Resources

Codes & Guidelines

This section contains key Codes, Guidelines and information for all people working in the New Zealand screen production industry, both domestic and international.  These are recommended standards based on industry best practices. 

If you have any concerns regarding implementing these Codes and / or Guidelines in your production don't hesitate to get in touch with us.

View further information on the following screen industry codes and guidelines:

 

SCREEN INDUSTRY WORKERS ACT 2022

The Screen Industry Workers Act 2022 (SIWA) came into legal force and effect at the end of December 2022. What does that mean for producers?

Producers must ensure all Individual contracts have the following MANDATORY terms:

  • A term saying parties will comply with the Health and Safety at Work Act and Human Rights Act
  • Bullying, discrimination, and harassment processes (template policy available here)
  • Dispute resolution processes
  • Termination notice periods and payments

All Indivdual Contracts must also abide by the following six RULES:

  • Duty of good faith applies between workers and their engagers
  • Individual contracts must be in writing
  • Engagers must follow process rules for making and varying individual contracts
  • Individual contracts must contain mandatory terms (existing contracts had until the end of December 2023 to comply)
  • Terms must not be worse than any applicable collective contract (once it has been negotiated)
  • Engagers can’t cancel contracts in retaliation for workers exercising their rights

More details on SIWA and the obliations for Producers HERE

 

ENGAGEMENT OF CAST
Spada/Equity Individual Performance Agreement (the "Agreement")

The Agreement has been amended (Clause 4.1.13 and Clause 12) to reflect the SIWA mandatory terms relating to bullying, discrimination, and harassment processes. More information on the SIWA can be found here.


USE OF THE AGREEMENT
- The Agreement is for use on New Zealand-based and funded feature films and television drama productions. 
- The Agreement is NOT for use on short films. 

The Agreement comprises Key terms and the Standard Terms and Conditions READ ONLY version HERE, and the Back End agreement: READ ONLY version HERE.

Issuing the Agreement / Licence Agreement
Before the Agreement can be issued PLEASE FILL OUT THE Spada-Licence-Agreement and return it to the Spada Office (office@spada.co.nz or sandy@spada.co.nz).

An administration fee based on the total production budget is applicable. Note: the fee is waived for Spada members or first-time producers with production budgets under $250,000).

The administration fees are as follows:

(a)   $500 - for productions up to NZD1million
(b)   $1,000 - for productions between NZD1m-NZD3million
(c)   $1,500 - for productions above NZD3million
       (*+ GST) 

 

ENGAGEMENT OF CREW
2023 BLUE BOOK

Produced by SIGANZ in association with Spada and the NZAPG, the Blue Book provides a reference document of best-practice processes for the engagement of freelance crew members in the New Zealand screen production industry.  The Blue Book represents industry guidelines.  Its provisions outline legal responsibilities and suggested best practices.  Production companies and crew members are free to negotiate different arrangements, within the law, if some provisions do not meet the needs of either party.  Nevertheless, the Blue Book outlines many generally accepted ways of working in a manner that is intended to provide useful, mature information in a context that explains why various processes are needed.

** Digital copies of the 2023 Blue Book are available free via SIGANZ website. You will be required to enter your name and email address before being redirected to a page where you can download a PDF of the Blue Book 2023.

 

Background / Bryson Decision
Spada, with the assistance of Minter Ellison Rudd Watts, has prepared a document on the Bryson Supreme Court decision, summarizing what the Supreme Court did and did not say, followed by a list of relevant tests that can be applied to determine the status of workers as employees or contractors.

 

HEALTH & SAFETY GUIDELINES & TEMPLATES

SCREENSAFE: HEALTH & SAFETY RESOURCES
ScreenSafe was established in July 2015 to support and promote Health and Safety in the New Zealand Screen Sector. Its initial focus was to update the existing Code of Practice to create a set of NZ Screen Sector Health & Safety Guidelines and to interpret the Health and Safety at Work Act 2015 which came into effect from 4th April 2016.  An initiative of The Screen Industry Guild, ScreenSafe is an industry-wide collaborative effort with backing from the NZFC, NZ On Air, and Spada (who is also part of ScreenSafe's Working Group) along with other guilds, industry bodies, and regional film offices.

