Steven Price

My book

Media Minefield


Guide to NZ Media Law

Official Information Act

Official Information Act


Bill of Rights Act

Media law resources

Feeds (RSS)


« | Main | »

Key questions

By Steven | October 28, 2010

I’m no expert on employment law. I claim no insider knowledge on the Hobbit fiasco. But there are some obvious questions that I haven’t seen anyone in the media ask:

1. John Key says he’s going to pass law “clarifying” the difference between employees and contractors, at least in connection with the film industry. What exactly is it that needs clarifying? What is he going to clarify that wasn’t clarified by the Supreme Court in the 2005 Bryson case?

2. Doesn’t he actually mean “change” the law? If so, how? If not, why bother passing new law?

3. In fact, doesn’t he really mean: “make it harder for people on independent contracts to argue that they’re actually employees, even if they’re being treated as employees”? If so, what’s the justification for this?

4. In particular, since it seems that all the actors are happy being on independent contracts, and as far as I know none has ever challenged such a contract, or is likely to, then isn’t this change actually only going to affect the techies and the crew? In which case, is this about the threatened strike at all?

5. How is it going to be achieved? Will the government simply introduce a rule that if the parties describe their arrangement as a contract for services, that will be the end of the story? That is, the courts will not be able to look behind the contract to see if in practice it’s really an employment relationship, even if the studio exercises close control over the worker during an extended period of time, provides workplace and equipment, and integrates the worker into the fabric of the workplace? Or will the government instead be setting a higher threshold before independent contractors can show that they’re really employees? If that threshold is expressed in terms of a general test, or series of factors, how will this provide any greater “clarity” than we had before?

6. If it’s justified to change these rules for the film industry, why isn’t it justified to change them for everyone else? And if it’s not justified to change them for everyone else, why is it justified to change them for those in the film industry?

7. And why do this under urgency, in one day? Legislation can still be passed quickly without doing it this quickly. Isn’t there a danger that it will be rushed and botched? Isn’t it undemocratic to rush it through without at least allowing some degree of input from the public and interested parties through the Parliamentary process? Did Key promise Warners to pass it this way?

Topics: Media ethics | 45 Comments »

45 Responses to “Key questions”

  1. James W Says:
    October 28th, 2010 at 1:40 pm

    The media could ask those questions. Or it could just trawl Facebook fan pages and reckon the public endorse this deal to keep the Hobbit in NZ:

    http://www.nzherald.co.nz/entertainment/news/article.cfm?c_id=1501119&objectid=10683644

  2. Graeme Edgeler Says:
    October 28th, 2010 at 2:15 pm

    Vernon Small’s First Reading column in today’s DomPost addresses some of these

  3. Steven Says:
    October 28th, 2010 at 2:26 pm

    Here’s Vernon’s column. I’m not sure it gets far with many of the questions I raised.
    http://www.stuff.co.nz/dominion-post/news/politics/4281126/Its-not-all-the-film-unions-fault-but-they-picked-the-wrong-fight

  4. Graeme Edgeler Says:
    October 28th, 2010 at 6:25 pm

    I was thinking of these comments:

    Sure, the film’s makers would have been appalled by the possibility that stars such as Sir Ian McKellen could pull the plug. And can it be true that unionists arguing for a better deal pointed to the James Bryson case – in which the Supreme Court found someone called a contractor was really an employee – with a flippant but threatening “perhaps we are all employees then”? If they did, that would have been red rag to a raging bull.

    But even a cursory reading of that case would indicate the threat was hollow. The court ruled on the facts alone, and found model-maker Bryson’s case and contract were not typical of industry practice.
    Ad Feedback

    Nevertheless, the Government’s offer to clarify the law, and unions’ blanket assurance of a dispute-free journey for The Hobbit, ought to have been enough – were it not for Warner Bros’ warlike stance that it no longer puts much store by union promises.

