LONO - What's That, Again?

The NZ Film & Video Technicians’ Guild processes around 1000 applications a year from production companies/producers seeking to bring international crew members to New Zealand for work. Questions about these applications are commonly presented to the Guild. It is an issue of which all crew should be aware. Here our current EO (Executive Officer) Fritha Stalker discusses the process and some of the issues surrounding applications for “Letters of Non-Objection”.

Well, it may not be literal for most of the country’s weather yet, but international shoots are definitely heating up. It’s clear that this is the case when my days become increasingly filled with Letter of Non-Objection (L.O.N.O. or LNO) assessments and their associated administration. The wider industry could definitely benefit from knowing a little more about this process, so I hope you read on!

So, what is a LONO, and how are the assessments made?

Well, it’s one of those circular questions – What comes first, the letter or the immigration process? I’ve jumped in with an important clarification, so we’ll go from there...

Non-objection letters are included with applications made by crew intending to travel to and work in New Zealand. Crew apply to an Immigration New Zealand office or agent (such as a New Zealand Embassy, Consulate or High Commission) for appropriate travel documentation:

• **A work visa **is required – before travel commences – by any individual who intends to work once they reach New Zealand (NB: Many countries are “visa free” for visitors coming to NZ for the purpose of holidaymaking or for meetings in advance of doing business. Other countries require a visa to travel to NZ no matter what the purpose of their trip.)
• A work permit may be obtained by an individual once they reach the NZ border, providing they carry the correct visa and meet border criteria.

​

So, a work visa allows an individual to travel to New Zealand with the intention of working once they cross the border; while a work permit allows an individual to actually enter NZ and engage in work. This is often misunderstood. The LONO is submitted with the application for a work visa, and should be carried by the person traveling in order that a work permit may be issued upon their arrival. Traveling on any visa does not guarantee that a permit will be issued at the border; however, all else being well, this is what will occur.

Why does the Guild provide this assessment service?

If Immigration New Zealand officers/agents made the assessments without the assistance of the various Guilds they would be based on identical criteria. However, the process would likely take considerably longer. Not only does involvement via the Letter of Non-Objection allow the Guilds to have input into the process, but such involvement expedites the entire process. INZ officers/agents do not have a working knowledge of the screen production industry on which to base assessments. In order to satisfy themselves that local workers are not disadvantaged, agents/officers would have to make lengthy investigations and may require productions to advertise for local crew via Work & Income or local papers – avenues commonly used to recruit workers in other industries. This, and the general high load on INZ, would almost certainly make wait times lengthy and reduce the opportunity to respond when time frames are especially short, such as in the Television Commercial area. Furthermore, the working relationship which the Guilds have with INZ allows for an exchange of information regarding both the screen production Industry and the immigration process that mutually benefits each – by way of education, discussion, and response to changes in either arena.

Doesn’t the Guild make loads of money on these Letters of Non-Objection?

No. Immigration New Zealand allows the NZ Film and Video Technicians’ Guild to cover its administrative expenses by charging a fee for the applications. The current fee of $45- plus GST per person is intended to cover costs and no more. (Urgent fees incur a further $120-plus GST per Letter of Non-objection which may cover several people.) Where a production is large and/or requires extensive investigation on our part (see later for more on what this means) the costs undoubtedly outweigh the fees charged. The Guild views this as an important role, and not a revenue gathering exercise.

Producers/production companies apply to the Guild for Letters of Non-Objection for all international ‘below the line’ crew they wish to bring in. Directors, producers, and actors/presenters are dealt with by the respective association/guild/union relevant to their craft. Applications are submitted online using the Guild’s interactive application. Each application covers a single production and may have many individual crew included. Individual crew are assessed separately, in accordance with the criteria set out by INZ, taking into account international common practice and consistency with past circumstances by genre (documentary, TVC, feature film, etc). This part of the assessment considers INZ criteria recognizing international distinction/merit, particular ethnic significance or manifest importance to the production (that is, individuals who, due to their experience, unique qualifications or other factors, are essential to the production and could not realistically be replaced by someone else).

Does it matter what type of production it is and where the production will be aired?

Productions that are being shot entirely in New Zealand for a local audience are assessed differently to traveling productions that include a handful of shoot days in New Zealand and are intended for an international audience. Similarly, Television Commercials (TVCs) are assessed differently to Feature Films; Feature Films and TVCs differently to Reality Shows; and so forth...

How are New Zealand jobs protected?

