No. 23 - Repatriation of Seamen, 1926

Provisions

• This Convention applies to sea-going vessels (with specified exemptions) registered in any country that ratifies it.
• A seafarer who is landed during, or on expiry of, his term of engagement shall be repatriated to his or her own country or to the port of engagement or to the port at which the voyage commenced.
• A foreign seafarer engaged in a country other than his or her own is to be repatriated as provided by national law, or, if there is no such law, as in the articles of agreement.
• The costs of repatriation are to include transport charges, food and accommodation during the journey, and maintenance up to the time of departure.
• If the seafarer is discharged for reasons beyond the seafarer's control, for instance because of work accident or shipwreck, the seafarer is not to bear the costs of repatriation.
• If he or she is repatriated as a crew member, the seafarer must be paid for work performed during the voyage.

Administered by

Maritime New Zealand

• Maritime Transport Act 1994

However, administrative assistance for the care and repatriation of seafarers on New Zealand ships would be provided by the Ministry of Foreign Affairs and Trade.

How New Zealand implements it

• Section 22, of the Maritime Transport Act provides that an employer of seafarers on a New Zealand ship (other than a pleasure craft) going on an overseas voyage must arrange at the termination of the voyage for the seafarers' return to their own country or to the port where the voyage commenced, or any other mutually agreed place.
• The same obligation is placed on an employer under Section 22, of the Maritime Transport Act, where a seafarer is left behind as a result of:
  • injury sustained during employment;
  • shipwreck;
  • illness not due to wilful act or default of the seafarer;
  • discharge for any cause for which the seafarer cannot be held responsible.
• Where the employer fails to follow the course of action required by Section 22, of the Maritime Transport Act, and the seafarer pays the expenses for maintenance and return, the seafarer is entitled to claim them as wages owing.

This Convention is not applicable to Tokelau.

Ratified - 11 January 1980

Total ratifications - 46

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