Employment Relations (Film Production Work) Amendment Bill

This group of clauses is designed to put in the Employment Relations (Film Production Work) Amendment Bill a review of it. I think the view on this side of the Chamber is that the legislation is unlikely to work, and these amendments provide a method of establishing whether it has been working. I want to make it clear to members that this set of clauses has been picked up from the prostitution law reform legislation. The clauses have been changed, with a couple of amendments.

I will say in a slightly embarrassed way that when I looked at my drafts of these amendments, the word “prostitution” still appeared in one of them, rather than “film”. It reminded me of my favourite movie, Notting Hill. I do not know whether people will remember the Julia Roberts scene in the restaurant, where boorish people got actors and prostitutes mixed up. I want to say that in my case it was not deliberate; I would certainly not describe Julia Roberts in that way. I have seen that movie many, many times, and it is one of my favourites.

But there is not much doubt on this side of the Chamber that there needs to be a review arrangement for this very bad legislation, and these amendments are our attempt to put it in place.

The question was put that the following amendment in the name of the Hon Trevor Mallard be agreed to:

to add the following clauses:

5 Review of operation of Act and related matters

(1) The Employment Relations (Film Production Work) Law Review Committee must,—

(a) as soon as practicable after the commencement of this Act,—

(i) assess the number of persons working as film production workers in New Zealand and any prescribed matters relating to film production work; and

(ii) report on its findings to the Minister of Labour; and

(b) no sooner than the expiry of 3 years, but before the expiry of 5 years, after the commencement of this Act,—

(i) review the operation of this Act since its commencement; and

(ii) assess the impact of this Act on the number of persons working as film production workers in New Zealand and any prescribed matters relating to film production work; and

(iii) consider whether any amendments to this Act or any other law are necessary or desirable; and

(iv) consider whether any further review or assessment of the matters set out in this paragraph is necessary or desirable; and

(v) report on its findings to the Minister of Labour; and

(c) carry out any other review, assessment, and reporting required by regulations made under this Act.

(2) The Minister of Labour must present a copy of any report provided under this section to the House of Representatives as soon as is practicable after receiving it.

6 Employment Relations (Film Production Work) Law Review Committee

(1) The Employment Relations (Film Production Work) Law Review Committee must consist of 11 members appointed by the Minister of Labour.

(2) The Minister of Labour must appoint—

(a) 2 persons nominated by the Minister of Labour; and

(b) 4 persons nominated by the New Zealand Council of Trade Unions (or, if there is no New Zealand Council of Trade Unions, by the union registered under Part 4 of the Employment Relations Act 2002 that the Minister of Labour considers represents the interests of the largest number of New Zealand workers); and

(c) 1 person nominated by the Minister of Women’s Affairs; and

(d) 1 person nominated by the Minister of Māori Affairs; and

(e) 1 person nominated by the Minister of Youth Affairs.

(3) The Minister of Labour may, on the recommendation of a member’s nominator, remove a member from office for inability to perform the members’ duties, misconduct by the member, or any other just cause proved to the satisfaction of the nominator.

(4) The member is not entitled to compensation or other payment relating to removal from office.

(5) The Employment Relations (Film Production Work) Law Review Committee ceases to exist on a date appointed by the Minister of Labour, by notice in the Gazette, that is after the date of its report to the Minister under section 42(1)(b)(vii).

7 Other provisions on appointment, removal, term, and resignation of members of Employment Relations (Film Production Work) Law Review Committee

(1) A member must be appointed or removed by written notice to the member and his or her nominator.

(2) A member holds office for a term stated in that notice of up to 5 years.

(3) A member whose term of office expires continues to hold office until he or she is reappointed or his or her successor is appointed.

(4) However, all members cease to hold office on the date on which the Employment Relations (Film Production Work) Law Review Committee ceases to exist.

(5) A person may be reappointed as a member.

(6) A member may resign by written notice to the Minister of Labour and his or her nominator.

(7) The powers of the Employment Relations (Film Production Work) Law Review Committee are not affected by any vacancy in its membership.

8 Remuneration of members of Employment Relations (Film Production Work) Law Review Committee

(1) A member is entitled to receive remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 (and the provisions of that Act apply as if the Employment Relations (Film Production Work) Law Review Committee were a statutory Board under that Act).

(2) That remuneration must be paid out of the departmental bank account operated by the Department of Labour.

(3) This section does not apply to a person who is a member in his or her capacity as an employee of a department.

9 Procedure of Employment Relations (Film Production Work) Law Review Committee

The Employment Relations (Film Production Work) Law Review Committee may regulate its own procedure.

I move, That the report be adopted.