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JUNE 2014 | VOLUME 22 | NO.3 Teaching kids Teaching kids about seafood about seafood Fish and chips Fish and chips go gourmet go gourmet Easy Rider case Easy Rider case hard lessons - hard lessons
Gourmet choice on fish and chips menu
A creative chef has taken a gourmet
approach to the country’s favourite
takeaway - and the punters
like it. Paul Elenio reports
Fish and chips is a meal that can be
traced back to the English working
classes in the second half of the 19th
century. Fried Atlantic cod or haddock
partnered the humble potato fry (and in
some parts by mushy peas) to create the
quintessential dish, first popular in coastal
areas and then spread all over Britain.
It didn’t take long for the early settlers to
transplant fish and chips to New Zealand
and many would boast that the excellent
quality of our fish and cooking skills mean
we make much better fish and chips
than anything they have eaten in what
used to be called the Home Country. A serving of parmesan herb crust warehou. Photo: Teresa Elenio
Since McDonald’s arrived in the country
with its first restaurant in Porirua in shoestring, crinkle cut, kumara, wedges or The shop has worked so well that Dale
1976 the fast food market has developed handcut Agria potatoes, the latter peeled is considering opening another.
multiple offerings, from burgers and and machine sliced in front of you.
sandwiches to fried chicken and chow Managing the Mt Vic shop is his cousin,
mein. While fish and chips no longer Also on the menu are crumbed Rowan Gilbert, who brings his experience
totally dominates the landscape, the food squid, fish bites, fish cakes, crumbed as a chef who has worked in restaurants
retains its popularity and penetration of Coromandel scallops and fish burgers. in London, Melbourne and other places.
the market and all without multi-million
dollar advertising and marketing. The owner of the business is Dale “People just keep coming back. It
Keith who also owns and runs the is a fresh concept,” Rowan said.
The menu at fish and chip shops remains nearby Vista Cafe in Oriental Bay.
largely unchanged. Many now offer The range of choices tend to confuse
crumbed as well as battered fish, some Asked where the idea came from to some of the older generation and there’s
offer the choice between home-made offer such gourmet choices around New no doubt that people prefer to stay
chips and factory cut and frozen and Zealand’s most humble takeaway he said with the straight battered fish which
then there are the alternatives such as he had been playing with the concept does not carry the extra charges that
hot dogs, potato fritters and other fare. in his head or eight or nine years. some of the other ways of cooking do.
However one Wellington shop is taking “On a number of trips across the The ex-Southlander says grilled fish also
fish and chips to an entirely new level. Tasman I have been seeing the growth doesn’t carry any further charge and it is
The Mt Vic Chippery, on the edge of of gourmet fish and chips - places like popular especially with people who want
the city’s CBD and a stone’s throw from Garfish and Fish Face,” Dale said. something a bit healthier and to enjoy the
the entertainment district of Courtenay fish without it being coated in anything.
Place, is packed out most nights. The shop is crowded every night and
Dale puts the popularity down to the As the lead cook at the chippery providing
The difference comes down to a gourmet fact that there hasn’t been a shop in so many options does make life hectic.
choice. The shop offers a choice of the suburb for years but also people But he doesn’t take short cuts. The
fish - blue warehou, snapper, groper like the concept of something special most obvious is that when salting the
and tarakihi. It is by no means the and with more choice and some repeat fish and chips he does so tossing them
only shop to offer a choice of fillets customers are from well beyond the area. in a bowl as chefs do in restaurants.
but in this case there is no standard
piece of fish that other shops serve. His partner in the business has a However he was looking to introduce a
very important role. He is commercial seafood chowder for the colder months.
At Mt Vic they take the choice a few fisherman Grant Robinson who has
steps further. You can have your fresh quota and so is a locked in source Another innovation is that people can
fish cooked in beer batter, grilled, of fresh fish for the chippery. order and pay for their fish and chips
panko crumbed, tempura, gluten free online. It still doesn’t overcome the
or with a parmesan herb crust. They “We have a guaranteed supply of very problem that everybody wants their
also have grilled Akaroa salmon. fresh fish - he’ll call me on his way food at the same time - say half an
back to harbour to tell me when he hour before the rugby starts on tv or
When it comes to the obligatory potato will be in and what he has and we can before a movie - but it does mean the
accompaniments there is a choice of change the menu to suit,” Dale said. staff can concentrate on the orders
automatically generated rather than
4 | SEAFOOD NEW ZEALAND | JUNE 2014
dedicate someone to answer the phones.
DOWN THE HATCH
Spaghetti alle vongele (Spaghetti with clams)
Recipe by Geoff Ngan, Head Chef at Shed 5 restaurant, Wellington - (Serves 4)
Spaghetti with clams - wine reduction boosts the taste.
