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The following information is provided by Film New Zealand:
The New Zealand employment environment is governed by the Employment Relations Act. Information about the Act and what it means for employers can be found at the Employment Relations Service. Union membership is voluntary in New Zealand.
NEW ZEALAND CAST AND CREW EMPLOYMENT AND ENGAGEMENT
New Zealand crew are generally considered to be self-employed independent contractors.
If you are planning a long-term production in New Zealand you should seek professional advice.
ISSUES FOR OVERSEAS ACTORS AND CREW
Cast and crew employed by companies based off-shore should be aware of the following:
A non resident actor must pay tax in New Zealand on payments for all appearances in front of a camera in New Zealand. The withholding tax rate for actors is 20%.
- Exemptions from withholding tax
All crew, producers and directors are required to obtain an exemption from withholding tax from the IRD www.ird.govt.nz/industry-guidelines/screen-production/ if they are in New Zealand for less than 183 (in a 12 month period) days, unless they are from a country which has a double tax agreement with New Zealand.
All crew, producers and directors who are from countries (26 of them) which New Zealand has a double tax agreement with do not have to apply for an exemption from withholding tax if they are in New Zealand less than 62 days. However, must still apply for an exemption for between 62 days and 183 days.
NEW ZEALAND ACTORS' EMPLOYMENT
Following are the key terms and conditions for the employment of actors, which should provide a suitable guide when budgeting productions.
Please note that these are the key points only and are not legally approved contracts.
General Terms and Conditions
The following are the key principles in relation to the employment of actors. For a full copy of the Actors Equity Standard Performers Contract, please contact Actors Equity.
Working Hours
The maximum adult working day for cast is twelve hours, including two fifteen-minute morning and afternoon breaks, a forty-five minute lunch break and travel time. This working day needs to include the time taken to apply make-up or complex costumes, and travel time in excess of twenty-five kilometres from the location base, unless this is dealt with separately in the fees schedule. Travel days also need to be included.
Other points to note include:
- Overtime is paid at the rate of time-and-a-half for the first two hours worked in excess of a contracted eight or ten hour day.
- Overtime is paid at double time when the hours are in excess of ten hours for an eight-hour day contract, or for any time in excess of twelve hours.
- Overtime is paid at double time (two times the daily rate) on the sixth and seventh day of a five-day week, or the seventh day of a six-day week. Minimum call is a whole day.
- Overtime is paid at double time after return from a turnaround of less than ten hours, until the beginning of the next subsequent ten-hour break.
- A minimum break of ten hours must be given between the artist's wrap and the start of shooting next day. A minimum day off is thirty-four hours.
- The minimum paid call is one day for on-camera performance or half a day for rehearsal, post-sync and read through and two hours for wardrobe and non-performance calls.
- Where there is a five day working week, days off shall normally be scheduled consecutively. A day off will be scheduled after six consecutive working days.
Postponement Fees
Postponement fees are sixty-percent if less than twenty-four hours notice is given, and one-hundred percent if less than two hours notice is given. Cancellation fees are determined by negotiation.
If the actor is required to be available for work on a specified day, a fee of sixty-percent is payable if the actor is not called.
Nudity
Specific written prior consent of the artist must be obtained for any nude or semi-nude performance, or for the substitution of body doubles. The agent will be notified before any nude performing is required. Unless the artist has specifically consented, he or she may refuse to carry out any part of the performance involving their nudity.
With the exception of final rehearsal for camera and lighting, there will be no nude or semi-nude rehearsals. During the rehearsal or shooting of nude or semi-nude scenes, the set will be closed to all people except those having legitimate reason for being there. Observation by monitor or other means will be prohibited, except where it is necessary as part of the production process.
Stunts
Specific written consent of the artist must be obtained for any stunts. Please note there is a producer's liability under the New Zealand Health and Safety in Employment Act and stunts must conform with the relevant codes. Further information about the Act is available from the Occupational Health and Safety Service.
Complex Costumes and Make-up
The agent will be notified where costumes or make-up are heavy or otherwise uncomfortable. Extra breaks should be negotiated where this is the case.
Health and Safety Act Compliance
The producer has an obligation to provide dressing facilities compliant with the Health and Safety in Employment Act and of sufficient standard. Further information about the Act is available from the Occupational Health and Safety Service.
Dubbing
There is an obligation on the producer to give the artist first option for dubbing.
Artist Credit
The producer shall include a credit for the artist in the production and use all reasonable endeavours to ensure that distributors and exhibitors accord a like credit to the artist.
Insurance
The producer shall be responsible for public liability insurance for artists. Please see Film New Zealand's website for more information on Insurance.
