in May 2004.

The LLMC sets out the ship owners’ right to limit their liability in respect of various types of maritime claims, including loss of life or personal injury, loss or damage to property and loss resulting from delay in the carriage by sea of cargo, passengers or luggage. The LLMC also identifies conduct that will bar a limitation claim, the formula for calculating the limits of liability and the unit of account to be used.

New Zealand implemented the LLMC through Part VII of the Maritime Transport Act 1994.

The purpose of the LLMC Protocol is to significantly increase the liability limits for compensation established in the LLMC Convention due to erosion of their value by inflation.

Lead agency:

Ministry of Transport

Status:

Multilateral. The Protocol came into force in 2004. New Zealand is actively considering becoming party to the Protocol.  Parliament considered the Protocol in August 2008.

Website:

Australasian Legal Information Institute more [external link]

Particular interest to Maori and other groups:

The Protocol will have little or no implications for Maori interests. A discussion document for public consultation calling for written submissions was released in November 2007. A summary of submissions is available on the Ministry of Transport website.

Interest groups with which consultation is appropriate include:

(i) shipping industry organisations and the New Zealand Marine Transport Association; and

(ii) maritime insurance industry organisations such as the Insurance Council of New Zealand.

Legislation required:

Amendments to the Maritime Transport Act.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

9. International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel
Common name:  STCW-F

The Convention establishes mandatory international safety standards for crews of fishing vessels.

Lead agency:

Ministry of Transport

Status:

Multilateral. Adopted in July 1995.  Not yet in force.  New Zealand officials are in the early stages of considering potential accession.

Website:
International Fisheries Law and Policy Portal more [external link]

Particular interest to Maori and other groups:

As part of its assessment, the Ministry of Transport will consult with relevant government departments, the fishing industry and the New Zealand Council of Trade Unions.  Wider public consultation is anticipated.

Legislation required:

Likely.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

10. Torremolinos International Convention for the Safety of Fishing Vessels, Protocol of 1993
Common name: Torremolinos Convention

The 1993 Protocol supercedes the International Convention for the Safety of Fishing Vessels (1977), taking into account technological evolution in the intervening years and the need to take a pragmatic approach to encourage ratification of the Instrument.

The differences in design and operation between fishing vessels and other types of ships have hindered their inclusion in the Convention on the Safety of Life at Sea (SOLAS) and the Convention on Load Lines. The 1977 Convention contained safety requirements for the construction and equipment of new, decked, seagoing vessels of 24 metres in length and over, including those vessels also processing their catch. Existing vessels were covered only in respect of radio requirements.

The safety provisions addressed by the Protocol, incorporating and amending the 1977 Convention, are included in an Annex consisting of ten chapters. The provisions include automatically controlled machinery spaces, improved life-saving appliances, immersion suits and thermal protective aids, satellite communication systems and other components of the global maritime distress and safety system.

Lead agency:

Ministry of Transport

Status:

Multilateral. Not yet in force. Adopted in April 1993 by the International Maritime Organisation. New Zealand officials are in the early stages of considering potential accession.

Website:
International Fisheries Law and Policy Portal more [external link]

Particular interest to Maori and other groups:

As part of its assessment, the Ministry of Transport will consult with relevant government departments, the fishing industry and the New Zealand Council of Trade Unions.  Wider public consultation is anticipated.

Legislation required:

Likely.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

11. Annex VI (Prevention of Air Pollution from Ships) International Convention for the Prevention of Pollution from Ships 1973, as amended
Common name: MARPOL VI

MARPOL Annex VI sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone depleting substances. The annex includes a global cap of 4.5% m/m on the sulphur content of fuel. This will affect the type of fuel used for ships.

The Annex also prohibits the incineration onboard ship of certain products, such as contaminated packaging materials and polychlorinated biphenyls (PCBs).

Lead agency:

Ministry of Transport

Status:

Multilateral. Adopted by the International Maritime Organisation in 1997, and entered in force internationally 19 May 2005. New Zealand officials are in the early stages of considering potential accession.

Website:
Australian Martime Safety Authority more [external link]

Particular interest to Maori and other groups:

As part of its assessment, the Ministry of Transport will consult with relevant government departments, the shipping industry, boating interests and the New Zealand Council of Trade Unions.  Wider public consultation is anticipated.

Legislation required:

Yes.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

12. Annex IV (Prevention of Pollution by Sewage from Ships) International Convention for the Prevention of Pollution from Ships 1973, as amended.
Common name: MARPOL IV

Annex IV regulates the discharge of sewage into the sea; ships’ equipment and systems for the control of sewage discharge; the provision of facilities at ports and terminals for the reception of sewage; and requirements for survey and certification. It also includes a model International Sewage Pollution Prevention Certificate to be issued by national shipping administrations to ships under their jurisdiction.

The Annex entered into force on 27 September 2003. A revised Annex was adopted on 1 April 2004, with an entry into force date of 1 August 2005.