Ingredients Method
1 onion The white wine reduction can be made ahead of when
you wish to make the vongole. It keeps for up to 10 days.
1 bay leaf Finely dice the onion and sauté gently and colour with
1 chilli – split length ways the chilli and bay leaf until soft and translucent. Pour in
the white wine and simmer until the wine has reduced
2 cups white wine by half. The result will be a strong, sharp tasting liquor
with the sweetness of the onion coming through.
40 - 50 clams or cockles, scrubbed clean and soaked in
running water for two hours so that they can spit out sand In a large sauce pan add the chopped chilli, garlic and
50g shallots – peeled and finely diced shallots along with a good dash of olive oil and the cleaned
cockles. Heat gently. Once the aroma of the garlic etc
20 -30g garlic – peeled and finely minced begins to lift increase the heat and continue to cook. Now
the pan should be hot and the aromatics frying, some of
20 -30g red hot chilli – adjust depending the cockles may begin to open. Before the aromatics colour
on the heat of the chillis used and burn add about 4-5 tablespoons of the wine reduction
A dash extra virgin olive oil along with the fish stock and the cooked spaghetti.
A knob butter Cover the pot and allow the boiling wine/stock to steam open and
cook the clams and reheat the pasta at the same time. Once all
50ml fish stock
the clams have opened season with salt, pepper and the Tabasco
100g – 180g cooked good quality spaghetti if desired. Now add a decent knob of butter and swirl the butter
in the sauce. This will enrich and thicken the sauce at the same
A healthy pinch chopped Italian parsley time. One the butter has fully incorporated remove the pan from
the heat (continual and fierce heat will boil and separate the
Optional garlic pepper/Tabasco (for an extra hit of flavour) butter from the liquid), add parsley and toss. Serve and enjoy.
SEAFOOD NEW ZEALAND | JUNE 2014 | 5
The conviction of a skipper’s wife for
the fateful journey of a Bluff fishing
boat raises concerns about both
current and future rules around health
and safety. Paul Elenio reports.
The name Easy Rider will be forever
associated with maritime tragedy and
grief. It will also be seen by many in the
fishing industry as a watershed that may
lead more than a few people to rethink
their connections with fisheries operations.
The death of eight people when the Bluff
fishing boat foundered in bad weather
was an enormous tragedy and the account
of the boat’s trip has been reviewed in Gloria Davis - charged under maritime and health and safety regulations.
a courtroom where a judge has rammed
home significant responsibility for the
loss of life to the skipper’s wife. •• That they operated the boat knowing She was the sole director, a joint
that a master holding the appropriate shareholder, was defined as the “fit
Concern in the industry centres around Skipper’s Certificate was not on the boat. and proper person” with Maritime
the liability of spousal business •• That they permitted the Easy New Zealand and in some documents
partners and the responsibilities they Rider to operate in a manner described as the vessel owner.
carry and concern at upcoming new which caused unnecessary danger
health and safety legislation which or risk to people on board. In terms of the Safe Ship Management
will add further complexity and Policy and Operations Manual she
•• That they failed to take all practicable
accountability for those in the industry. was responsible for the passengers on
steps to ensure that no contractor
board and responsible for land based
or sub-contractor was harmed
The Easy Rider left Bluff at 8pm management, including safety training,
while doing work on board.
on March 14, 2010, sailing for the operations procedure and compliance with
The case was heard in the Invercargill the NZ Ship Safety Management Manual,
Muttonbird Islands to drop off six District Court in January, convictions
passengers. The skipper William Karetai entered by Judge John Stretton in March
then intended to fish in southern waters “Having taken on those responsibilities,
with sentencing at the end of May. however regrettable and unfortunate it is,
with members of his extended family.
it is not open for either Ms Davis to say,
The court decided that Gloria Davis; or more properly, others to say, that the
With a crew of three, there were nine
people on board, including a seven year only responsibility was that of the skipper,
1. Was aware of the documentation Mr Karetai, and Ms Davis was no more
old boy. The vessel sank shortly after
shortcomings. than an administrator,” the judge said.
midnight in heavy weather. Only one
person, crew member Dallas Reedy, 2. Was aware that her husband,
survived after 18 hours in the water. Karetai, did not possess the In particular she was aware that her
Skippers’ Certificate. husband did not have the requisite
There were indications the boat was 3. Was aware of possible overloading of Skippers’ Certificate and had enrolled
overloaded, that equipment was badly the boat with people and equipment him to complete the appropriate
stored, there were not enough life jackets but did nothing about this. Inshore Launch Master course.
on board and the vessel left before a
safety inspection was completed. Addressing Gloria Davis’s responsibility On March 14 Gloria Davis was aware,
the court said that while she may at the very least, that the vessel was
The company that owned the have described herself as in charge fully loaded, given that she had seen
boat, AZ1 Enterprises Limited and of administration she held a number the passengers board the Easy Rider.
