Flavell Te Ururoa: Employment Relations (Film Production Work) Amendment Bill — First Reading Second Reading In Committee 
Flavell Te Ururoa: Employment Relations (Film Production Work) Amendment Bill — First Reading Second Reading In Committee 
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TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Deputy Speaker. Kia ora tatou katoa e hoa ma i roto i te Whare I tenei ahiahi. Clearly the issue at hand has fascinated everybody outside the House before today and today. The debate captures our imagination and fascination. Putting aside the celebrity aspects associated with the profile of actors and film makers in the public psyche it has had the ability to touch on a huge range of issues of high importance to our national reputation. The issue that has resulted in the Employment Relations (Film Production Work) Amendment Bill a tiny 3-page bill has the potential to have massive impacts upon the tourism industry film production the entertainment sector industrial relations our international status foreign investment workers’ rights and the fate of our own domestic economy. That has been the general tenor of the discussion up until this point in time. It is also an issue that has compelled New Zealanders to take action: to take to the streets for goodness’ sake; to flood email addresses with a heap of traffic; and to lobby the Government to listen to them. 
Maori like other people are represented at every level of the film production industry. An increasing number of Maori are working in the film production industry especially as actors and stunt crew. This bill specifies the range of occupations that it encompasses. To cut to the chase what is the bill all about? Some members have alluded to this but I remind those who are listening to this debate that the bill amends section 6 of the Employment Relations Act 2000 which relates to the meaning of the word “employee”. As a result of this legislation the meaning of “employee” will now specifically exclude “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” and also will exclude “a person engaged in film production work or in any other capacity.” 
As an indication of just how widespread the impacts of this legislation will be I say that even within our own very small team here in Parliament we have amongst our numbers people who have worked in the film industry. I will leave it up to members’ imaginations as to whether that was in performing stunts or in the art of acting. Be that as it may some might say that amongst the current cast of MPs we also have those who have had their fair share of time in front of the camera. Some have been elevated to a national audience by  
University Challenge 
 and others have been in  
Dancing with the Stars 
 or have hosted  
Asia Downunder 
 
to name a few programmes. So the experience of being in front of a camera is not new both within the realms of the House right now and within the parliamentary complex. 
The bill provides incentives for film production to be carried out in New Zealand not only by foreign production companies but by local production companies as well. From our perspective that is great news for Maori film makers and it is great news for the broader workforce engaged in film production. In saying that we acknowledge that all of the people who are pursuing careers in the film industry must be made aware of the importance of securing satisfactory employment agreements with the production companies that they may work for as the Employment Relations Act will no longer cover them. 
I will also touch on some of our concerns that have emerged about workers’ rights under this bill. For those who have worked in the film industry it would seem that the procedures in place provide for a certain degree of rangatiratanga on the part of the individual when engaging in film work. I use the word “rangatiratanga” deliberately because I think that one of the opportunities that can arise in situations like this is that it places incentives on the need to encourage whanau to be pretty much self-reliant and to show their economic leadership. According to those in the know contracts are negotiated between cast and crew members and production companies. The nature of the contract is wholly dependent on the diligence of the individual or group that negotiates it. This is not so much a case of survival of the fittest as one that points to the significance of the collective will in negotiations. It is also evident in the recent comments from New Zealand Actors Equity that it will take steps to ensure that its members sign appropriate employment agreements with film production companies. 
As we have watched this issue unfold it has been obvious that the film production family in New Zealand is a very tight-knit community albeit very small. Those involved in the industry have told us that major issues that arise on sets tend to spread throughout the entire industry grapevine. Perhaps that is why this issue has generated such intense interest because future career prospects and economic opportunities have seemed to be very vulnerable to the personalities and politics involved. But we cannot get away from the fact that an amazing opportunity for film making is now right on our doorstep which as others have said 24 hours ago did not look in any way shape or form to be likely. 
I will share a comment from my colleague Mr Hone Harawira about the enthusiasm that he has gained from talking to people like Lawrence Makoare and others in the film industry—Maori that is—about the amount of work that they got throughout the making of the  
Lord of the Rings  
trilogy and about how just being part of that project changed their lives. According to Hone it gave them a vision of what else they could be and it provided them with a place in history. One just cannot beat that kind of experience and that kind of exposure to things that those people might otherwise never have got involved with had those films not been made in Aotearoa over the last few years. 
On that note I will share another breaking-news moment in the history of Parliament. It is from an email we received earlier today from Hone which I will read for the record. It states: “Congratulations to John Key for pulling off this deal.” 
But of course it is just not a matter of breaking news box-office sales or multimillion-dollar investments that we are talking about in this bill. We have some concerns about the vexed issues of precedent or of anomalies that have not been worked through. As a case in point I wonder whether the Government would jump as rapidly through hoops to bring in pay parity for employees of Maori and iwi health providers. That is an ongoing policy concern that is almost certainly in the national interest to resolve. We have Maori nurses and health workers in the non-governmental organisation sector who are being paid 25 percent less than those who work in the public sector. They do not go on strike because of their total commitment to the people whom they serve. 
In October 2004 20000 New Zealand Nurses Organisation members in the district health boards won a benchmark fair pay settlement which closed the pay gap between nurses midwives and health care assistants employed by district health board and professionals who work in other roles requiring similar skills experience and qualifications such as teachers and the police. That was good news for those who work for district health boards. However the settlement left New Zealand Nurses Organisation members in the primary health sector significantly lagging behind. Although the pay gap has now almost closed for most of the primary health workforce the pay parity gap for Maori and iwi primary health providers—at least in the workforce—is now about 25 percent. It is not as though the solution to that issue would take a task force or an urgent ministerial inquiry to resolve; it is pretty straightforward. Pay parity would mean better health and well-being for our communities and for all New Zealanders. The policy problem is that those of our people who work for Maori and iwi health providers have the skills qualifications and experience that are essential to improve health outcomes for Maori yet they receive far lower salaries than their equivalents who work for district health boards. 
It will be a great day when the health and well-being of Maori are accorded urgency and the needs of Maori health workers are elevated to the level of being a national priority. That this issue has— 
Mr DEPUTY SPEAKER 
: I have indicated to the member twice that his comments should be relevant to the bill. This is not a bill about health issues; it is about employment. 
TE URUROA FLAVELL 
: I am closing anyway but I was making the point that issues around pay are relevant to issues of employment. So I say that— 
Hon Darren Hughes 
: That’s the feature of an embarrassed party because this— 
TE URUROA FLAVELL 
: Thank you very much Mr Hughes. I was making the point that it would be great if the needs of health workers were elevated to the same level of national priority as the interests of those working on the two movies related to  
The Hobbit.  
Nevertheless we do not want to close off the opportunities for New Zealand to benefit from the immediate opportunities in the film production industry and to that end the Maori Party will support this bill.