The revised Annex will apply to new ships engaged in international voyages, of 400 gross tonnage and above or which are certified to carry more than 15 persons. Existing ships will be required to comply with the provisions of the revised Annex IV five years after the date of entry into force of Annex IV, namely 27 September 2008. The annex requires ships to be equipped with either a sewage treatment plant, a sewage comminuting and disinfecting system, or a sewage holding tank.

The discharge of sewage into the sea will be prohibited, except when the ship has in operation an approved sewage treatment plant at a distance of more than 12 nautical miles from the nearest land.

Lead agency:

Ministry of Transport

Status:

Multilateral. Entered into force September 2003, revised Annex adopted in April 2004, and entered into force August 2005.  As at December 2008, New Zealand officials are in the early stages of considering potential accession.

Website:
Australian Martime Safety Authority more [external link]

Particular interest to Maori and other groups:
Maori are likely to be interested in the impact of MARPOL IV on discharge of human waste in the Coastal Marine Area.

As part of its assessment, the Ministry of Transport will consult with relevant government departments, regional councils, the shipping industry, boating interests and the New Zealand Council of Trade Unioncs.  Wider public consultation is anticipated.

Legislation required:

Not yet clear.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

13. Convention Concerning Work in the Fishing Sector 2007
Common name: Work in Fishing Convention

In 2007 the International Labour Organization (ILO) adopted the Work in Fishing Convention. The Objective of the Convention is to ensure that fishers have decent conditions of work on board fishing vessels with regard to minimum requirements for work on board; conditions of service; accommodation and food; occupational safety and health protection; medical care and social security. The provisions cover similar aspects to the Maritime Labour Convention, but have less technical detail.

Lead agency:

Ministry of Transport

Status:

Multilateral. Adopted in May 2007 by the International Labour Organisation, but not yet in force. New Zealand officials are in the early stages of considering potential accession.

Website:
International Labour Organisation more [external link]

Particular interest to Maori and other groups:

As part of its assessment, the Ministry of Transport will consult with relevant government departments, the New Zealand Council of Trade Unions, and Business New Zealand.

Legislation Required:

Likely.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz
Ph (04) 439 9373               Fax (04) 439 9004

 

14. International Convention for the Control and Management of Ships’ Ballast Water and Sediments
Common name: International Ballast Water Convention

The primary objective of the Convention is “to prevent, minimize and ultimately eliminate the risks to the environment, human health, property and resources arising from the transfer of harmful aquatic organisms and pathogens through the control and management of ships’ ballast water and sediments".

The introduction of foreign marine organisms can have potentially devastating impacts on a range of economic, social, cultural, and environmental values that we associate with our marine environment. Ballast water discharges are one of the main pathways by which foreign marine organisms could be introduced to New Zealand waters.

The Convention will provide a binding set of international regulations to control discharges of ballast water by shipping. Existing controls in New Zealand provide some protection against introductions of marine organisms in ballast water discharges, but they have limitations. These limitations would be addressed by the Convention.

Lead agency:

Ministry of Agriculture and Forestry

Status:

Multilateral. The Convention was adopted by a Diplomatic Conference in February 2004. It has yet to enter into force.

The Government has determined that New Zealand will accede to the Convention, subject to the passage of implementing legislation.

Website:
Australasian Legal Information Institute more [external link]

Particular interest to Maori and other groups:

Public consultation on the options for New Zealand in response to the Convention was undertaken in late 2007. Feedback was received from the shipping industry and a range of marine stakeholder groups that benefit from biosecurity protection. The views of stakeholders informed the Government’s decision on accession to the Convention.

Legislation required:

The Government has agreed to amend the Maritime Transport Act to give effect to the Convention. New Rules and Regulations made under that Act would also be required before New Zealand is able to accede the Convention.

Contact:

Allan Bauckham
Marine Biosecurity Programme Coordinator
Ministry of Agriculture and Forestry

allan.bauckham@maf.govt.nz

Ph (04) 894 0415                  Fax (04) 894 0733

 

15. Maritime Labour Convention 2006
International Labour Organization

In 2006 the International Labour Organization (ILO) adopted a new Maritime Labour Convention. The Convention sets out comprehensive rights and labour protections for seafarers. It revises and consolidates over 60 existing ILO maritime labour instruments, in some cases dating back to the 1920s. They include 14 conventions to which New Zealand is party, which are implemented primarily in the Maritime Transport Act 1994 and in maritime rules. Obligations are also given effect through general legislation concerning labour, occupational health and safety, accident compensation, and social welfare.  New Zealand voted in support of the adoption of the Convention by the ILO, but is not yet party to it.

Lead agency:

Ministry of Transport

Status:

Multilateral. The Ministry of Transport is currently assessing the compatibility of New Zealand’s law, policy and practice with the provisions of the Convention.

Website:
International Labour Organisation more [external link]

Particular interest to Maori and other groups:

As part of its assessment, the Ministry of Transport will consult with relevant government departments, the New Zealand Council of Trade Unions, and Business New Zealand.