    Of course, taken at face value, that should be the end of the road. Dead hobbit. There and back. So why did the studio continue to contemplate filming here? Oh, that’s right, because all its disquiet about union disruption could be forgotten if it could wring a few extra millions out of the taxpayer.

  5. The changes to employment law « The Standard Says:
    October 28th, 2010 at 8:51 pm

    […] it looks like Andrew Geddis and Steven Price are asking the same […]

  6. Canada gambling 2020 Says:
    May 19th, 2020 at 5:48 am

    … [Trackback]

    […] Find More here to that Topic: medialawjournal.co.nz/?p=397 […]

  7. Lawyer in miami florida Says:
    May 21st, 2020 at 10:29 am

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=397 […]

  8. Medium Mireille Says:
    June 4th, 2020 at 12:09 pm

    … [Trackback]

    […] Read More here to that Topic: medialawjournal.co.nz/?p=397 […]

  9. guaranteed ppc Says:
    June 25th, 2020 at 2:53 am

    … [Trackback]

    […] Find More Info here on that Topic: medialawjournal.co.nz/?p=397 […]

  10. fake diamond rolex watch Says:
    July 22nd, 2020 at 12:11 am

    … [Trackback]

    […] Info on that Topic: medialawjournal.co.nz/?p=397 […]

  11. Ielts general reading practice test Says:
    August 1st, 2020 at 7:24 pm

    … [Trackback]

    […] Read More on that Topic: medialawjournal.co.nz/?p=397 […]

  12. pedigree english bulldog for sale Says:
    August 1st, 2020 at 8:39 pm

    … [Trackback]

    […] Read More here to that Topic: medialawjournal.co.nz/?p=397 […]

  13. result sgp Says:
    August 6th, 2020 at 9:51 am

    … [Trackback]

    […] There you can find 38019 additional Info on that Topic: medialawjournal.co.nz/?p=397 […]

  14. http://www.wein-grandinger.de Says:
    August 15th, 2020 at 2:00 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=397 […]

  15. Marc CEO Apartment Corp Says:
    August 17th, 2020 at 2:56 pm

    … [Trackback]

    […] Find More on that Topic: medialawjournal.co.nz/?p=397 […]

  16. Glock 45 Says:
    August 24th, 2020 at 6:44 am

    … [Trackback]

    […] There you can find 74695 additional Info to that Topic: medialawjournal.co.nz/?p=397 […]

  17. Birthday cake weed Says:
    August 31st, 2020 at 3:11 pm

    … [Trackback]

    […] Find More to that Topic: medialawjournal.co.nz/?p=397 […]

  18. replica fastrack watches Says:
    August 31st, 2020 at 8:56 pm

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=397 […]

  19. human hair wigs Says:
    September 1st, 2020 at 11:54 pm

    … [Trackback]

    […] Find More here on that Topic: medialawjournal.co.nz/?p=397 […]

  20. tu sac online Says:
    September 6th, 2020 at 6:28 pm

    … [Trackback]

    […] Find More on that Topic: medialawjournal.co.nz/?p=397 […]

  21. order THC concentrates online Says:
    September 24th, 2020 at 4:23 am

    … [Trackback]

    […] Read More Information here to that Topic: medialawjournal.co.nz/?p=397 […]

  22. buy ibogaine powder plant root back online for sale near me in USA Canada UK Australia overnight delivery cheap Says:
    September 24th, 2020 at 12:24 pm

    … [Trackback]

    […] Read More on to that Topic: medialawjournal.co.nz/?p=397 […]

  23. bitcoin evolution Says:
    October 2nd, 2020 at 5:55 am

    … [Trackback]

    […] Read More to that Topic: medialawjournal.co.nz/?p=397 […]

  24. VR80 Says:
    November 5th, 2020 at 4:59 am

    … [Trackback]

    […] Read More Information here on that Topic: medialawjournal.co.nz/?p=397 […]

