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Employment Relations (Film Production Work) Amendment Bill (Consistent) [2010] NZBORARp 79 (28 October 2010)

Last Updated: 11 May 2020

Employment Relations (Film Production Work) Amendment

Bill

28 October 2010

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EMPLOYMENT RELATIONS (FILM PRODUCTION WORK) AMENDMENT BILL

1. We have considered whether the Employment Relations (Film Production Work) Amendment Bill (PCO 14860/2.0) (the “Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that the Bill is likely to be introduced to the House of Representatives today. We only received the Bill yesterday, and as such this advice has been drafted as a matter of urgency. We also understand that the Bill is likely to be subject to further minor amendments before it

is introduced to the House. We will provide you with further advice should this prove

necessary.

2. The Bill seeks to amend the Employment Relations Act 2000 to clarify the meaning of employee as it applies to persons engaged in film production work. Clause 4 of the Bill amends s 6 of the Act to provide that the meaning of employee excludes a

person engaged in film production work as an actor, voice-over actor, stand-in, body double, stunt performer, extra, singer, musician, dancer or entertainer, or in any other capacity.

3. New s 6(1A) provides that this exclusion does not apply if a person has entered, or is covered by, an employment agreement which provides that the person is an employee.

4. The meaning of film production work excludes work performed or services provided in respect of the production of any programme intended initially for broadcast on television.

5. We have concluded that the Bill appears to be consistent with the rights and

freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the

Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Employment Relations (Film Production Work) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether

the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.