8 May 2024
Erika Whittome
By email: [FYI request #26036 email]
Dear Erika
9 MARCH 2024: OFFICIAL INFORMATION ACT REQUEST
In your email dated 9 March 2024, you requested the fol owing information under the
Official Information Act 1982 (OIA):
1. The NZ Film commission has approved $800k in public funding for a $3.2 mil ion
feature film on the former Labour Leader and PM Jacinda Ardern. The NZ Herald
article says " commission bosses are confident it wil be a success. ." Would you
please share all the minutes, correspondence, text messages and all emails
regarding the decision to make this particular film. Please include the proposed
budget, and confidence estimates on its financial success, including any foreign
distribution deals, advertising budgets, security detail for the former PM etc.
In February 2024, the New Zealand Film Commission (NZFC) approved Feature Film
Production Investment (FFPI) of $800,000 to
The Untitled PBK and JP Project (formerly
referred to as
Jacindamania). NZFC FFPI is an equity which is expected to recoup on a pro
rata pari passu basis. In other words, the NZFC expects to recoup, alongside other equity
investors in the same tier, proportionally and treated equally. Once all investors have
recouped their entitlement, any further income becomes net profit to which the NZFC is
entitled on the same basis, pro rata pari passu.
Information you have requested in relation to this FFPI funding decision is attached at
Appendix 1. Certain commercially sensitive and personal information has been redacted
under the fol owing grounds of the OIA:
• Section 9(2)(a): to protect the privacy of natural persons.
• Section 9(2)(b)(ii): to protect information where the making available of that
information would be likely unreasonably to prejudice the commercial position of
the person who supplied or who is the subject of the information.
• Section 9(2)(ba): to protect information that is subject to an obligation of confidence
where making the information available would be likely to prejudice the supply of
similar information and it is in the public interest that such information should
continue to be supplied.
• Section 9(2)(g): to maintain the effective conduct of public affairs through the free
and frank expression of opinions.
• Section 9(2)(h): to maintain legal professional privilege.
Other information that is not within the scope of your request has also been redacted.
The full budget, assessor’s reports, estimates on financial success, distribution and
marketing deals are withheld under Section 9(2)(b)(ii), 9(2)(ba) and 9(2)(g) of the OIA.
Information about estimates of financial success is withheld in this response as this includes
commercially sensitive information from the project’s budget, market and distribution
deals. This information is provided as part of an application for funding under an express
obligation of confidence. The film industry is highly competitive, and production companies
engage in commercially driven activities on a domestic and international stage. Making a
production company’s strategic and financial information publicly available is very rare as
this would create a serious and substantial risk of unreasonable prejudice to their
commercial position. Releasing this information would have implications in terms of a
production company’s competitive advantage and their negotiations with suppliers,
financiers, distributors and licensees of films.
While we acknowledge there may be public interest in this information, we believe the need
to withhold this information is stronger and outweighs the public interest concern,
considering the context described.
We will be publishing this letter (with your personal information removed) with the
Appendix on the NZFC website.
Please be aware that you have the right, by way of complaint to an Ombudsman under
section 28(3) of the OIA to seek an investigation and review of our response.
Yours sincerely
Tayla Hancock
Senior Advisor, Policy and Performance
New Zealand Film Commission
Appendix 1 - Feature Film Production Funding
A pre application meeting for the Untitled PBK and JP Project was held on 21 November 2023 at
12.45pm with Pietra Brettkelly, Emma Slade, Micah Winiata, Justin Pemberton, Leanne
Saunders (NZFC), Olivier Leroy (NZFC), Rosie Hole (NZFC) and Joel Rudolph (NZFC). The
discussion held in this meeting is withheld under Section 9(2)(b)(ii) of the OIA.
From:
Zoë Vaunois
To:
Stella Inkpen; Bevin Linkhorn; Christina Andreef; Joel Rudolph; Johanna Smith; Karen Te O Kahurangi
Waaka; Kathryn Graham; Leanne Saunders; Nkhaya Paulsen-More; Olivier Leroy; Rosie Hole; Bonnie
Mahon; Katie Baker; Marion Heppner; Rochelle Cooney; Jasmin McSweeney; Amanda Heatley; Chris Payne
Cc:
Annie Murray
Subject:
RE: Feature Film Production Investment February Round of Applications
Date:
Friday, 15 December 2023 2:08:45 p.m.
