Maritime Transport Act 1994

Duties in relation to maritime activity - Liens on ships by crew and masters

28: Members of crew not to contract out of rights

You could also call this:

"Crew members on ships can't give up their rights to fair pay and other protections."

If you are a crew member on a ship, you cannot agree to give up your rights to a lien on the ship or to getting your wages back. You also cannot agree to give up your right to wages if the ship is lost, or to any money you might get for helping to save the ship or its cargo. Any agreement that tries to take away these rights is not valid.

If you agree to work on a ship that is being used to salvage, or save, another ship or its cargo, you can agree on how you will be paid for that work.

You have rights that protect you if you work on a ship, and some agreements cannot take those rights away from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM335676.


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"No charging seafarers for finding them ship jobs"


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29: Master to have same rights as members of crew, or

"The ship's boss has the same rights as the workers to get their money back."

Part 3Duties in relation to maritime activity
Liens on ships by crew and masters

28Members of crew not to contract out of rights

  1. A member of the crew of a ship shall not by any agreement forfeit his or her lien on the ship, or be deprived of any remedy for the recovery of his or her wages, or abandon his or her right to wages in case of the loss of the ship, or abandon any right that he or she may have or obtain in the nature of salvage; and every stipulation in any agreement inconsistent with this subsection shall be void.

  2. Nothing in this section shall apply to a stipulation made by a member of the crew of any ship with respect to the remuneration to be paid to that member of the crew for salvage services to be rendered by that ship if, according to the terms of the agreement, the ship is to be employed on salvage service.

Compare
  • 1952 No 49 s 91