Contact:

Margaret Mabbett
Manager, Maritime
Ministry of Transport

m.mabbett@transport.govt.nz

Ph  (04) 439 9373                 Fax (04) 439 9004

 

16. Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
United Nations Food and Agriculture Organization

The objective of the draft Agreement is to ensure the long-term conservation and sustainable use of living marine resources through strengthened and harmonized port State measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

To this effect, the draft Agreement establishes a set of minimum standards on the management of access of fishing vessels and related support vessels to port. It specifies requirements for vessels and related ports; under what circumstances States shall deny access to port services for IUU vessels; how information should be exchanged within and between States; how inspections of all fishing vessels (IUU and otherwise) should be prioritised and undertaken; follow up actions; and how disputes should be handled.

Flag States are also required to ensure their vessels use ports of States that act in accordance with the Agreement. This should help address ‘ports of convenience’ whereby vessels land fish at ports with weak inspection systems. An Article on the special requirements of developing states requires Parties to cooperate to establish special funds and provide assistance in implementation.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. The first session of negotiation on the text took place in June 2008. Two resumed negotiation sessions have taken place since. Negotiations will continue with a third resumed session later in 2009.

Legislation required:
Not yet clear.

Particular interest to Maori and other groups:

There is not expected to be any direct impact on Maori interest.

The broad definition of ‘fishing related activities’ used to capture support vessels that provide supplies to IUU fleets may impact a few New Zealand vessels not captured by existing fisheries legislation.  Support vessels, like fishing vessels, may be subjected to additional inspections, restrictions on port use, and subsequent penalties.

Consultation with private sector and NGO stakeholders has already taken place on the draft Agreement and will continue.  Both private sector and NGO stakeholder groups support the intent of the Agreement.

Contact:

Ben Sims
International Adviser
International Division
Ministry of Fisheries

ben.sims@fish.govt.nz

Ph (04) 819 4710                   Fax (04) 8194644

Amanda Thornton
Policy Officer
Legal Division
Ministry of Foreign Affairs and Trade

amanda.thornton@mfat.govt.nz

Ph (04) 4398055                    Fax (04) 8194644

 

17. Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea
Common name: Rotterdam Rules

The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea is a private international law convention that allocates financial and legal risk between the carrier and cargo interests and regulates for such matters as:

(i) minimum obligations of the shipper and carrier;

(ii) special rules for dangerous goods;

(iii) electronic commerce; and

(iv) extension to non-negotiable instruments.

The Convention applies to Contracts of Carriage, Bills of Lading and non-negotiable documents.
New Zealand is currently a party to the Hague-Visby Rules. The objectives of this new Convention are to: (i) update the rules applicable maritime carrier liability; and (ii) develop an instrument that will be widely adopted, thereby harmonising the international application of maritime carrier liability rules (there are currently three maritime carrier liability regimes in existence).

The general scope-of-application provisions of the Convention mean that it will apply to shipments either to or from a State Party. The implication for New Zealand is that, depending on whether New Zealand’s trading partners adopt the Convention, New Zealand traders may find themselves subject to its rules regardless of whether New Zealand adopts the Convention.

Lead agency:

Ministry of Transport

Status:

Multilateral. 

The United Nations Commission on International Trade Law began preparing the instrument in 2002 through its Working Group III (Transport). 

UNCITRAL Working Group III (Transport) met twice yearly from 2002 to develop the text of the Convention and finished its work in January 2008 for presentation to the 41st UNCITRAL session in June/July 2008, where a final text was agreed for approval first by the United Nations General Assembly Legal Committee and then by the General Assembly Plenary. 

The United Nations General Assembly adopted the text of the Convention on 11 December 2008 and authorized the opening for signature of the Convention at a signing ceremony to be held on 23 September 2009 in Rotterdam, the Netherlands.

Website:
A/63/17 Report of the United Nations Commission on International Trade Law more [external link]

Legislation required:

Yes.  Consultation is yet to occur on whether New Zealand should become a signatory to the convention. If it is decided that New Zealand should adopt the convention, the timeframe for the Bill will then be determined.

Particular interest to Maori and other groups:

The convention will have little or no implications for Maori interests.

It is anticipated that general consultation will take the form of a written discussion paper calling for written submissions. Interest groups with which consultation is appropriate include:

(i) the shipping industry and their organisations;

(ii) cargo interests, exporters and organisations such as Export NZ;

(iii) the maritime insurance industry and their organisations such as the Insurance Council of New Zealand;

(iv) the maritime legal community and the Maritime Law Association of Australia and New Zealand; and

(v) banks (in relation to negotiable documents).

Contact:

Jane Silvester
Adviser
Ministry of Transport

j.silverster@transport.govt.nz

Ph (04) 439 9368                Fax (04) 439 9001

 

18. Agreements to Confirm Tokelau’s Maritime Boundaries

Negotiations have begun for two agreements to confirm Tokelau’s maritime boundaries with Kiribati and the Cook Islands. Draft texts have been provided to Kiribati and Cook Islands authorities and are currently under consideration.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Bilateral. Draft texts supplied to Kiribati and Cook Islands.

Legislation required:
No.

Contact:

Marisa Macpherson
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
marisa.macpherson@mfat.govt.nz
Ph (04) 439 8023                Fax (04) 439 8103

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