Attachments:
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Kia ora koutou
The LBA review of
Untitled PBK + JP Project can be found in the Internal Assessment folder here:
LBA board application review - Untitled PBK + JP Project.docx
Please let me know if you have any questions.
Ngā mihi
Zoë
From: Stella Inkpen <[email address]>
Sent: Thursday, December 7, 2023 11:17 AM
To: Bevin Linkhorn <[email address]>; Christina Andreef
<[email address]>; Joel Rudolph <[email address]>; Johanna Smith
<[email address]>; Karen Te O Kahurangi Waaka <[email address]>;
Kathryn Graham <[email address]>; Leanne Saunders
<[email address]>; Nkhaya Paulsen-More <[email address]>;
Olivier Leroy <[email address]>; Rosie Hole <[email address]>; Stella Inkpen
<[email address]>; Bonnie Mahon <[email address]>; Katie Baker
<[email address]>; Marion Heppner <[email address]>; Rochelle Cooney
<[email address]>; Zoë Vaunois <[email address]>; Jasmin McSweeney
<[email address]>; Amanda Heatley <[email address]>; Chris
Payne <[email address]>
Cc: Annie Murray <[email address]>
Subject: Feature Film Production Investment February Round of Applications
Kia ora koutou,
We received six feature film production investment applications at the recent FFPI deadline. One
has since withdrawn and two have been deemed ineligible so there are three projects to assess.
Our Bullet Points hui is scheduled for
Monday 18 December – please could we have all
assessments by then.
Here are the links to the application folders & Bullet Point documents.
The Untitled PBK and JP Project | NZFC Ask: $ 800,000
Klevr Grants
Screen Projects
Bullet Points Feb 2024 [THE UNTITLED PBK AND JP PROJECT].docx
Ngā mihi,
Stella Inkpen (She/Her) | Development & Production Team Administrator
New Zealand Film Commission | Te Tumu Whakaata Taonga
Level 3, 119 Ghuznee St, Wellington 6011 | PO Box 11546, Manners Street, Wellington 6142
T:
www.nzfilm.co.nz | ondemand.nzfilm.co.nz
The information contained in this email message does not necessarily reflect the views of the New Zealand Film Commission and may contain information that is
confidential or subject to legal privilege. If you are not the intended recipient and received this email in error, please notify the New Zealand Film Commission
immediately by return email or telephone (+64 4 382 7680) then delete this email and destroy any copies of it. You must not use, disclose, copy or distribute this
message or the information in it.
P Please consider the environment before printing this e-mail.
(NZFC G/L’s) Audience engagement plan and market partners
Additional issues:
(NZFC G/L’s) Details of the key personnel attached to the film.
.
(ToT): The producer must have all underlying rights necessary to make and exploit the film.
We note that the project previously received NZFC Boost slate funding ($5,000)
.
We have attached as an appendix, further issues noted. There will no doubt be other areas that will
come up in the meeting and we are equally happy for you to bring your own questions and/or concerns
to the discussion.
Looking forward to seeing you.
Ngā mihi,
Leanne Saunders
Head of Development and Production
APPENDIX
From:
Leanne Saunders
To:
Jasmin McSweeney; Olivier Leroy; Rosie Hole; Christina Andreef; Joel Rudolph; Chris Payne; Marion
Heppner; Zoë Vaunois; Amanda Heatley; Johanna Smith; Karen Te O Kahurangi Waaka; Kathryn Graham;
Bonnie Mahon; Annie Murray
Subject:
RE: Filmmaker Meeting Minutes - UNTITLED PBK & JP PROJECT
Date:
Friday, 12 January 2024 4:38:55 p.m.
Attachments:
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Thanks Jas
We will leave you off the emails for upcoming round projects.