  25. cây phong thủy trong phòng làm việc Says:
    November 11th, 2020 at 12:42 pm

    … [Trackback]

    […] Here you can find 3936 more Info to that Topic: medialawjournal.co.nz/?p=397 […]

  26. con số may mắn của ma kết Says:
    November 11th, 2020 at 1:28 pm

    … [Trackback]

    […] Read More on on that Topic: medialawjournal.co.nz/?p=397 […]

  27. casino malaysia trusted Says:
    November 21st, 2020 at 5:19 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=397 […]

  28. mơ thấy ăn ổi Says:
    December 21st, 2020 at 2:25 pm

    … [Trackback]

    […] Find More Information here to that Topic: medialawjournal.co.nz/?p=397 […]

  29. mơ cãi nhau đánh con gì Says:
    December 21st, 2020 at 3:51 pm

    … [Trackback]

    […] Info on that Topic: medialawjournal.co.nz/?p=397 […]

  30. cornhole boards Says:
    December 31st, 2020 at 3:18 am

    … [Trackback]

    […] Find More Info here to that Topic: medialawjournal.co.nz/?p=397 […]

  31. flat chested sex doll for sale Says:
    February 10th, 2021 at 4:57 pm

    … [Trackback]

    […] Find More here on that Topic: medialawjournal.co.nz/?p=397 […]

  32. KIU Says:
    March 26th, 2021 at 6:08 pm

    … [Trackback]

    […] Find More to that Topic: medialawjournal.co.nz/?p=397 […]

  33. Predrag Timotić Says:
    April 21st, 2021 at 6:31 pm

    … [Trackback]

    […] Info to that Topic: medialawjournal.co.nz/?p=397 […]

  34. 리버홀덤 Says:
    May 16th, 2021 at 8:52 am

    … [Trackback]

    […] Find More Information here to that Topic: medialawjournal.co.nz/?p=397 […]

  35. Speed Paste Says:
    June 15th, 2021 at 3:03 am

    … [Trackback]

    […] There you will find 723 additional Information to that Topic: medialawjournal.co.nz/?p=397 […]

  36. exchange online fiyat Says:
    June 27th, 2021 at 9:30 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=397 […]

  37. lenovo sunucu teknik servis Says:
    June 28th, 2021 at 11:19 pm

    … [Trackback]

    […] Info on that Topic: medialawjournal.co.nz/?p=397 […]

  38. it danışmanlık ücretleri Says:
    July 3rd, 2021 at 4:27 pm

    … [Trackback]

    […] There you will find 74269 additional Info on that Topic: medialawjournal.co.nz/?p=397 […]

  39. popeye rolex replica Says:
    August 21st, 2021 at 9:22 pm

    … [Trackback]

    […] Information on that Topic: medialawjournal.co.nz/?p=397 […]

  40. https://www.redabahoum.com/wordpress-developer Says:
    September 28th, 2021 at 10:09 pm

    … [Trackback]

    […] There you can find 79359 additional Info to that Topic: medialawjournal.co.nz/?p=397 […]

  41. what compression socks for flying Says:
    October 9th, 2021 at 9:23 am

    … [Trackback]

    […] Read More on on that Topic: medialawjournal.co.nz/?p=397 […]

  42. Online casino Says:
    October 18th, 2021 at 4:21 am

    … [Trackback]

    […] Read More on to that Topic: medialawjournal.co.nz/?p=397 […]

  43. คาสิโนออนไลน์เว็บตรง Says:
    November 28th, 2021 at 12:33 pm

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=397 […]

  44. elangqq dominoqq Says:
    December 11th, 2021 at 1:38 am

    … [Trackback]

    […] Find More on on that Topic: medialawjournal.co.nz/?p=397 […]

  45. check over here Says:
    January 6th, 2022 at 11:52 pm

    … [Trackback]

    […] Read More here to that Topic: medialawjournal.co.nz/?p=397 […]

Comments

You must be logged in to post a comment.