Gloria Davis, the sole director, were of positions of responsibility for
charged with three offences; the company and for the operation “She was also either aware that Easy
and management of the boat. Rider had not passed its safety audit
8 | SEAFOOD NEW ZEALAND | APRIL 2014
Easy Rider - there were claims the boat was overloaded when it left port.
or chose to ignore (wilful blindness) the boat from travelling on that day doubt brave and skilled. But they will
the obvious and apparent fact that or alternatively ensuring a suitably have to accept higher safety standards,
the boat could never pass its safety qualified skipper was available.” or more tragedies will occur. While,
audit until such time as it had a inevitably, there will be accidents, they
properly certified skipper on board. Similarly it must also have been must be minimised through prudent
known to Gloria Davis that the boat behaviour and following basic rules.
“The combination of the lack of was not surveyed to take passengers
experience in the area, no appropriately and prior to such a trip a surveyor “The prosecution, even if hard on
qualified skipper, the significant load and should have been consulted to confirm Davis, is part of the process of changing
the presence of passengers exceeding both that extra passengers would not have attitudes. It seems Mr Karetai was
the survey limit (zero passengers), and, caused any harm to those on board. his own man and might well have
in the alternative, a safe number, having ignored any exhortations from Davis.
regard to all the known circumstances, When the judge’s verdicts were
was a set of circumstances which announced Maritime New Zealand “We do not want overly bureaucratic,
collectively would have and did, in fact, Director Keith Manch said the verdicts burdensome and too expensive safety
cause concern to very experienced local should send a strong message to systems. By the same token, rules
skippers. These were all facts known operators in the fishing industry. should not be flouted and need to be
to both Mr Karetai and Ms Davis.” enforced,” the newspaper said.
“The decision to prosecute Ms
The court said that the consequence Davis was not taken lightly, given John Urwin, Managing Director of
of the individual shortcomings she has already suffered greatly as Bluff fishing company Urwin and Co
caused the passengers to be placed a result of the incident,” he said. Ltd which runs a fleet of boats, took
in an unacceptable risk situation. issue with the view that the Easy Rider’s
These individual aspects were “However the sinking of the Easy Rider journey was as a commercial boat.
either known to Gloria Davis “or she was the worst maritime disaster, in terms
deliberately and wilfully declined of loss of life, since the sinking of the He believes that the prosecution was
to acknowledge their presence”. Wahine. As such, it was very important based on rules that should have applied if
that action was taken that reflected the the boat was commercial fishing but this
Discussing Gloria Davis’s responsibility extent of harm - the loss of eight lives was not the case with Easy Rider’s trip.
the judge said she was the sole director - and the very real responsibilities of
and was responsible for safety on board those operating in the marine sector.” But his major concern is for Gloria Davis
the boat. She had not fulfilled that being held liable for what happened.
role and it was left to her husband Reaction to the verdicts from elsewhere
to make the relevant decisions. has varied. In an editorial the Otago “The workplace is under the control of
Daily Times said Foveaux Strait was the operator and the skipper on a fishing
“... Ms Davis, in her capacity as one of the most dangerous patches boat exercises discretion relative to real
director and/or safety officer, should of ocean in the world and the regular time conditions that occur. Weather is
have and could have taken steps to loss of life is clear evidence of that. our main safety issue,” Urwin said.
protect the contractors from harm or the
likelihood of harm by either stopping “The communities that fish and He wonders about the implications
muttonbird hunt in the area are no of the verdicts for the spousal
SEAFOOD NEW ZEALAND | APRIL 2014 | 9
that state, there has to be something and that the general commitment to
fundamentally wrong with the proposal. safety is very good. In fact while fishing
is a dangerous industry the most common
John Urwin believes the fishing industry injuries are small - cuts and sprains
will carry greater burdens of accountability - and the incidence of death is low in
and governance because of the failings comparison to other primary industries.
around the Pike River mine disaster.
“No one would have expected that
He says that the way rules and regulations the burden of such tragedy would
are being formulated it takes away fall on a widow. It is an approach
the ability for skippers to make the where someone needs to be blamed.
appropriate decisions on the day. It should not be a blame game.”
Industry veteran Doug Saunders-Loder Retired Napier and Chatham Islands
shares concerns over the implications fisherman R Lea Clough has pointed
of the Easy Rider decision. out that many wives and partners
are being obliged to take charge of
As president of the New Zealand fishing companies as a consequence
Federation of Commercial Fishermen of Maritime New Zealand’s “fit
he holds real fears for the impacts and proper persons” requirement.