Juveniles & Chaperones
Juveniles are classed as those under sixteen years of age and the maximum hours per day cannot be extended. These hours include rest breaks and travelling times. Up to and including eight year olds can work a maximum of six hours a day, nine to eleven year olds can work a maximum of eight hours and twelve to sixteen year olds can work ten hours.
Other points to note include:
- Juveniles must work no more than five consecutive days and no more than five days in a calendar week.
- They must have at least a twelve hour overnight break exclusive of travel time.
- Babies under twelve weeks of age must be cared for by a parent or parent's approved alternative and must not be exposed to harsh light, extreme temperatures, irritants including irritating or contaminated make-up, infections or excessive handling.
- A suitable, primary-duty chaperone is engaged at the producer's expense. Where five or more juveniles are working at any one time, two chaperones should be engaged. For more than ten, the number of chaperones is dependent on the age, roles, location and time of day.
- When travelling to and from work, the juvenile should be accompanied by the chaperone, or parentally-approved alternative.
- Filming must be scheduled so that juveniles are not exposed to scenes which are harmful or likely to cause distress.
- The producer shall provide age-appropriate rest and meal breaks and off-set facilities including recreation, rest facilities, accommodation and appropriate food.
- The Education Act means that actors between six and sixteen years must not be engaged in work in such a way that harms their education. For long-term contracts this means that adequate time and resources must be given to complete their studies.
NEW ZEALAND CREW EMPLOYMENT
Below are the key terms and conditions for the employment of crew which should provide a suitable guide when budgeting productions. Please note that these are the key points only and are not legally approved contracts.
General Terms and Conditions
The following matters should be covered in all contracts between producers and crew, whether the crew be independent contractors or employees. It should always be clearly stated in the contract which type of relationship is intended. If the contract is one of independent contractor, fees apply. If it is one for employment, wages apply.
If you require further information, please contact:
The Executive Officer
New Zealand Film and Video Technicians' Guild
Tel: (+64) 9 360 6032
Freephone: 0800 832 467
Fax: (+64) 9 360 6056
Email: info@nztecho.com
www.nztecho.com
The Screen Production and Development Association of New Zealand (SPADA) office can be contacted to provide advice and guidance to members on matters relating to employment of crew:
Crew Bookings
- Confirmed or Hold
A hold booking is an acknowledgment of the availability of a crew member for work on that date(s), and acknowledges the production company's intention to use that crew member.
Second and subsequent holds may be held by the crew member for other production companies, whilst awaiting confirmation or release of previous hold(s). Holds are sometimes referred to as 'Pencil Bookings', 'Pencils' or 'Weather Hold'. Holds are confirmed or released within twenty-four hours of request by the crew member.
- Date of Confirmation
If a producer is unable to confirm a booking, a reason will be given and expected date of confirmation advised.
- Postponement
Postponement generally only applies to long-term engagements. Other engagements are covered by cancellation provisions.
The producer may reschedule the date of principal photography up to thirty days prior to such date, but in such cases the date of principal photography shall not be advanced or postponed more than fourteen days from the original date set. In the event of the producer wishing to set a new date outside these parameters a new contract will be entered into by the parties.
Any postponement that a contractor is not available for automatically becomes a cancellation.
- Cancellation
Period of notice required for cancellation:
a) If a confirmed booking is cancelled with less than 48 hours notice, a cancellation fee equal to a full day's rate for each of the confirmed days will be incurred, up to a maximum of seven days.
b) If a confirmed booking is cancelled with more than 48 hours notice, a cancellation fee will be incurred, based on the following scale, and will apply to each of the confirmed days, up to a maximum of seven days:
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Amount of notice
3 days
4 days
5 days
6 days
7 days
8 days
9 days
10 days
11 days
12 days
13 days
14 days |
% of full day's rate
60
55
50
45
40
35
30
25
20
15
10
5 |
Provided that in either of the above no cancellation will be charged for days replaced by other confirmed days.
- Long-term Bookings
Cancellations in these circumstances should have regard to the length of booking and the amount of notice. Longer notice would tend to reduce the compensation payable, longer engagement would tend to increase it.
- Provisions for Variations
In the event of adverse weather, script change, unavailability or other factors, the contractor may be asked to stand-by for weather or other reasons and the half-day rate (60% of normal daily rate) will be charged for each stand-by day. If the contractor is not released from stand-by within five hours after call, a full days rate will be charged.
Hours
- The Working Day
This is timed from contractor's first call to contractor's wrap. The normal day is ten hours.
- The Week
This is usually five or six consecutive days.
