From: Jennifer Ward-Lealand, President, NZ Actors Equity

Response to Wingnut Films Statement 30 September 2010

Sir Peter’s latest public comments are yet further evidence, of the urgent need for a calm meeting between the production company and NZ Equity to resolve the matters at hand.

I feel very disappointed that Sir Peter has chosen to use a private, confidential correspondence between us in the public arena.

Just as in our meeting in Auckland on Tuesday, last night’s meeting with Wellington actors was intended to consult with local performers, and canvas their support to formally negotiate reasonable terms and conditions with the producers.

We considered that Sir Peter’s suggestion of having a production company representative present their views at the meeting was premature, and unfair for our Union members, especially as it was such late notice, and the same opportunity had not been afforded to Auckland members on Tuesday.

As it happened, a performer at the meeting, who was not a member of the union, was given the opportunity during the event to read a six-page letter from Sir Peter. 

Notwithstanding Sir Peter’s views, the majority (70%) of the performers at the meeting voted in favour of NZ Actor’s Equity meeting face-to-face with Sir Peter and/or the production company to resolve the issues as soon as possible.

I believe we now have a strong mandate from NZ performers to represent their interests with the producers of the Hobbit. 

As we have previously said, we have no desire to jeopardise the production, create instability, or see it move offshore.

Our members are simply seeking fair and equitable employment terms for New Zealand actors, in line with the terms and conditions that their colleagues elsewhere in the world enjoy.

I can assure the producers that our requirements are entirely reasonable. Many have no cost implications for the production, and the overall impact of our demands is miniscule for a production of this size.

We continue to believe that a solution can be found by sitting down calmly with the producers, and talking through the issues. With goodwill on all sides we are confident this issue can be resolved quickly in the best interests ofNew Zealand and local performers.

END

MEDIA RELEASE: 1 October 2010

Claims by Sir Peter Jackson that NZ Actors’ Equity is threatening the viability of The Hobbit in New Zealand are entirely within his hands to address, says President Jennifer Ward-Lealand.

“The Union is simply seeking an opportunity to sit down calmly with the producers to find a suitable solution,” she says.

“Advice we have received today from Miriam Dean QC, a senior barrister specialising in competition law, confirms our views that: 

• “There’s no legal impediment to negotiating fair wages and terms for actors taken on as employees.
• “Nothing in the Act prohibits us from having some meaningful engagement with the producers on non-price terms for actors taken on as independent contractors, such as rolling credits to acknowledge New Zealand actors' input into the movie.
• "Nor does the Act prohibit us from discussing pricing in general terms with the producers to enable us to help our independent contractor members in their individual negotiations with producers.  The Union accepts that these could only be recommended prices - nothing more.   

“Our members are simply seeking fair and equitable engagement terms for NZ actors, more in line with those that protect actors from Australia, the US or the UK who will be working on the production,” she says.

“I can assure the producers that our requirements are entirely reasonable. Many relate to basic conditions of engagement with no cost implications at all, and the overall impact of our demands is likely to be miniscule for a production of this scale.

“As we’ve been unable to secure a meeting with the production, Sir Peter does not yet have any idea of what we’re seeking.

“We urge him to meet with us as soon as possible to resolve this.

“With goodwill on both sides, we are confident the issue can be resolved quickly in the best interests of New Zealand and local performers.”

ENDS

NZ Actors’ Equity has reviewed a media statement from the Office of the Hon Christopher Finlayson released this evening.

This states that Crown Law has advised the Minister that The Hobbit's movie producers are prevented by the Commerce Act from entering into a union negotiated agreement with performers who are independent contractors.

The legal advice obtained by NZ Actors’ Equity from Mr James Craig, Partner, Simpson Grierson (a summary of which is attached) is that there are lawful means consistent with the provisions of the Commerce Act which can be used to move the issue forward. “We have advised NZ Actors’ Equity that with goodwill on all sides there are lawful ways in which this matter can be resolved. The Commerce Act need not be an impediment to resolving the situation.” said Mr Craig

“My knowledge of the producers is that they are people of goodwill. I am sure they would want to explore all lawful means by which these issues could be moved forward and resolved.” said NZ Actors’ Equity President Jennifer Ward-Lealand.

September 28, 2010

Jennifer Ward Lealand

President

New Zealand Actors Equity

195 Ponsonby Road

Ponsonby, Auckland

1011

New Zealand

Dear President Lealand:

On behalf of the 70,000 members of the American Federation of Television and Radio Artists (AFTRA, AFL-CIO), I am very pleased to pledge our support for New Zealand Actors Equity in your efforts to secure union protections for performers engaged to work on “The Hobbit.”

We commend your courage in the face of tremendous resistance from the studios and employers who refuse to extend the basic benefits of a union contract to performers working in New Zealand. It is unjust and unfair, and we will stand beside you in your struggle against this injustice.

We promise that no matter where employers may threaten to move production of “The Hobbit” to avoid signing a union contract for performers, we will follow them. Union standards and protections should not, and must not, be limited by borders or geography. The leadership of AFTRA believes that union standards are basic human rights, so we are very proud to join with you, and our brothers and sisters in the international House of Labor, in this important endeavor.

In solidarity,

Roberta Reardon

National President, AFTRA

Vice President, AFL-CIO

Equity_Hobbit.pdf 

Penny Ashton and Chris Trotter discuss 'The Hobbit' on 'The Panel' here...