Doug Saunders-Loder - worried about
on the smaller owner-operator. Fishermen were declared unfit and
further health and safety rule changes.
improper for failing to put in returns to
partners for instance, of farmers who He says reaction to the verdicts has raised the Ministry of Primary Industries.
fatally injure themselves on quad fears for family owned businesses and that
bikes or other farm machinery. will put a heavier burden on the business, “Is it not bizarre that MNZ’s actions
a burden they simply cannot afford. may force more spouses into situations
“Directors cannot be expected to be where they are responsible for
accountable for every risk. As a director The implications are “quite mind actions by their men? Also, how many
is it possible to envisage or foresee blowing” for many individuals fishermen are going to obey a spouse
every potential catastrophe? Practically, involved in the industry. with no nautical experience who
every bit of bad weather, swell or for orders them to stay in harbour?”
that matter poor seamanship decision. Doug also expressed concern that new
health and safety requirements will Institute of Directors national president
"Where does it stop?” be imposed with only the barest of Stuart McLauchlan says directors have
consultation with the fishing industry to get to grips with new health and
which already works to stringent rules and safety requirements and that “reporting”
John Urwin expressed his concern at
requirements required by Maritime New of health and safety issues and acting
changes proposed in the Health and
Zealand within the Maritime Operator on them was “the key” for directors.
Safety Reform Bill. He commented
that the proposed processes in the Bill Safety System (MOSS) framework. MOSS
would have significant repercussions for comes into force on July 1, 2014 and “Nothing has changed in terms of liability.
directors and all fishing companies. makes it clear that an entire maritime After people advise administration
operation, rather than just a vessel, on health and safety issues they
needs to be examined to ensure all safety must act; ultimately the buck shops
He says that the way rules and
risks are identified and managed. there with directors,” he said.
regulations are being formulated is
too prescriptive and therefore become
impractical and unworkable. While Doug strongly supports the need for Stephanie Grieve, law firm Duncan
a responsible approach to both vessel and Cotterill’s health and safety specialist
fishermen’s safety, the framework and the lawyer, says that under the new health and
The Bill proposes that where a worker
attitudes required are largely in place. safety regime directors not operationally
requests a health and safety representative
involved will be found liable for health and
be appointed, the vessel operator
“We need to be respectful of the safety breaches, in circumstances where
must appoint a representative. If that
need for developing systems that they have not obtained key knowledge
representative wants a health and
protect our people but not overlook on health and safety performance
safety committee, a committee must
the practicalities of our industry.” in order to ensure it is adequate.
be appointed. The representative has
the right to request that work ceases.
Doug joins John Urwin in supporting Gloria Davis had or ought to have
the development of sensible, meaningful had knowledge about health and
“How do you have a health and safety
and effective systems that are not safety issues relating to the Easy
representative and a committee on a
developed in isolation from fishermen Rider, Stephanie Grieve said.
vessel that has one skipper and one
or two crew and maritime regulations and designed too prescriptively.
stipulates the skipper has the
absolute control and health and safety Doug said it would be good to see some
responsibility.” When things get to recognition of how the industry is already
proactive in the health and safety area
10 | SEAFOOD NEW ZEALAND | APRIL 2014
Gloria Davis was sentenced in the
Invercargill District Court to 350
hours of community service and a
fine of $3000, after being found
guilty of charges under the Maritime
Transport Act and Health and Safety
in Employment Act. AZ1 Enterprises
received total fines of $204,500.
After the verdicts were given in March
Seafood Magazine sought an interview
with Maritime New Zealand about the
prosecution. They said they would
answer questions after sentencing.
The questions raised and their
answers from Keith Manch, director
of Maritime New Zealand:
Was the prosecution of Gloria Davis and
AZ1 Enterprises taken so as to set a
standard for future operations of fishing
boats particularly when commercial
boats are being used for pleasure? Maritime New Zealand director Keith Manch
The sinking of the Easy Rider was
the worst maritime disaster, in terms
of loss of life, since the sinking of The judge’s decision makes it very clear Was any consideration given to not
the Wahine. As such, it is very important that he accepted evidence from MNZ taking the case because Gloria Davis
that action was taken that reflected that the final voyage of the Easy Rider had already suffered grievously from
the extent of harm – the loss of eight was not a pleasure or recreational trip. the loss of the boat and crew?
lives – and the very real responsibilities As has been stated by MNZ, the decision
of those managing such vessels. to prosecute Ms Davis was not taken
The standard for operations of fishing
boats is already clearly set out in lightly, given she has already suffered
Under MNZ’s compliance operating the Maritime Transport Act 1994, greatly as a result of the incident.
model, when considering what compliance Health and Safety in Employment However, the sinking of the Easy Rider
action is appropriate in particular Act 1992, and Maritime Rules. cost the lives of eight people – that had
cases, consideration is given to: to be a major consideration if determining
The prosecutions following the sinking what action should be taken. While Ms
•• the extent of harm or risk of harm of the Easy Rider should further Davis suffered considerable personal loss,
•• the conduct of individuals or groups emphasise to those involved in fishing so did the families of others who died as
being looked at (whether it is a one- operations that their responsibilities a result of the sinking of Easy Rider.
off event or ongoing behaviour) must be taken extremely seriously.
