Maritime Labour Convention (MLC) for ship owners

Does the MLC apply to your ship?

To quickly check whether MLC applies to your ship, see section 3 “Which ships are affected?” in the MLC guidelines above.

How MLC generally applies to New Zealand ships

• New Zealand commercial ships of 500 gross tonnage or more on international voyages must carry:
  • a Maritime Labour Certificate
  • a Declaration of Maritime Labour Compliance (DMLC) Parts I and II.
• Other New Zealand commercial ships of any size on international voyages must comply with MLC but are not required to hold an MLC Certificate. Any New Zealand‑flagged commercial ship that calls at a foreign port may be inspected by Port State Control officers under MLC. In these cases:
  • voluntary certification can provide evidence of compliance
  • without certification, ships may undergo more detailed inspections against Convention standards (see MLC Appendix A5‑III).
• New Zealand commercial ships of 200 gross tonnage or more on domestic voyages that proceed beyond restricted limits must comply with MLC but are not required to hold an MLC Certificate.

How to comply

Maritime Labour Certificate and DMLC

A Maritime Labour Certificate is issued once a ship has been inspected and a delegated person or Maritime NZ has confirmed that it complies with MLC. The certificate:

• applies to a specific ship
• is valid for up to 5 years.

The certificate package includes:

• the MLC Certificate
• DMLC Part I
• DMLC Part II.

For New Zealand ships:

• Maritime NZ prepares DMLC Part I as the competent authority. It sets out how New Zealand gives effect to MLC in legislation and practice, including any equivalences and exemptions for the ship.
• the ship owner prepares DMLC Part II, which explains how they meet MLC requirements for that ship. Inspectors refer to DMLC Part II during Port State and Flag State inspections.

Obtaining a Maritime Labour Certificate

For the steps you must take to obtain MLC certification, see section 4 “Inspection and certification” in the MLC guidelines.

Who is a Seafarer?

For MLC, a seafarer is anyone employed, engaged, or working on a ship in any capacity related to the operation of the ship. This definition:

• aligns with Maritime Rules Parts 51 and 52 and the Maritime Transport Act 1994
• excludes:
• marine pilots
• law‑enforcement personnel
• people temporarily engaged on the ship while it is in port.

The master is also considered a seafarer.

Cadets

Cadets may not be in paid employment but are still considered seafarers under New Zealand law.

Where a cadet is not in paid employment:

• they may not have a Seafarer Employment Agreement (SEA)
• Maritime NZ requires:
  • a signed written agreement between the cadet and the training provider
  • a signed written agreement between the training provider and the ship owner.

The MLC guidance provides more detail on ship‑owner obligations when cadets are on board.

Other persons on board

For other persons on board (for example scientists on research vessels), the ship owner should contact Maritime NZ to confirm whether they are considered seafarers. Their status will determine which MLC requirements and certifications apply.

Seafarer Employment Agreements (SEA)

Every seafarer serving on a ship to which MLC applies (excluding unpaid cadets) must have a signed SEA. As a minimum, each SEA must include:

• the seafarer’s and ship owner’s names and contact details
• the capacity in which the seafarer is employed
• wages to be paid
• leave entitlements
• how either party may terminate the agreement
• health and social‑security protection benefits
• the seafarer’s entitlement to repatriation.

You must:

• give each seafarer a signed original SEA
• keep a copy of each SEA on board.

SEAs must:

• contain the items required by Maritime Rules Part 52
• comply with the Employment Relations Act 2000 for New Zealand‑flagged ships.

Obligations to seafarers under the Maritime Labour Convention

Wages

You must:

• pay seafarer wages in full at intervals of no more than 1 month
• give seafarers the option to transmit all or part of their wages to a nominated person
• ensure any charges associated with transmitting wages are reasonable
• ensure exchange rates used for wage transfers, unless otherwise agreed, are:
  • at the prevailing market or official published rate
  • not unfavourable to the seafarer.

Leave

Seafarers are entitled to a minimum of 2.5 calendar days of leave for each month of service.

On New Zealand ships:

• minimum paid‑annual‑leave entitlements are set in the Holidays Act 2003
• the maximum period of continuous service without taking annual leave must not exceed 12 months.

On foreign‑flagged ships:

• you must follow your flag State’s requirements for maximum continuous service before seafarers become entitled to leave.

Shore leave

MLC expects seafarers to have shore leave “to benefit their health and well‑being and consistent with the operational requirements of their positions”.