From: Jasmin McSweeney <[email address]>
Sent: Friday, January 12, 2024 4:11 PM
To: Olivier Leroy <[email address]>; Rosie Hole <[email address]>; Christina
Andreef <[email address]>; Joel Rudolph <[email address]>; Chris
Payne <[email address]>; Marion Heppner <[email address]>; Zoë
Vaunois <[email address]>; Amanda Heatley <[email address]>;
Johanna Smith <[email address]>; Karen Te O Kahurangi Waaka
<[email address]>; Kathryn Graham <[email address]>; Bonnie Mahon
<[email address]>; Annie Murray <[email address]>
Cc: Leanne Saunders <[email address]>
Subject: RE: Filmmaker Meeting Minutes - UNTITLED PBK & JP PROJECT
FYI – I am not reviewing any of these applications or the filmmaker meeting minutes etc, as I
don’t think it is appropriate for me to do so. I depart the NZFC on Jan 26th and start my new role
at Umbrella Ent as Head of Sales & Acquisitions (NZ) on Feb 5th.
Cheers
Jasmin McSweeney | Head of Marketing (she/her)
Te Tumu Whakaata Taonga | New Zealand Film Commission
Level 3, 119 Ghuznee St, Wellington 6011 | PO Box 11546, Manners Street, Wellington 6142
T:
www.nzfilm.co.nz | ondemand.nzfilm.co.nz
The information contained in this email message does not necessarily reflect the views of the New Zealand Film
Commission and may contain information that is confidential or subject to legal privilege. If you are not the intended
recipient and received this email in error, please notify the New Zealand Film Commission immediately by return email or
telephone (+64 4 382 7680) then delete this email and destroy any copies of it. You must not use, disclose, copy or
distribute this message or the information in it. Please consider the environment before printing this e-mail.
From: Olivier Leroy <[email address]>
Sent: Friday, January 12, 2024 3:52 PM
To: Rosie Hole <[email address]>; Christina Andreef <[email address]>;
Joel Rudolph <[email address]>; Chris Payne <[email address]>; Marion
Heppner <[email address]>; Zoë Vaunois <[email address]>; Jasmin
McSweeney <[email address]>; Amanda Heatley
<[email address]>; Johanna Smith <[email address]>; Karen Te O
Kahurangi Waaka <[email address]>; Kathryn Graham
<[email address]>; Bonnie Mahon <[email address]>; Annie Murray
<[email address]>
Cc: Leanne Saunders <[email address]>
Subject: Filmmaker Meeting Minutes - UNTITLED PBK & JP PROJECT
Kia ora koutou,
Here is a link to the filmmaker meeting minutes for UNTITLED PBK & JP PROJECT:
Filmmaker Meeting Minutes [THE UNTITLED PBK AND JP PROJECT].pdf
Ngā mihi,
Olivier LEROY (he/him) / Investment Executive
New Zealand Film Commission | Te Tumu Whakaata Taonga
Level 3, 119 Ghuznee St, Wellington 6011 | PO Box 11546, Manners Street, Wellington 6142
T:
www.nzfilm.co.nz | ondemand.nzfilm.co.nz
The information contained in this email message does not necessarily reflect the views of the New Zealand Film Commission and may contain
informa ion that is confidential or subject to legal privilege. If you are not the intended recipient and received this email in error, please notify the
New Zealand Film Commission immediately by return email or telephone (+64 4 382 7680) hen delete this email and destroy any copies of it.
You must not use, disclose, copy or distribute this message or the information in it.
P Please consider the environment before printing this e-mail.
From: Rosie Hole <[email address]>
Sent: Thursday, January 11, 2024 2:05 PM
To: Christina Andreef <[email address]>; Joel Rudolph
<[email address]>; Chris Payne <[email address]>; Marion Heppner
<[email address]>; Zoë Vaunois <[email address]>; Jasmin McSweeney
<[email address]>; Amanda Heatley <[email address]>; Johanna
Smith <[email address]>; Karen Te O Kahurangi Waaka
<[email address]>; Kathryn Graham <[email address]>; Bonnie Mahon
<[email address]>; Annie Murray <[email address]>
Cc: Leanne Saunders <[email address]>; Olivier Leroy <[email address]>
Subject: Filmmaker Meeting Minutes - TENZING
Kia ora koutou,
•
ORIGINAL FILMED MATERIAL
•
.
Is the film culturally significant?
Rautaki considerations N/A
DEVELOPMENT HISTORY:
Direct (NZFC FUND) Funding): No direct NZFC development funds.