•• the public interest (or the Lessons must be learned from this
importance to the wider public) The Transport Accident Investigation incident to prevent anything similar
Commission found much of the happening again. Ms Davis was the
•• the attitude of those involved
responsibility for what happened lay with sole director of the company (AZ1
towards compliance.
the skipper. Was this taken on board Enterprises Limited) and she was the
before deciding to prosecute Ms Davis? “fit and proper person” who ran the
When considered against these
Charges were laid against Gloria commercial fishing business. As such,
criteria, prosecution was the
Davis and AZ1 Enterprises in October she had significant legal duties.
appropriate course of action.
2012. The TAIC report into the
incident was released in May 2013.
SEAFOOD NEW ZEALAND | APRIL 2014 | 11
The “Safety Management Policy and An agreement was made with the very seriously, the responsibility they
Operations Manual for Easy Rider” skipper to inspect the vessel two days have for the safety of those onboard.
states that “land-based management for later. The skipper knowingly misled
the safety of the maritime operation is the inspector that the vessel would This prosecution was not of a skipper, it
undertaken by Gloria Davis, who provides not be put to sea before that time. was of someone who had taken on the
for and monitors adherence to procedures responsibility of ensuring a commercial
covering Safety & Training, Operational What does Maritime NZ see as the operation was safe. This has nothing to do
Procedures, and Compliance with the implications of the court decision for with the “academic skills” of skippers.
NZ Ship Safety Management Code”. other boat owners and spouse directors?
This court decision highlights the The key issue is ensuring that all those
Ms Davis is also named as the considerable responsibilities under the law in the fishing industry are aware of the
“designated contact person, with the of all those taking in the role of “fit and standards required of those operating
authority to ensure safe management proper person” in relation to commercial in this sector to ensure a tragedy of
of the vessel for this business”, and operations. This must be taken extremely this nature does not happen again.
is named as being responsible “for seriously. The issue of “spouse” directors
ensuring that all persons who use the is irrelevant. The responsibilities apply Whether or not someone is “academic”
vessel are adequately qualified”. equally to whoever has the role. is irrelevant – what matters is the
priority they place on ensuring their
People responsible for managing the It has been suggested the prosecution boat, crew and catch are brought home
operations of commercial vessels have a is a Wellington-driven campaign against safely at night – that applies equally
clear responsibility for ensuring the crew fishermen who lack the academic to skippers and onshore directors.
are appropriately qualified and that the skills to undertake the responsibilities
requirements of the Health and Safety in being increasingly foisted on them by
Employment Act 1992 are being fulfilled. regulation. Any comment on that?
MNZ rejects this suggestion entirely – it is
A maritime safety inspector had inspected probably also offensive to many skippers.
the vessel before it made its fateful trip -
what responsibility did he have to prevent The responsibilities of skippers in
the boat from leaving because the skipper commercial operations to operate
could not provide the required paperwork? safely are clear and have not changed
This issue is addressed specifically by in recent times. MNZ is confident that
the judge in his written decision. most skippers understand, and take
The Easy Rider court decision signals whether they are directly involved in
a tougher approach to safety at operations or not so it is vital that these
sea, writes lawyer Tim Jeffcott. people fully understand and engage in
Maritime New Zealand and health and
Fishing operators will now need to review safety in employment safety systems.
whether husband and wife teams should
both be directors. If one is not going to be 3. The consequences of failing
involved in the operation on a day to day to do so can be tragic and result
basis then serious consideration should be in significant penalties.
given to that party not being a director.