- Extra Time
- Common practice: Time-and-a-half for the first two hours; followed by double-time thereafter.
- Unscheduled extra time: Agreement must be reached with the contractor before any unscheduled extra time may proceed.
- Follow-on bookings: Contractors should advise production company of following bookings involving early starts.
- Heavy Transport Drivers: (Trucks exceeding two-tons loaded). Most Grip, Gaffer and Generator vehicles are owner driven. The workday starts from truck departure point to return at the end of the working day. Under Heavy Transport Drivers Licence regulations a technician who also drives a truck can work no more than 14 hours. The 14 hours represents travel to location, on set work and return to point of embarkation. After 14 hours, a swing driver must be engaged.
- Turnaround
Sufficient break must be given between wrap and the next call. Ten hours break is usual.
Work within turnaround would normally be paid at double-time.
Work within the ten-hour turnaround shall only be with the agreement of the contractors and the production company.
- Day(s) Off
The contract should identify the day(s) off in each week. It is usual for days off to be consecutive. The minimum duration is 24 hours plus 10 hours turnaround.
- Night Shoot
Definition of night shoot hours: any working day that proceeds beyond 2400 or commences between 2400 and 0300.
Where any booking terminates with a night shoot, the hours worked after midnight will incur an additional surcharge of one hour (one tenth of the normal daily rate) for each hour worked. This is in addition to any other extra payment due.
When a night shoot is scheduled to proceed beyond 0300, crew are obliged not to accept other work either on the day of commencement, or on the day following the night shoot. (Note: when a production spans seven days or more, night shoot provisions can be covered by normal rostered day-off and turnaround practices).
- Broken Days
If a day is split into two or more separate shooting periods, any payment for the intervening time should be subject to special agreement.
- Meals
Meals and refreshments are normally provided by the production company.
A meal break of at least 45 minutes will be scheduled within five hours of commencement of the working day. If a shorter or delayed meal break is required, it shall only be by agreement between all crew and the production company.
When crew members have differing call times, then the meal break should be scheduled from the majority crew call, with special arrangements being made for early crew if required.
If an early call makes it unreasonable or impractical for the crew to provide their own breakfast, then this will be provided by the production company.
When a working day extends beyond 12 hours, a further meal break is to be automatically called within 7 hours of the scheduled completion of the first meal break unless all contractors agree to waive, the circumstances to be agreed by the crew and production company.
- Breaks
Some shoots have an afternoon break, but the industry works on the basis of continuously available refreshments.
Fees
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Daily
Fees are set daily, and a half-day fee is normally for a maximum of five hours and is calculated at 60% of the daily rate.
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Hourly
This will normally be calculated as one-tenth of the daily rate and may incur a surcharge as working on an hourly basis may preclude other work.
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Work on a Day-off
This is done by agreement with the contractor and normally at double time rate.
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Statutory Holidays
The following statutory holidays if worked are to be paid at double time rate:
New Year's Holiday - 2 January
Waitangi Day - 6 February
Good Friday - the Friday before Easter
Easter Sunday - usually late March or early April
Easter Monday - the Monday after Easter
Anzac Day - 25 April
Queen's Birthday - the Monday after first weekend in June
Labour Day - the last Monday in October
The following statutory holidays if worked are to be paid at triple time rate:
New Year's Day - 1 January
Christmas Day - 25 December
Boxing Day - 26 December
- Travel Time
Travel time is considered part of the working day except where local travel from home to the contractor's first call and from end of last call to home is less than an agreed distance. The common practice is 25km by road from the nearest Police Station.
Travel time from out of town accommodation to the contractor's first call and from end of last call to the accommodation may be negotiated. Special rates for extended travel may be negotiated eg where contractor is driving/a passenger/relocating. This is usually paid from the time of the contractor's first call to completion of travel.
- Travel Expenses
The cost of travel from first call is at the production company's expense. The production company should also:
Organise pre-paid air tickets.
Book rental vehicles.
Arrange payment for use of contractor's vehicle.
Other agreed expenses to be reimbursed by production company.
- Accommodation and Per Diems
The production company is to provide for suitable accommodation and meals. This includes single room accommodation unless otherwise agreed. The production company is to provide for all meals and cover laundry costs when crew are required to work away from their town of normal residence.
Per diems at an agreed rate may be paid in lieu of all or some of the above.
- Protective Clothing/Safety Equipment
For more information, please contact the New Zealand Film and Video Technicians' Guild.
- Special Equipment
For more information, please contact the New Zealand Film and Video Technicians' Guild.
© Film New Zealand (www.filmnz.com)
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