All in a day's work: Imagine a world...

Lord of the Rings actors Sean Astin (l) and Elijah Wood.

I love going to the movies. Whether it's with my husband, with friends, or even on my own, I just enjoy the experience of sitting in a darkened movie theatre and, without leaving the comfort of my seat, being transported somewhere else for a while.

As we sit in a movie, the director and actors ask you to imagine another place; be it another city, another time, perhaps even another world. With a good movie you can. With a bad movie you find yourself checking your watch!

Some actors are now asking us to imagine a world where films may no longer be made in New Zealand. This may well be an inevitable consequence if, as the actors appear to be saying, they want to now work as employees (and under 'common conditions' including remuneration) not as independent contractors. Here I was thinking that the film industry was all about glitz and glamour. Oh no, apparently it is not.

This issue has arisen in the context of The Hobbit. A much anticipated film, 'precious' (deliberate pun!) to many New Zealanders. The Australian Media Entertainment Arts Alliance (AMEAA), which is not a registered union in New Zealand, is seeking to stir up changes to the fundamental basis on which actors are engaged to work on the Hobbit (and other films being made in New Zealand).

Specifically, the AMEAA has "recommended" the current terms of engagement be rejected, on the basis that it is a "non union" offer. However, this argument is seriously flawed. At the heart of the New Zealand film industry is the reality that most (if not all) actors are independent contractors not employees.

Actors bring their own unique skills and persona to the film set and that is what they are selected and paid for on an individual basis. The response from the producers to date is entirely predictable - the changes being bandied about by the Australian organisation would seriously jeopardise the future of film making in New Zealand and could make it simply unsustainable for The Hobbit (and other films) to be made here.

This is a huge concern. Given the amount of money invested in building New Zealand's reputation as a premier destination for filming high quality films, and the investment in the New Zealand economy by film companies when they film here, it would be a disaster for more than just those working in the film industry.

New Zealand's reputation as a tourist destination is undoubtedly enhanced by its promotion through films produced here.

From an employment law perspective, there are two key points. The first is a technical point, that there is no right to bargain collectively with independent contractors (and most people working in the film industry are independent contractors as opposed to employees, which we know first hand from Minter Ellison's involvement in the leading Supreme Court case on this issue Three Foot Six v Bryson).

The second issue is the benefit of communication and making sure that decisions (and public debate of the issues) are on a fully informed basis. Misinformation which is publicly disseminated can have unintended and disastrous consequences.

New Zealand's film industry is too precious to lose. The value of talking about the issues cannot, in my view, be underestimated. The actors say they have been trying to meet with the producers for a month.

However, the producers say they offered to meet the actors at their meeting held on Thursday 30 September 2010, but were banned from attending. There is a lot to be gained by a constructive discussion.

To borrow the phrase I read in another comment on this issue earlier in the week: if we want to get reel; we need to get real.