So what does this all mean for the fishing
Directors should review where their industry? For large fishing operations the
assets are held so they are protected decision is not likely to have a significant
from the costs of failure to comply with impact as compliance with safety
legislation. Insurance should also be regulations is treated by those companies
reviewed to ensure that there is sufficient as an inevitable cost of doing business.
cover to protect the director in case
of investigations and financial loss. Larger companies have the volume
and scale to sustain the cost of
Considerable sympathy has been specialist advice and support with
expressed for Ms Davis’s plight but compliance and are used to being
it is clear that both the prosecution scrutinised closely by authorities.
and the guilty verdicts herald a Tim Jeffcott - Fishing operators will now
tougher approach to the enforcement It is a different story for smaller need to review whether husband and
of responsibilities of those operating businesses who have the same compliance wife teams should both be directors.
in the maritime sector, particularly obligations as their larger counterparts
the health and safety obligations of but who operate within tighter margins.
company directors and managers. case with Pike River where difficulties
Family busineses, such as the Davis- with obtaining the adequate evidence
While Ms Davis had no involvement in Karetais need to realise that they will be meant that what would have been a
the day to day running of the vessel held to the same compliance standards 20-week trial was extremely unlikely
the court rejected the argument that as larger players in the industry and that to result in a successful prosecution.
she was merely an administrator and the cost of meeting those standards is
that the real responsibility was that an unavoidable part of doing business. New health and safety legislation,
of the person in charge of the boat. This will in most cases require more time which is expected to come into
being spent both on ongoing education force in April 2015, is set to impose
SSM* was set up to assist boat owners and training for owners and managers and a new regime on managers and
to comply with legislative safety on constant monitoring of the business’s company directors to manage risks
requirements in New Zealand. Commercial compliance with those obligations. and keep their workplace safe.
boat owners engaged SSM companies
to conduct audits for them so they The Easy Rider case is not about a wife Stronger penalties, enforcement tools,
could obtain Safe Ship Management being held liable for the actions of her and court powers are likely but have yet
Certificates (SSMC) from Maritime husband. Gloria Davis’s liability was to be finalised. However, one of the main
New Zealand – effectively a passport to based on her assumption of responsibility objectives of this new legislation is to
lawfully operate as a commercial fishing by becoming a director of the boat improve health and safety outcomes by
operation in New Zealand waters. owning company. It is important to note making it clearer to those targeted what
though that the outcome is likely to have their legal duties are. That is, it seeks
While Ms Davis and Mr Karetai had been exactly the same if Ms Davis and to promote compliance with the duties
engaged an SSM company and had her husband had owned the business by clarifying the requirements and the
obtained the initial SSMC, they failed personally rather than through a company. consequences of non-compliance.
to continue to adhere to the ongoing
requirements of the process. There will be the inevitable comparisons * Martime New Zealand’s new Maritime
between this case and the Pike River Operator Safety System (MOSS) replaces
Three things are clear from mine disaster where there were no SSM. All maritime operators must
the decision in this case. convictions of directors or managers comply with MOSS by 14 July 2014.
despite the huge loss of life involved.
1. Maintenance of safety at sea is an Tim Jeffcott, B.A. LL.B AAMINZ, works
ongoing and heavy obligation which, under However, it would be wrong to see in the Fisheries and Maritime Law Team
the MTA, means taking all reasonable this as some kind of double standard. at Hamish Fletcher Lawyers in Nelson.
care to avoid unnecessary danger or The viability of prosecutions depends
risks and under the HSEA taking all largely on the availability of the
practicable steps to avoid harm. necessary evidence. Put simply, while
the necessary evidence to convict
2. Managers and directors of maritime Gloria Davis was readily accessible to
operations will be held accountable the prosecution, the opposite was the
for failure to meet such obligations
SEAFOOD NEW ZEALAND | JUNE 2014 | 13
The fishing industry will need to take roles) to ensure the PCBU complies Directors exempt officers
stock of legislation that demands even with its health and safety duties. prosecution if they are:
greater attention to keeping safe. •• Creates better levels of participation
by workers in matters of health and •• Acting on a voluntary basis such as
The new Health and Safety Reform Bill an unpaid director of a company.
safety and helps workers to have
puts greater onus and legal requirements the knowledge and ability to keep •• members of a school board of trustees.
on managers and company directors to them and their colleagues safe. •• members elected to local authorities,
manage risks and keep their workers safe. community and local boards.
•• Establishes an enforcement regime
with a wide range of enforcement tools
The Bill is part of the Government’s If an officer exercises due diligence they
for the regulator and the courts. are not liable regardless of the conduct
Working Safer reforms that followed
•• Requires the development of a of the PCBU or other officers. The duty
the Independent Taskforce on
Health and Safety at Work strategy. includes taking reasonable steps to;
Workplace Health and Safety and
the Royal Commission on the The legislation will make changes to
other Acts of Parliament dealing with •• gain an understanding of the nature
Pike River coalmine disaster. of the operations of the PCBU
health and safety, including those
and generally hazards and risks
The Bill is based on the Australian governing Worksafe New Zealand, associated with those operations.
Model Work Health and Safety Act and ACC and Employment Relations.
