The Hobbit law: how it happened
Like a sequel no one wanted, the so called Hobbit law is back in the news again – this time on its way out as our Government seeks to redress diminished workers’ rights, reports
It’s been a while since John Key fired the Hobbit law through Parliament quicker than one of Bard the Bowman’s arrows, so you might need a refresher as to why it’s such big news that Labour are including dumping it in their first 100 days plan.
Passed on October 29, 2010, the Hobbit law is so named because it was created and passed as a direct result of industrial action by actors on Peter Jackson’s The Hobbit.
It’s real name is the less bouncy and fun: The Employment Relations (Film Production Work) Amendment Bill, and it effectively limits the amount of unionising actors can achieve on a production.
How it came about is a convoluted tale which changes, as all good tales do, depending on who’s telling it – the film-makers or the actors.
But in a nutshell: the New Zealand actors union, NZ Equity, used the filming of The Hobbit – a high-profile, multimillion-dollar internationally funded production – to push for the right to bargain collectively, despite most actors being on individual contracts.
The fallout was fierce, with the industry riven into two factions: on the one hand Peter Jackson and the technical crew of the films, who feared the production would end up being pulled out of New Zealand by Warner Brothers and moved to much-cheaper Poland, or even Australia, if what amounted to an actors’ strike took place.
On the other hand, the actors, led by Robyn Malcolm – who’d already tried this tactic on her hit show Outrageous Fortune – and the union attempting to garner a better deal for their people by holding the film (The Hobbit was originally going to be only one film, Jackson wouldn’t announce a three-film deal until later in the year), to ransom.
Writing shortly after the event, Vernon Small said the stoush was mostly the union’s bad timing.
‘‘There seems little doubt that movie workers have a legitimate grievance over the industry’s failure to adhere to the employment standards set out in the so-called Pink Book,’’ wrote Small.
‘‘There is also no argument that targeting an international film – with the support of international unions such as the Screen Actors’ Guild in the United States – was an effective tactic, given the failure to make an impact on shows like Outrageous Fortune.
‘‘But rather than taking a swing at The Hobbit, as the first international film that came past, they would have been well advised to wait for the second. With any luck it would have been an unfathomable Vincent Ward movie and everyone would have been a winner.’’
Small said getting into a fight with ‘‘Saint Peter Jackson’’ who’d practically changed the way we see ourselves as a nation in the world with his massively successful films was ‘‘plain, unsalted nuts’’.
It didn’t go well for Malcolm, or her offsider in the battle Jennifer Ward-Lealand, when Jackson appeared on Campbell Live to discuss the issue and ended up in tears.
Speaking to Anika Moa in September this year, Malcolm described the debate as ‘‘a nasty and embarrassing moment in New Zealand history’’.
‘‘I got yelled at, pushed in the gutter, got a death threat: ‘Why don’t you f... off to Australia and die of a spider bite’.’’
Back in 2010, Jackson suggested the NZ Equity’s stance was driven by its alliance – which he called alarming – with the Australian Actors Union.
Jackson suggested there was a conflict of interest in the Australian union working to drive a production out of New Zealand, when Australia itself could have been in line to offer it a new home.
‘‘I can’t see beyond the ugly spectre of an Australian bully-boy, using what he perceives as his weak Kiwi cousins to gain a foothold in this country’s film industry. They want greater membership, since they get to increase their bank balance,’’ wrote Jackson.
‘‘The conspiracy theories are numerous, so take your pick: We have done better in recent years with attracting overseas movies – and the Australians would like a greater slice of the pie, which begins with them using The Hobbit to gain control of our film industry.
‘‘There is a twisted logic to seeing New Zealand humiliated on the world stage, by losing The Hobbit to Eastern Europe.
‘‘Warners would take a financial hit that would cause other studios to steer clear of New Zealand.’’
Whoever was driving it, the damage was done. Warner Brothers then teamed up with the National government – the one to get a cash boost in the form of tax rebates, the other to get a PR boostcum-smokescreen for their planned rejig of employment laws – and The Employment Relations (Film Production Work) Amendment Bill was born.