Office Report - Current Events

**A few issues on the table spring to mind – an interesting immigration puzzle that turned out really well for local crew, and then progress in the legal aftermath of that infamous failed production… **

But first: new year momentum.

Happy New Year, everyone. It seems an age since 2010 began, and perhaps a ‘Gung Hey Fat Choy’ (Congratulations and be prosperous) for the Year of the Tiger¹ is in order. As I write, it’s the ninth day of the Lunar New Year festival – a day when traditionally everyone is back at work after the festivities (seems appropriate) but the new year period has not yet ended. I am wary of jinxing myself, but I do feel a sort of courageous mood to Guild business so far this year.

Courage is a trait ascribed to the Year of Tiger¹, and one that (tempered with a little circumspection) can be of benefit when seeking positive change and momentum, something I am hoping for and working towards for the Guild. Watch this space.

A recent immigration case turned up a great result for local techos but just before the good news, a bit about the immigration process in general... Crew understanding and transparency of immigration issues are important, as widespread understanding contributes to better outcomes all round.

So what makes an effective immigration assessment?

¹The author admits, yes, she was born in a Tiger year...

The result of any assessment is based on consideration of all the facts regarding a production; so it follows that the decision is only as good as the details of the production made available to the EO. Getting these details requires open disclosure on the part of production companies, who, let’s face it, want to keep as much as possible under wraps in the early stages of production, citing “commercial sensitivity.” However crew might view such sensitivity, having the confidence of the production company is essential to the process, one that aims to put ‘Kiwis First.’

The EO, guided by Guild process and immigration policy, is the caretaker of the process on behalf of crew. The EO must, in this interest, foster a good relationship with the production company. This means carrying out due diligence while keeping specifics confidential, even where more complex assessments mean talking over the situation with crew. Now and then crew, or others, guess at the players involved. The EO’s reply to such guesses, with the best interests of crew at heart, has to be ‘No comment.’ At the time it may seem a little peculiar to those to whom the conclusion seems plainly obvious, usually simply because in a small industry word gets around. But it’s essential that in these matters we uphold confidence and thereby do our part to maintain good relationships. Ultimately this is an inherently collaborative industry, so sectors shouldn’t be pitched against another anyway, but that truth is perhaps not self-evident to everyone.

So, on to the good news...

A recent case gives cause for rejoicing as the final outcome is to the benefit of local crew: Local job, local shoot – but a mooted international HoD. Due credit to the production, they lodged an immigration application for the HoD and provided some relevant details.

When an application is lodged, usually time is not on anyone’s side. This case was more urgent than most; the HoD was required urgently for pre-production, and the start date was imminent.

Needless to say, more than a few questions were being asked, the situation being far from straightforward; and no Letter of Non-Objection (L.O.N.O.) was on the horizon. Days passed. The assessment was still sitting on the desk when the international HoD unexpectedly pulled out! Well, that solved that particular dilemma. Next step: cross fingers, and hope... Then, Lo! Word reached the office that one of our finest local crew (and Guild member) had landed the job. There was no one there to see it, but I was smiling from ear to ear. This person’s skills are exemplary, and they will do a fantastic job. It’ll always be arguable whether the Guild had a hand in this particular outcome… However, regardless – this EO experienced a rare moment of pure professional elation at this good news, and is sincerely hoping for a Happy Ever After on a local story made by a talented team of local crew. That’s what we’re all about!

Mark of the Lion legal prospects are looking good – as good, in fact, as you might hope for in any case where a production (and associated entity²) has failed, leaving unpaid creditors including crew.

I realise it’s difficult for some to still be thinking about this so long ‘after the fact’; but, to some extent, delay is the nature of such affairs, and the pursuit of justice takes time. If it were me, personally, I would at least enter into discussions with the legal experts involved, and seriously assess the prospect of recovery for myself.

There is no inherent risk in engaging in talks about legal action, unless you are dealing with legal representation charging by the minute. No one is going to force members to pay out for legal action against their will. To some extent, a goodwill payment the Guild has agreed to make to the lawyer advising us, and to a greater extent that particular lawyer’s good will toward the Guild, provide members with some room for negotiation before the meter starts ticking on this one.

In addition, some major creditors are going to take action regardless; so it’s a matter of numbers pursuing the matter, not whether action will or won’t be taken (action in the general sense, that is, though some form of formal action is likely).

The next time something like this happens, it may seem less sensible to have walked away without a fight, thus ensuring that the unscrupulous dealers involved experience no challenge to their behaviour, and therefore have no deterrent to doing it again.

Personally, I would want to mark the territory and set my stall for the future: No cowboy companies in my industry, thanks.