•• ensure the PCBU has, and implements,
a draft has been open for preliminary processes for complying with its duties.
submissions from the public, including The Bill is expected to be passed into
the seafood industry. The Bill will law by the end of 2014 but the law will Failure to comply with a due diligence
also go to a select committee where come into force on 1st April 2015. duty could result in prosecution and a
further consultation will be available. fine, the maximum level of which would
The proposed law creates a due diligence be determined by whether or not the
According to the Ministry of Business, duty so that those in governance roles, officer’s failure exposed a person to a
Innovation and Employment the Bill; such as company directors, will be risk of death or serious injury or illness.
required to exercise due diligence
to ensure the PCBU complies with Currently officers are automatically
•• Imposes a primary duty on a person
its duties. Officers set the direction liable for the failure of a body
conducting a business or undertaking corporate if they directed, authorised,
(PCBU) to ensure, as far as is reasonably and provide leadership in health and
assented to, acquiesced in or
practicable, the health and safety safety for their organisation, including participated in the failure.
of the business’s workers and other making resource decisions.
people associated with the work. The Australian penalties for the offences
It imposes a positive due diligence include fines of up to $600,000 and
duty on officers (those in governance or five years’ imprisonment or both.An industry initiative provides facts career opportunities it offers,” says Emma and Kylie’s energy, combined with
and resources about seafood to Doug. “And I know there are many a creative flair and hands-on knowledge
our schoolchildren. Karin Kos of others out there doing the same.” of what schools are looking for, made
Seafood New Zealand reports. it easy for Seafood New Zealand to
“In one of my more recent experiences I recommend that industry progress with
“My kid’s being taught that nearly all was asked to come to a local secondary them in developing new education
the fish have gone from our oceans…” school by a teacher who asked me to tools. This included getting the tick
talk about ‘overfishing’. My first response of approval and additional funding
“I’ve been asked to go to the local was why would she think that?” from the industry’s Communications
school to talk about ‘overfishing’!” Forum, a collective of industry
When Doug came to the school, he saw representatives with combined marketing
that the underlying problem was a lack of and communications backgrounds.
“My daughter came home from school
with anti-fishing flyers in her bag.” up-to-date resources. For example, one of
the key booklets used by the teacher was “Today’s schools are not about paper, pens
published in 1983 and made no mention and blackboards. Information doesn’t just
These are just some of the comments
of the Quota Management System (QMS). come from text books and libraries, and
that would come up in conversation
it’s no longer just about the other kids
with New Zealand fishermen who
“It struck me that our social licence to in your class,” say Emma and Kylie.
were becoming increasingly frustrated
at the lack of objective and up-to- operate would be seriously undermined
date information on the seafood if we didn’t take the initiative and get in “Schools today want their students to
industry in some of our schools. front of schools and provide them with remember, understand, reach, apply,
factual resources, preferably through evaluate and create. They do this in
a national, co-ordinated programme. a much more interactive, online and
This frustration was shared by leaders
creative way, whether it’s creating
within the seafood industry and Seafood
That led to a conversation with the a podcast, a Twitter feed or using
New Zealand with a growing recognition
team at Seafood New Zealand who Instagram to photograph material.”
that industry needed to be more
proactive in reaching schoolchildren, investigated a number of options,
their teachers and parents. including checking out what other Ministry of Done’s challenge was to
industries were doing. The ones doing it work with the industry and develop
well made sure their programmes were a suite of material that would totally
Doug Saunders-Loder, President of the
integrated with the national curriculum, engage primary schoolkids and their
New Zealand Federation of Commercial
were relevant and had credibility. teachers and have a “wow” factor.
Fishermen and representative on
But first, they had to understand the
the industry training organisation,
One company that stood out as doing industry they were working with.
has been a strong advocate for
seafood education in schools. things a little differently but effectively
in the education space was the Ministry “We quickly got a sense of the
of Done, run by two ex-teachers, based effort and skill involved in getting
“I’ve spent many hours in front of
in Hamilton. Emma Bettle and Kylie seafood from the sea to the plate
classrooms talking to students and
Power have made a name for themselves after speaking to fishermen around
their teachers about sustainability
as problem solvers, passionate about the country,” says Emma.
in the seafood industry and the
getting things done for their clients.
18 | SEAFOOD NEW ZEALAND | APRIL 2014Some Melville High students were initially not keen on handling the snapper. Madison Fyvie holds one and Nichola Johnson (left) and
Ashleigh King move away. Photos courtesy of Colleen Kiddie.
Some blackboard learning before the students got up close and Students learn about fish. From left, Connor Doyle, Dylan Pelling,
personal with the fish. Manish Kumaran, Megan Christenson and Ellen-Rose Krippner.
