Insurance
Worker compensation insurance
New Zealand is unique in that all citizens are covered by accident compensation insurance, a government-run scheme, covering New Zealanders for death and injury by accident. The Accident Compensation Corporation, or ACC, is located online at www.acc.co.nz. The ACC laws make it impossible for a citizen to sue for damages incurred due to accident.
- All New Zealand resident workers are covered by the ACC regulations. Overseas residents will have a different status according to the length of their stay in New Zealand and their status as employees of, or contractors to, the production company.
- All employees should be covered by whatever arrangements the production company has in place. Self-employed workers must have their own arrangements. If foreign production companies have their own insurance arrangements in their country of origin, they should ensure that these policies cover them in New Zealand. All other enquiries should be directed to the Accident Compensation Corporation (ACC).
- Under the New Zealand ACC scheme, an employee cannot sue an employer where the employee is entitled to receive compensation for a work related injury. However, employers are subject to the Health and Safety in Employment Act. Details can be found online at www.osh.dol.govt.nz.
Public liability insurance
Under common law, it is the obligation of every individual/company to carry out their business activities without causing injury to other persons or damage to property owned by others.
Public liability insurance is available to the individual or company. This will provide indemnity in the event of the insured individual or company being legally liable for loss or damage to third-party property, caused by their negligence.
In New Zealand, accident compensation legislation looks after claims for injury to third parties, and removes the right of an individual to sue another for injury.
Public liability coverage for contractors
- For taxation and ACC reasons, many New Zealand cast and crew prefer to work as contractors rather than production company employees. Since public liability policies (unless endorsed) cover only the company and its employees, it is important to ensure that contractors working on a production have their own public liability cover.
- It is also important to ensure that responsibility for public liability insurance is clarified for any performers not engaged under Actors' Equity's Standard Performance Contract.
- Recent employment law changes in New Zealand have tightened the definition of an employee. You should discuss employment status with your accountant before arranging suitable insurance for your production.
Statutory liability
Unlike most countries in the world, statutory liability insurance cover for fines and penalties is available in New Zealand. Covers are typically for $NZ500,000 and contain exclusions relating to deliberate disregard of legislation. With the Health & Safety in Employment Act, the insurance will not cover the Fine, but will pay for your legal costs and costs of reparation.
Your New Zealand line producer or production support person can provide advice regarding your health and safety practices while in New Zealand.
Contact
The Data Book, the New Zealand film and television industry reference guide, contains contact details for companies experienced in production insurance.