Safety on-set is everyone's responsibility, and it is essential that Producers and Productions have the necessary Health & Safety documentation and processes in place at every stage.

HEALTH AND SAFETY GUIDELINES, TEMPLATES & TRAINING
The ScreenSafe Health & Safety Guidelines and Templates can be viewed by project stages e.g. Development or Post-Production, or by area of interest e.g. Armoury of Child Safety. 
> View all Health & Safety Guidelines HERE

> View all Health & Safety Templates HERE

> View Health & Safety Training HERE

 

LETTERS OF NON OBJECTION (LONOS)

Spada assesses and administers Letters of Non-Objection (LONOs) for producers/executive producers as part of the supporting documentation provided to Immigration NZ when applying for an Entertainers Work Visa. 

To download the application form for a Letter of Non-Objection, click this link. 

If you require additional information about LONOs, please contact us either by email at office@spada.co.nz or by calling (04) 939 6934.

 

NEW ZEALAND SCREEN PRODUCTION REBATE FOR NZ PRODUCTIONS (NZSPR)

The NZSP Rebate is a key incentive for NZ producers and production companies.  Eligible productions can access a cash rebate equivalent to 40% of Qualifying New Zealand Production Expenditure (QNZPE).

The purpose of the Rebate is twofold:

  • To build the sustainability, scale, and critical mass of the domestic film industry and support the development of New Zealand creatives.
  • To provide cultural benefits to New Zealand by supporting the creation of New Zealand content and stories.

Income earned by producers from successful productions helps create sustainable New Zealand screen production businesses. All New Zealand Rebate applicants must have an equity share in the production, for both recoupment and net profit, that is commensurate with the expected value of the NZSPR. The equity position of the applicant must be similar to that of other equity investors in the production. 

Productions must also have significant New Zealand content as determined by a points test of the Criteria. Productions certified as Official Co-productions are deemed to have significant New Zealand content for the NZSPR (except those applying for the Additional Grant) and do not need to meet this points test.

The New Zealand Film Commission administers the NZSP Rebate. Further information regarding the NZSPR for NZ Productions criteria and guidelines can be found here. 

Details of the New Zealand Screen Production Rebate for International Productions can be found here.

 

NGAI TAHI FILM GUIDE

Guidelines for screen production companies seeking to film on lands of importance to Ngai Tahu, which includes land administered by the Department Of Conservation, have been drawn up by Ngai Tahu and Spada.  The guidelines point out intellectual property and location issues that may be of concern to the Iwi so that production companies can either avoid problems or plan a mitigation strategy.  The guidelines include advice and assistance which will help with the necessary consultation process with local tribal councils. Guidelines are available here.

 

CODE OF PRACTICE FILMING ON PUBLIC CONSERVATION LANDS 2005

New Zealand has thirteen national parks and more than five million hectares (approximately a third of New Zealand's landmass) protected as parks and reserves. This land, with its unique vegetation and stunning vistas, is recognised worldwide.  DOC is the guardian of New Zealand's conservation estate and administers its national parks. If you want to film in an area managed by Department of Conservation (DOC) you need to apply for a concession - more information can be found here

Code of Practice for Filming on Public Conservation Lands
This code was developed by Film New Zealand and Department of Conservation for the benefit of the screen production sector. Download here.

 

 CODE OF PRACTICE FOR ANIMAL WELFARE

This voluntary Code of Practice sets out recommended standards based on industry best practice that aims to ensure the welfare of animals used in screen productions. All people working in the screen production industry, who from time to time may come into contact with animals should be familiar with this Code.