One chat with a fisherman at last year’s and that they cared about what kids the CREST awards scheme which is
Fed’s conference stuck in the mind of were learning about the industry. designed to encourage students to
Miriam Makgill, part of the Ministry investigate innovative scientific and
team. “He came up to me after our The Ministry also picked up on the technological solutions to practical
presentation and said he wanted kids strong science connection through problems. The Royal Society is an
to know how big the waves were that fisheries management and suggested independent government body with the
he had to go over to catch the fish an underlying science theme to the aim of advancing and promoting science
that ended that up on their plates.” materials. This led to an approach to and technology in New Zealand.
the Royal Society of New Zealand to
That was a defining moment for the be part of their CREST programme. By the end of 2013, Seafood New
Ministry of Done team in understanding Zealand had produced 20 lessons
what it meant to be part of this industry. Many parents with primary and which span Years 5-9, linked to 10
They could see that fishermen and their secondary school children will recognise Student Activity Sheets and nine
partners were passionate about what they Fact Sheets on the industry.
did, that there was a strong commitment
and effort involved in harvesting fish SEAFOOD NEW ZEALAND | APRIL 2014 | 19When Jay Warren, teacher at Melville High, got a visit
from the Ministry of Done’s Emma Bettle on the new
seafood resources, he liked the idea of his students
getting to know the seafood industry a little better.
“The topic and subject interest me, particularly
how the QMS works and what’s involved
in being in the industry,” says Jay.
That led to a visit by Brian Kiddie, professional fishermen
of the Bay of Plenty and his wife Colleen who talked about
the QMS and how the industry is regulated. He also brought
along the types of fish he catches, from trevally, snapper, Brian Kiddie demonstrates the right techniques.
kahawai and kingfish and showed them how to gut and
fillet the fish in a couple of food technology classes.
Jay said the kids really enjoyed the experience and the
best thing for them was seeing and touching fish. “One of
the girl’s was dared to kiss the kingfish, and she did!”
“The lesson made it come alive for the kids, especially
the hands-on experience of being able to pick up a fish
like a kingfish.” Jay said they asked a lot of questions
and were surprised at the level of documentation and
reporting involved. They also looked at the EEZ and
were interested in seeing how the fish get around.
Here’s just some of the feedback he got from the students:
“It’s cool seeing the fish, holding the fish.
It’s interesting and exciting.”
“I was surprised at all the different types of fish we found.”
Some Social Studies students then developed enough courage to
actually kiss a fish. Nichola Johnson holds up the object of
“I was impressed with the size of the Ashleigh King’s affection.
kingfish, it was so much fun.”
For Jay the experience was an eye opener as well. “It
was really useful to have the kids understand that
we’re actually proactive in sustainably producing
our fish and that it’s important to our economy.
Additionally, we value our community and so we’re
appreciative and receptive to this interaction with
industry and the professionals who work in them.
“It’s a huge thing in education to make things fun but
in practice that’s challenging. This was an opportunity
that I couldn’t resist and it was fun but informative.
I’d like to continue doing this and I know the kids
will be talking about it for the rest of their day.”
For Brian and Colleen the day was equally valuable.
“The students had done their homework and asked
lots of good questions,” said Brian. “They were
interested in things like protected species, and learnt
a lot about how our fisheries are managed well. But
the highlight for most of them was the touching and
seeing the fish, and then of course eating it.” Watch that knife! Students from left are: Maddisyn Flavell,
Tony Ashley, Michelle Opai, Reejena Samy, Te Ahuru Thompson
20 | SEAFOOD NEW ZEALAND | APRIL 2014“It’s clear from our conversations with
some of our teachers that there is some
misunderstanding around the industry and
this is going to take time to turn around.
But when we sit down with teachers
and show them that the material is well
grounded and based on fact, they start to
engage positively,” say Emma and Kylie.
For Seafood New Zealand the
next steps are bedding down the
programme and getting feedback
from the teachers and students about
the online tools and programme.
For Doug Saunders-Loder, this is just
the start of the journey into education.
“The current materials rightly focus
on the seafood industry and marine
environment and once that’s well
Melville High students enjoyed their own cooking. established I would like to see us
engaging in career opportunities
for secondary school students.
They cover topics like Understanding the Fast forward to term one, 2014, and the
Quota Management System, Tracing the Ministry of Done and their small team of “I want schoolkids and their teachers
Hoki Supply Chain in New Zealand to enthusiastic staff have been to over 100 to get a balanced view of our industry
Understanding Why Aquaculture is such schools with another 400 schools to visit and to be left with a sense that,
a Special Innovation. They sit on both in terms two, three and four. Emma says actually, this is a great industry to be
the Royal Society of New Zealand (www. interest in the resources has been high, involved and that has a positive and
royalsociety.org.nz) and Seafood New with teachers keen to use tools that will dynamic future, one that does a lot
Zealand’s (www.seafood.co.nz) websites. help make class sessions fun and cool. for our economy in a positive way. “You can also read
