Commercial filming

TVNZ Natural History Unit crew, climbing
the cliffs of Little Mangere Island to film
the Chatham Island black robin

If you want to film in an area managed by the Department of Conservation, you need to apply for a concession. This information helps explain why concessions are necessary and how you should apply for one.

When is a concession required?

Commercial filming and photography is defined as any photography or filming undertaken on lands managed by the department for any form of gain or reward.

This also includes:

• photography or filming which produces, or is intended to produce, a product for sale
• photography or filming which produces, or is intended to produce, a product which is used commercially or is made available for commercial use, including promotional material
• photography or filming which is intended for non-commercial end use, but which is undertaken by a contractor who undertakes the photography for gain or reward
• film schools or students.

Pre-application contact with DOC

It is good practice to have as much pre-application discussion with the local DOC office as possible. In particular film crews should try to establish an early understanding of the process of application consideration, particularly relating to the timeframes and cost that potentially may be involved.

Scouting for locations does not normally require a concession. On occasions some footage may be captured for further reference, but in essence the film company is simply investigating the locations with a view to making an application.
As far as is possible, film applicants should undertake direct consultation with stakeholders and iwi prior to lodging an application. This will reduce the time and cost required for the Department to consult in many cases.

How your application will be processed

Filming applications will be generally be classified by staff into one of three categories. It is critical that prospective film crews discuss with DOC staff in their production planning phase which of the categories might apply to their application. Obviously the category selected could have a significant effect on the date on which filming could start.

In all cases the forms should be completed in full, with particular regard being given to the description of the effects of the activity, and what the crew intends to do to remedy, mitigate or avoid those effects.

One-off

A one-off filming activity is described as an activity that:

• has low effects (i.e. an assessment of effects is necessary)
• does not involve permanent structures (a temporary film set may be an exception)
• does not have a duration of more than 3 months

This category will cover most small crew short duration film shoots. Many DOC area offices have concessions staff who can process one-off permit applications. However, if an application covers multiple areas or multiple conservancies, then, for consistent decision- making, efficiency and cost effectiveness, staff may refer the applicant to conservancy staff to co-ordinate.

Timeframe

For one-off shoots, crews should lodge their application at least five (5) working days prior to the start of filming to ensure completion of processing in time.

Low impact, non-notified

As the name suggests low impact, non-notified applications are those that have little or no discernable effect including any long term effect when the activity has ceased and those that do not require notification due to either the term applied for or type of interest in the land.

When assessing the effects of an application for the purposes of deciding how it should be processed will include (among other things):

• the type of concession sought
• whether the effects of the activity are obvious
• whether the effects are significant and if so whether they can be avoided, remedied or mitigated so as to be insignificant
• whether the application is for the continuation of an existing activity
• whether the term is for a period of five years or less
• whether significant public interest is likely
• whether the activity is provided for in the Conservation Management Strategy (CMS)/Conservation Management Plan (CMP)

For film crews this category may include larger but still low impact productions, and small low impact crews operating for extended periods of time.

Film crews should use the Standard Filming Application Form to apply.

Timeframes

For low impact, non-notified applications, the standard processing time for DOC staff is 12 weeks.

High impact, notified

High impact, non-notified applications are those that may have significant effects over the duration of the activity and possibly longer. They will also include those applications that require notification due to either the term applied for or type of interest in the land.

Again, the factors which influence whether to process applications through this mechanism include (among other things):

• the type of concession sought
• whether the effects of the activity are obvious
• whether the effects are significant and if so whether they can be avoided, remedied or mitigated so as to be insignificant
• whether the application is for the continuation of an existing activity
• whether the term is for a period of five years or less
• whether significant public interest is likely
• whether the activity is provided for in the Conservation Management Strategy (CMS)/Conservation Management Plan (CMP)

For film crews it is anticipated that this category will apply where the film production has significant effects over the duration of the shoot, or where permanent or semi-permanent structures are involved.

As with the Low Impact, Non-Notified process, film crews should use the Standard Filming Application Form.

Timeframes

The high impact, notified process will normally take between 6 and 8 months to complete.

Costs

There are three main areas of costs that will apply to film crews operating on public conservation land.

1. Application processing costs
2. Location fees
3. Monitoring costs and bonds

1. Application Processing Costs

Pre-Application

Discussions with DOC staff prior to the lodging of an application are free.

Application Processing Costs

The costs of processing the application will be recovered from the applicant.

