TVNZ has developed and implemented a set of protocols which it will follow in its dealing with the Independent Production sector.

 

These Protocols and the Code of Practice are supportive both of the needs of TVNZ and the needs of the Independents and of their shared goal to grow and strengthen the independent industry. It is acknowledged that:

• TVNZ seeks to reach audiences wherever they are and inspire them on every screen.
  
• The Code of Practice seeks to ensure that TVNZ and the Independents deal fairly with one another by adopting consistent business principles and practices.

 

TVNZ wishes to ensure that projects are assessed, commissioned, contracted and produced in accordance with best practice procedures. To this end, TVNZ has set down some core principles:

Principle 1: Increase tenor and depth of communication

• TVNZ and Independents will work together to devise and implement new incentives and support for the talent and creative resources of our industry in an effort to further sustain and develop the industry.
• TVNZ and the Independents will raise the tenor and frequency of dialogue between TVNZ and Independents.
• TVNZ will publish and maintain an agreed set of technical standards with which all programmes should comply.

Principle 2: Fair trading

• TVNZ will offer simple, straightforward processes that do not slow, remove or otherwise inhibit the decision-making of its channels but nevertheless protect both Independents and TVNZ.
• TVNZ and Independents will ensure that negotiations are conducted with integrity and in accordance with clear and transparent processes as described in these Protocols and Appendix A.
• TVNZ and Independents will seek to ensure that each is able to participate equitably in the commercial and creative success of the programmes created.

APPENDIX A: CODE OF PRACTICE FOR INDEPENDENT COMMISSIONING

 

TVNZ will offer simple, straightforward processes that facilitate quick and effective decision-making while also seeking to protect both the Independents and TVNZ. 
 

Considering Proposals

 

Each written proposal submitted to TVNZ from an Independent will be confirmed as received in writing within seven working days. All materials will be returned if the proposal is subsequently rejected.

 

TVNZ will advise the Independent wherever possible within six weeks of receipt of a proposal of its intention either to undertake development or to commission the project (subject to satisfactory negotiation and development requirements) or its decision to decline to commission the project. This period may be extended if both parties agree. During this period it is acknowledged that TVNZ does not have an exclusive right to consider the project.

 

TVNZ and Independents will apply the highest procedural standards towards the protection and management of intellectual property matters and will acknowledge that such matters underpin the business of television. If material is forwarded to us in an electronic form we cannot guarantee confidentiality.

 

TVNZ and Independents will declare any potential conflicts of interest at the outset. Click here to view Commissioning Protocol

 

TVNZ will endeavour to immediately inform the Independent if a similar proposal is already in development at TVNZ and return the proposal.

 

TVNZ will ensure that concepts and proposals submitted by the independent industry are kept confidential and will not be discussed with any other party without the express permission of the Independent. Independents approached by TVNZ with a concept or idea will also ensure that the material remains confidential.

 

From time to time, where a programme idea or format is developed by TVNZ or purchased from some one other than an Independent, TVNZ may put the idea to the market (by open or closed tender, seeking a concept and outline).

 

Independents invited to submit a proposal will submit material in confidence. Any material submitted will be returned to the unsuccessful companies.

 

Where TVNZ seeks comprehensive proposals requiring extensive research and development, adequate development finance will be considered if sought by the Independent.

Commissioning Decisions

 

If TVNZ intends to commission a programme but wishes to strengthen or alter the core production team (producer, director, writer), it will discuss the reasons for this and work with the Independent to create a mutually acceptable outcome that benefits both parties.

 

TVNZ will assess each proposal based primarily on a set of predetermined assessment criteria. TVNZ will explore the merits of the proposal objectively. Based on this assessment TVNZ will provide objective written feedback on its decision to commission or not to commission.

Contracting Principles and Processes

 

TVNZ recognises that intellectual property rights in the written programme proposal submitted by an Independent lie with the Independent. TVNZ proposal submission processes will comply with the same high procedural standards by which all intellectual property matters are handled.

 

TVNZ and the Independent will agree on appropriate terms and conditions on a case-by-case basis.

 

TVNZ production agreements will include but not be limited to the right of exclusive New Zealand Television rights for a defined number of plays over a finite period.  TVNZ will negotiate with independent producers on the basis of the SPADA rights agreement but this will not limit the negotiations to those rights.  The exploitation opportunities for each project will vary as will TVNZ's position regarding the rights to be negotiated.

 

Production budgets will take into account the expectations of TVNZ, the capabilities and needs of the Independent and the needs of the production. If TVNZ is unable to contribute the price sought by the Independent, TVNZ will work with the Independent to consider any mutually acceptable compromises necessary to reduce or increase the budget or to assess the viability of third party financing.

 

TVNZ will be fair and equitable in considering viable production company margins within the production budget.

 

If TVNZ or an Independent provides only partial financing to a production, meaning there is finance from a third party, the rights and participations of TVNZ, the Independent and any third party will be fairly, equitably and transparently negotiated on a case-by-case basis.

 

If TVNZ requests significant modifications to the production after completion of the production agreement, and these modifications are outside the originally agreed creative treatment, structure, production schedule and purpose of the programme, TVNZ and the Independent will record their new understanding and agreement, including a new budget and funding sources where necessary, in an amendment to the production agreement.

 

TVNZ and the Independent will always seek to complete contracting before production commences. In particular, if scheduling requirements mean a prompt start to production, both the Independent TVNZ will seek to expedite the contract.

 

Where TVNZ and/or the Independent is a substantial investor in a commissioned programme, the selection of distributors and sales agents will be made by mutual agreement. In general, the party with the greatest commitment to deliver actual sales should have the right to decide on the distribution of the programme and will be accordingly open to performance measurement.

 

All agreements should generally take the form of a document that has been accepted previously and willingly by both TVNZ and the Independent. Significant new terms and conditions proposed by either TVNZ or the Independent will be clearly flagged during the early stages of the commissioning process. Each party must provide reasonable time for the other to respond to significant proposed changes in any agreement.

Dispute Resolution

 

Where TVNZ and the Independent cannot resolve a dispute, the Independent is free to avail themselves of TVNZ's formal grievance procedure by sending a letter or an email directly to the General Counsel/Company Secretary at comsec@tvnz.co.nz outlining their concern.

 

It is intended that TVNZ and Independents will take full account of these Protocols and the Code of Practice and deal amicably, efficiently and fairly with each other based on best practice principles.