Minimum safe crewing requirements on NZ SOLAS ships operating under the ISM code
This position statement explains Maritime NZ’s view on:
- when a ship is considered to be operating
- when and how a minimum safe crewing assessment must be carried out
- when the crewing levels in a minimum safe crewing document (MSCD) apply.
New Zealand is party to the International Convention for the Safety of Life at Sea (SOLAS). Chapter V, regulation 14 of SOLAS requires all ships to be sufficiently and appropriately crewed for safe operation, and provides for issuing minimum safe crewing documents. In New Zealand this is given effect through Maritime Rules Part 31: Crewing and Watchkeeping.
Under Part 31, the owner and master of a New Zealand SOLAS ship operating under the ISM Code must ensure that, when the ship is being operated, an appropriate number of qualified crew are on board to operate the ship safely and to manage any identified risks for that ship.
Section 2 of the Maritime Transport Act 1994 (MTA) defines operate broadly as:
“to sail or use the ship, or cause or permit the ship to sail, be used, or be in any place, whether or not the person is present with the ship…”
Chapter IX of SOLAS sets out the ISM Code, which is mandatory and given effect in New Zealand by Maritime Rules Part 21: Safe Ship Management Systems. The ISM Code requires, among other things, that the shipowner or company establishes and maintains a safety management system.
You can find more detail on the requirements in Part 31 and Part 21 in the legislative basis section below.
Our position
Because of the definition of operate in section 2 of the MTA, a ship is considered to be operating in any situation where it has not been decommissioned. This includes, but is not limited to, when the ship is:
- underway
- conducting cargo operations
- alongside, moored, or at anchor, including when idle
- in routine maintenance periods
- laid up
- in dry‑dock.
The owner, master, or any person who has assumed responsibility for the ship must ensure crewing levels are sufficient for the safe operation of the ship by assessing the circumstances and conditions in which the ship is, and will be, operating.
This means:
- carrying out a minimum safe crewing assessment in line with Part 31, including ensuring appropriate watchkeeping arrangements and principles
- identifying and taking into account risks such as:
- the area the ship is operating in
- weather and sea conditions
- the type of cargo being carried.
In all circumstances, the master retains responsibility for the ship until they are properly relieved, whether on board or ashore.
When an MSCD has been issued
If an MSCD has been issued for a ship:
When the ship is underway
- The minimum safe crewing levels stated in the MSCD must be met, unless the crewing assessment shows that additional crew above MSCD levels are required.
When the ship is not underway
- Crewing levels are determined by the crewing assessment, not by the levels in the MSCD. The assessment may show that fewer or more crew than the MSCD levels are required.
- Even if crewing levels are below those stated in the MSCD, the number of qualified crew must still be appropriate for the circumstances and conditions in which the ship is operating, based on the crewing assessment.
- Qualified crew must be available to ensure the safety of the ship, maintain watches, respond to emergency situations, and operate relevant equipment, including emergency equipment.
- These requirements apply at all times, including when the ship is idle or laid up.
The ship must not be left completely unmanned by qualified crew while it is operating, except when it is in dry‑dock and has been formally handed over to the dockmaster.
Further Information
Read position statement PS 04, look‑out requirements for all vessels, alongside this statement.
Legislative basis for this position
Maritime Rules Part 31 (which incorporates SOLAS chapter V) requires, among other things, that the owner and master of a ship must:
- ensure the total crew carried on board includes sufficient crew and qualified crew to operate the ship safely, in accordance with a minimum safe crewing assessment under rule 31.21 and an MSCD issued under rule 31.22 (rule 31.20)
- undertake an assessment to ensure that minimum safe crewing levels can be maintained across different scenarios, including “conducting all stages of the ship’s operation safely” (rule 31.21(1)(h))
- ensure crewing levels are sufficient to allow crew to be fit for duty when keeping watch and undertaking operational duties, while establishing and enforcing rest periods (rules 31.29 to 31.30)
- ensure anyone engaged in watchkeeping duties observes the standards set out in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), and that watchkeeping arrangements are in accordance with STCW (rule 31.41).
Maritime Rules Part 21 requires the owner of a commercial New Zealand SOLAS ship to implement and maintain a safety management system that complies with the ISM Code (rule 21.6).
Clause 6 of the ISM Code, Resources and Personnel, requires that the company ensures:
- each ship is manned with qualified, certificated, and medically fit seafarers in accordance with national and international requirements (clause 6.2.1)
- each ship is appropriately manned to encompass all aspects of maintaining safe operations on board (clause 6.2.2).
Key terms
This section sets out any abbreviations and definitions that have been used in this policy.
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Alongside |
For this position, alongside means the ship is moored to a fixed structure, for example a pontoon, jetty, quayside, floating dock, or harbour wall. |
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At anchor |
At anchor means the ship is floating in a particular place and is prevented from moving by its anchor. |
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Company |
For Part A of the ISM Code, company means the owner of the ship, or any other organisation or person such as the manager or bareboat charterer, who has assumed responsibility for operation of the ship from the shipowner and who, on assuming that responsibility, has agreed to take over all duties and responsibility imposed by the Code. |
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Crew |
Crew means the persons employed or engaged in any capacity on board a ship, except the master, a pilot, or a person temporarily employed on the ship while it is in port. |
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Idle |
For this position, idle means the ship is not underway and is not conducting cargo operations or other operational activities, but is fully operational and can be put back into service without non-routine preparations. An idle ship may be at anchorage or alongside at a normal berth. This term can describe a ship that is temporarily not in commercial service, with no additional planned maintenance or preservation in place. |
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ISM Code or International Safety Management Code |
ISM Code or International Safety Management Code means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization by resolution A.741(18), as amended from time to time. |
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Lay-up |
For this position, a ship is in lay-up, or laid up, when it is temporarily taken out of service and is not idle. |
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Moored |
Moored means a ship has been made fast by attaching it with cable or rope to the shore, or to an anchor. |
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MSCD |
MSCD means a minimum safe crewing document issued under Maritime Rules Part 31 (rule 31.22). |
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SOLAS Convention |
SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, as amended. |
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STCW |
STCW means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers. |
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Underway |
Underway means the ship is not at anchor, made fast to the shore, or aground. |