One-Off applications will be charged at a standard fee of $150 + GST (not including location fees or monitoring cost recovery) unless special circumstances dictate that additional costs should be recovered.

For Low Impact, Non-Notified processes a standard fee of $1330 + GST will apply, unless special circumstances dictate that additional costs should be recovered. There will be an additional cost of $500 + GST per additional conservancy.

For High Impact, Notified processes, estimates of costs will be provided to film crews at the early stages of the application process.

2. Location Fees

This is DOC's location fee schedule. All figures are GST exclusive.

Commercials, feature films and television dramas

• $500 standard daily fee
• $25 per person per day fee

Documentaries and sports events (commercial)

• $300 standard daily fee
• $25 per person per day fee

Filming schools and students

• $100 standard daily fee
• nil per person per day fee

Conservation / recreation promotion

• $100 standard daily fee
• $25 per person per day fee

Television news / current affairs

• nil standard daily fee
• nil per person per day fee

Still photography (commercial)

• $300 standard daily fee
• $15 per person per day fee

All figures above are exclusive of GST and do not include application and processing fees and costs, or monitoring costs.

Total daily location fee is calculated by multiplying the per person charge by the number of persons in the film crew (including actors and talent), and then adding the standard daily fee.

Film crews often shoot only in the evenings and mornings. To take account of this, the total daily charge can be halved for film crews who five hours or less filming on any one day.

Preparation and clean-up days to be charged at 20% of full day rate.

Members of the Screen Producers and Directors Association (SPADA) will qualify, on proof of membership, for a discount of 10% of the total location rentals. This discount does not apply to recovery of DOC staff time and costs.

3. Monitoring and other costs

Monitoring costs

Monitoring of the activities of the film crew is often a condition of the concession. Any costs incurred by the Department will be recovered from the film crew. For larger crews, a condition of the concession may require the crew to directly engage and fund an independent contractor to monitor the filming activities and the affect of the locations.

DOC staff

Where DOC staff undertake the monitoring, the costs will be recovered at the following rates:

• Area staff charge-out rate $84.00 + GST per hour

Vehicles

• 4WD petrol vehicles $1.47c+ GST per kilometre
• 4WD diesel vehicles $1.43c+ GST per kilometre
• 2WD vehicles $0.89c + GST per kilometre

Other

• Disbursements actual and reasonable

Bonds

Whenever there is a potential for environmental damage from a filming operation, a bond should be taken against restoration of the site(s). Bonds for recent large film crews have been in the order of $30,000 to $50,000.

Insurance

For the “one off” crews, insurance requirements will be specified as “a policy of insurance with an insurer approved by the Grantor against any liability that may arise out of Applicant's operation of the concession. The policy must include fire suppression insurance. The policy shall be for a sum of not less than $1,000,000.”

Where the standard departmental permit is used, insurance will be specified in the contract at the following rates:

• Public Liability General Indemnity Cover: NZ$10,000,000
• Public Liability Forest & Rural Fire Extension: NZ$1,000,000
• Statutory Liability: NZ$100,000

Credits

Where credits are given, the following words are recommended:

• “Produced with the assistance of the Department of Conservation Te Papa Atawhai New Zealand”, or
• “Produced with the assistance of the staff of the …….. area office of the Department of Conservation Te Papa Atawhai New Zealand”.

Ngai Tahu Conditions

There are specific conditions relating to filming in the rohe of Ngai Tahu. Read the Guideline for Filming within the Rohe of Ngai Tahu.

Code of Practice

The Department and Film New Zealand jointly developed a Code of Practice in July 2005 for film crews undertaking activities on public conservation lands. This Code covers such issues as fake snow products, pyrotechnics etc. All permits issued to film crews should include reference to and compliance with the Code as a condition of the permit. Read the Code of Practice for Filming on Public Conservation Lands.

Frequently asked questions

Q. Are animals permitted on locations on public conservation land?
A. Horses, dogs and other domestic animals are not permitted within national parks. On other lands animals are generally not permitted with film crews, although exceptions may be made in certain circumstances. Check with the local DOC office for the location for details.

Q. Are pyrotechnics permitted on DOC locations?
A. In highly modified environments some pyrotechnics may be permitted, depending of the effects of the activity, and the measures intended to be taken to remedy, mitigate or avoid the effects.

Q. Are there restrictions on the use of helicopters and/or vehicles in relation to filming on DOC locations?
A. Yes. Vehicles are normally not allowed off formed roads in any areas. In some areas there will be restrictions on where helicopters can land with film crews. Check with the local DOC office for the location for details.

back to top