The Techos’ Guild processes more screen production industry Non-Objection applications than any other screen organization. The Guild provides the best quality advice it can, and seeks mutually acceptable resolutions to immigration issues with a view to the wider benefit of the entire screen production industry.

International work is an essential part of providing employment for our members, and provides wider economic benefits to New Zealand. The INZ criteria assessed in this respect consider the risk to employment of New Zealand professionals in equivalent work, balanced with the wider benefits that may sometimes outweigh the loss of job opportunities for individuals. Under INZ criteria, producers/production companies must give appropriate consideration to employing available New Zealand professionals. If you’ve had a call from our EO, chances are it was during this part of the assessment. The Guild spends considerable time obtaining feedback – confidential to the production and the individuals involved – from experienced crew (members of the Guild, and others) in order to assess whether or not adequate consideration has been given to employing locals before a decision is reached.

The Guild applauds those producers out there who go to bat time and time again for local crew to be employed on big international jobs. It is the experience of the Guild that first-timers to NZ use far less local crew than repeat visitors – a reflection of the positive impact that our local crews have on visiting producers.

From time to time there are situations where an application fails the criteria and the Guild is obliged to object. If this were not the case, there would be no reason for the Guild to be involved in the Immigration process!

More often than not, producers and production teams can be encouraged to adjust their approach to reach a mutually satisfactory and criteria-meeting end.

Is anything else taken into account?

Health and Safety is also considered, due to general concern and the fact that immigration and occupational health and safety come under the Department of Labour, with whom the Techos’ Guild has a working relationship based on good faith. Any incidents, particularly those that come to the attention of the public, reflect on the entire screen production industry, and as such, impact on the wider benefit of bringing in international work. A great deal of time is spent explaining this to international production companies, and encouraging them to make use of local professionals to facilitate their shoots, so that local permit-giving, laws, and regulations are adhered to.

Particularly at the leading edge of some rapid technological development and new media, there can be a clear requirement to bring in international specialist crew. Where this is the case, the Guild places particular emphasis on encouraging producers to engage actively in mentoring and training local crew – mentoring and training are key throughout all crafts and the entire industry, of course. This fits the INZ criteria of wider benefit to the industry, and is another area where some producers stand out as beacons of best practice in nurturing the local industry and in recognizing the talents and skills of New Zealanders. The Guild seeks opportunities to acknowledge this best practice whenever possible.

What about people coming in on visitor permits and then changing to work permits?

OR

Sometimes TVC deadlines are too tight to follow process... Aren’t they?

INZ does not condone retrospective issuing of work permits, as the individual is then in breach of the law if they have not declared their intention at the border. Where an individual has entered New Zealand as a visitor at the recommendation of their producer, on the basis that a retrospective work permit will be applied for, then the Guild has been generally supportive of this process despite the fact that the law has been broken. As discussed with the Guild’s INZ relationship manager, these situations have commonly involved experienced New Zealand TVC producers facilitating relatively large scale productions with tight deadlines and inadequate time to sort out all the work permit issues ahead of time. However – INZ has indicated that it will not tolerate such retrospective issuing of work permits, other than in exceptional circumstances. As such, the Guild encourages producers to contact the Guild as early as possible if they are in a tight spot. The Guild can facilitate the immigration process and help avoid crew being turned back at the border, as well as protecting future relations with INZ.

In practice, the Guild lodges an objection or presents INZ with information about non-compliance once or twice a year. Every issue presented formally to INZ is taken very seriously, and must be dealt with very quickly to be effective.

The Guild also receives queries about foreign crew working in New Zealand. If there are members who feel that they were not reasonably offered work which is being undertaken by foreign crew, and a Letter of Non-Objection was issued, then the Guild has to be able to justify the decision to allow the foreign worker into New Zealand.

Where the Guild receives information that international crew are working in New Zealand and no request has been made for a Letter of Non-Objection, the Guild is obliged to inform Immigration New Zealand – and does. Immigration NZ has a compliance division that investigates any suggested breaches of regulation. They are emphatic that a work permit is required for someone to be able to work in NZ. Anyone entering the country and undertaking work having not indicated an intention to work on their Immigration entry forms at the border is in breach of immigration law.

Disclaimer: This article is the opinion of the author, and does not represent official Immigration New Zealand information. The NZ Film & Video Technicians’ Guild is NOT an agent of INZ, and cannot provide advice about immigration issues. Anyone seeking information about New Zealand immigration policy and regulations should contact INZ directly at: www.immigration.govt.nz