Devolved: Notable business/slate market pathways
• $5,000 awarded to this project in the 2023 Boost slate funding,
Does it have NZ content according to NZFC Act? (subject, intended locations, ownership, IP, financing, service providers etc)
EXTERNAL ASSESSOR SUMMARIES
APPENDICES
APPENDIX 1
Creative Assessments
The NZFC is primarily interested in funding narrative feature films which are intended to be screened theatrically and are not less than 80 minutes in length.
•
APPENDIX 2
Above $1 mil ion, Producers and Directors wil need a proven track-record in producing feature films, short films, high-end television drama and/or
commercials.
For lower budget films, producers and directors may have less experience, but at least have a proven track-record in short films, television drama and/or
commercials.
Creative Team
Note:
Pietra Brettkelly – Director
Yel ow is Forbidden (2018),
A Flickering Truth (2015),
Maori Boy Genius (2011)
Justin Pemberton – Director
Capital in the 21st Century (2019),
I Spy (With My Five Eyes) (2016),
Chasing Great (2016)
Emma Slade – Producer (Lead)
Bookworm (year),
Uproar (2023),
Mister Organ (2022),
Nude Tuesday (2022),
The Justice of Bunny
King (2021)
Anna Dean – Impact Producer
Unit publicist/marketing consultant
Kōkā (2024)
Impact producer
Muru (2022),
The Climate Canary
3.
Recommendation
IT IS RECOMMENDED THAT the Board APPROVE:
A: The NZFC making a conditional offer of equity investment of up to $800,000 to
The Untitled PBK And JP Project (the
Film) in addition to previously
committed NZFC development funding of $5,000, subject to the NZFC’s Terms of Trade, the New Zealand Film Commission Act 1978, Production
Funding Guidelines, Te Rautaki Māori, and the fol owing exceptional conditions:
1.
B: Delegating authority to the Head of Development and Production, at their discretion, to waive any requirement(s) set out in the NZFC’s Terms
of Trade and Production Funding Guidelines, provided they are satisfied that there are exceptional and/or acceptable circumstances which
warrant diverging from the requirement(s), in each instance.
Outcomes - these wil be incorporated into the Conditional Offer Letter
7.
Activate high impact, authentic and cultural y significant stories:
.
8.
Sustain and strengthen economic growth for our thriving film industry:
.
9.
Facilitate dynamic pathways for outstanding people, projects, and businesses:
.
285th NZFC Board Meeting – 14 & 15 February 2024
10.
Maximise interest and audiences for New Zealand screen stories here and overseas:
11.
Build and maintain stakeholder relationships to generate excel ence in partnerships:
.
Creative Overview
Synopsis
12. From the application:
13. Note – NO SURPRISES BASIS: A
.
Project History
285th NZFC Board Meeting – 14 & 15 February 2024
16.
.
Creative
18
285th NZFC Board Meeting – 14 & 15 February 2024
i
b. Factors mitigating risks:
(i)
.
285th NZFC Board Meeting – 14 & 15 February 2024
(v)
Chain of Title - Risks
23.
.
Creative Team
Pietra Brettkelly – Writer/Director
Yel ow is Forbidden (2018),
A Flickering Truth (2015),
Māori Boy Genius (2011)
Justin Pemberton - Writer/Director
Capital in the 21st Century (2019),
I Spy (With My Five Eyes) (2016),
Chasing Great (2016)
Emma Slade – Producer (Lead)
Bookworm (2024),
Uproar (2023),
Mister Organ (2022),
Nude Tuesday (2022),
The Justice of Bunny King (2021)
Cynthia Wade – Executive Producer
Oscar- and Emmy-award winning documentary director - The Flagmaker (2023), Gutsy (TV 2022)
Anna Dean – Impact Producer
Unit publicist/marketing consultant
Kōkā (2024)
Impact producer
Muru (2022),
The Climate Canary (TBC)
Impact consultant
We Were Dangerous (2024), The Moon is Upside Down (2024),
Millie Lies Low (2021)
285th NZFC Board Meeting – 14 & 15 February 2024
External Assessments
285th NZFC Board Meeting – 14 & 15 February 2024
Risks:
38.
285th NZFC Board Meeting – 14 & 15 February 2024
Document Outline
