Update on Hobbit, Cancellation of Auckland Meeting

UPDATE ON “The Hobbit” SITUATION AND CANCELLATION OF MEMBERS MEETING TONIGHT IN AUCKLAND

Thursday, 21 October 2010

This newsletter to members of NZ Actors' Equity provides a summary of our ongoing campaign to improve terms and conditions of performers in the industry.

Background

Equity has been working to improve performers’ terms and conditions in the screen industry for some time now. We have tried a number of avenues, including: approaches to SPADA (Screen Producers' and Development Association) to negotiate a standard industry agreement; seeking to negotiate directly on individual projects with production companies (e.g. Outrageous Fortune); and harnessing our relationships with international fellow unions to elevate conditions for all New Zealand performers (e.g. The Hobbit).

For a number of reasons some of these approaches have not delivered our goals. Our experience shows that the existing guidelines for the engagement of performers in the screen industry (“The Pink Book”) are rarely complied with in their entirety, and performers have been unable to insist on such compliance. Individual approaches to productions have also been problematic, and can only work when performers on the production have sufficient leverage. Our attempts to date have met with fierce resistance from production companies and made the legitimate desire of performers to negotiate together a high-risk strategy.

As you know, recently we embarked on a campaign alongside our fellow performers' unions throughout the world to improve the terms and conditions on The Hobbit. This campaign has been public, and at times heated. The production company has responded by challenging the mandate of Equity, threatening the security of jobs in NZ, suggesting our union was acting unlawfully, and all along refusing to meet.

Regardless of this, Equity members have remained committed to their union and other performers have backed their stance (membership has significantly increased in the last three weeks). As you know, with the help of the teachers’ union (NZEI) many of you were phoned over the course of the campaign and we were gratified that you conveyed your continuing support. We have also been heartened by messages of encouragement we have received from around the world.

This campaign has galvinised performers. It has created a momentum to recognize the legitimate concerns of performers in New Zealand. Some of the options discussed recently with SPADA for a new approach that will deliver on our goals include:

• Standard industry terms and conditions agreed with SPADA, recognising the various types of productions (scale, budget etc) in our screen production industry, and honoured by all producers.

• A process for regular review, including the consideration of any developing issues, and a process to cement the commitment of the industry to ensure the agreed outcomes are honoured.

Discussions on the possible content and form of the standard agreement will begin soon and finish by the end of March 2011. As a sign of good faith, in the interim, productions that comply with the current Pink Book, , will not be the subject of individual requests or legal or industrial action from Equity.

There will be challenges in reaching agreement on both content and form for the new standards. We want assurances that regardless of the finally agreed form of the agreement, it is complied with and that this compliance is promoted by producers. Producers will want to ensure that the standards, including the form of the agreement, allow them to make the productions they want. We are committed to working in good faith to develop a document that works for everyone, is fair, is durable and meets our goal of improving terms and conditions.

And what about The Hobbit?

For a variety of reasons the board of NZ Equity decided in a telephone conference over the weekend to recommend that overseas performer unions remove any form of advice to their members not to work on The Hobbit.

This resolution was conveyed to Warner Bros via the Screen Actors Guild. At the request of parties in the USA this decision was not made public. It had been hoped an agreed media strategy could occur.

NZ Equity, at the time, provided a copy of the release it proposed to make to the media. This was provided via Warner Bros to the production and at the production’s request the union yesterday agreed to change the language the union had proposed to include in the release.

NZ Equity had agreed not to release the information to the public until all parties were ready to do so.

However, in light of last night’s developments in Wellington, we thought it prudent that this information be made known as a matter of urgency.

In light of the information above known to the production we cannot understand the motives of those behind the rally which caused a peaceful meeting of performers to discuss their working conditions to be cancelled.

The contract under which performers will be engaged on The Hobbit will include residuals for all performers. We have been unsuccessful in getting Three Foot Seven to meet and negotiate with us. However, we are heartened by the new sense of opportunity to rebuild our relationship with SPADA, and our joint commitment to agree on arrangements for the industry, including on international productions..

Where to now?

Over the next couple of weeks Equity will be consulting with members on what you want to see discussed in the negotiations for the new standards. You have also been sent a link to the current Pink Book. Send comments/submissions to frances.walsh@actorsequity.org.nz.

In conclusion, thank you all for standing together, for standing tall, and for your ongoing efforts on behalf of all performers. I would particularly like to thank the Board and committee, which have provided the governance for this most recent campaign. We will continue to seek respect for all New Zealand performers.

PLEASE NOTE: As a result of what occurred in Wellington last night, and what we have been advised will occur in Auckland tonight, in the interests of the safety of all performers, Equity has cancelled its Auckland meeting for members tonight. We will be in touch with details of rescheduled meetings.

ENDS

© Scoop Media