Maritime NZ expects owners, operators, and masters to allow shore leave in line with this. When considering shore leave, you should focus on health and wellbeing benefits, not solely on financial implications.

Port State Control officers may:

• inspect your vessel to check compliance with shore‑leave requirements
• take enforcement action if they find non‑compliance.

Recreation Space

You must:

• provide recreation space that meets Maritime Rules Part 51 standards
• specify recreational facilities in DMLC Part II.

Recreational facilities, amenities, and services must meet the needs of seafarers who live and work on the ship.

Food and catering

You must:

• provide food and water free of charge to seafarers during ship operations
• provide adequate, varied, and nutritious meals
• ensure food is prepared and served under hygienic conditions
• ensure meals meet seafarers’ religious and cultural dietary requirements
• provide drinking water of appropriate quality.

Ship’s cook requirements

New Zealand ships must have a qualified ship’s cook on board if:

• the ship has a crew of 10 or more (including the master), or
• the ship is 1,000GT or greater and operates in an unlimited area.

If your ship requires a ship’s cook

If you operate a New Zealand ship that requires a ship’s cook, that person must hold:

• a letter from Maritime NZ confirming that their New Zealand qualification meets the requirements of the MLC
• a ship's cook certificate from another MLC signatory state.

Food preparation and storage facilities

The Food Act 2014 focuses on food safety. Where a ship owner has a Food Control Plan or deemed Food Control Plan registered under the Food Act 2014, Maritime NZ will generally accept this as meeting MLC requirements for food‑preparation and storage facilities.

Medical care

On New Zealand ships:

• when overseas, seafarers must receive all necessary medical attention at the ship owner’s expense
• while in New Zealand, seafarers have access to the public‑health system.

Maritime Rules Part 50 prescribes:

• the medical stores that must be carried
• related medical‑guidance requirements.

Accommodation

Maritime Rules Part 51 sets standards for all crew‑occupied areas on a New Zealand ship, including:

• sleeping rooms
• recreation rooms
• galleys
• laundries
• sanitary accommodation (baths, showers, WCs)
• drying rooms
• storerooms
• heating and ventilation.

Hours of work and rest

The maximum hours of work for seafarers must not exceed:

• 14 hours in any 24‑hour period
• 72 hours in any 7‑day period.

Alternatively, the minimum hours of rest must be at least:

• 10 hours in any 24‑hour period
• 77 hours in any 7‑day period.

You must:

• establish and enforce rest periods
• post a table of shipboard working arrangements that shows minimum hours of rest
• keep records of hours of rest, endorsed by the master and the seafarer, on board.

Inspections and enforcement

Port State Control (PSC) inspections

New Zealand commercial ships of any size on international voyages may be subject to PSC inspections in overseas ports. These inspections include checks for MLC compliance.

For ships that are not required to hold an MLC Certificate:

• voluntary certification can provide evidence of compliance
• without certification, ships may undergo more detailed inspections against MLC standards (see Appendix A5‑III).

Foreign‑flagged commercial ships visiting New Zealand are inspected for MLC compliance as part of normal PSC activity.

During PSC inspections, Maritime NZ:

• recognises seafarers placed on board by registered Recruitment and Placement Services (RPS) providers from States that have ratified MLC
• requires ship owners who use RPS providers from non‑member States to show that those providers meet MLC requirements.

Flag State Control (FSC) inspections

For New Zealand ships operating under the ISM Code (subject to Maritime Rules Part 21):

• Maritime NZ conducts annual Flag State inspections
• MLC compliance is checked as part of those inspections.

MOSS inspections

For ships that operate under MOSS:

• Maritime NZ checks MLC compliance during scheduled MOSS inspections and audits.

Private recruitment and placement services

If you recruit seafarers through private recruitment and placement services, you must ensure that:

• those services comply with MLC
• seafarers are not charged recruitment or placement fees by any organisation.

Complaints

On‑board complaints

Your ship must have an on‑board complaints procedure that:

• meets Employment Relations Act 2000 requirements
• is used as the first step for handling complaints.

Shore‑based complaints

As an MLC party, New Zealand has a shore‑based complaints process that seafarers can use.

For complaints about employment matters on a New Zealand‑flagged ship:

• seafarers should contact Employment New Zealand
• Employment New Zealand provides guidance on employment issues and ensures that minimum employment standards are met.

For complaints, the complaints process can be found here: