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Exchange of Notes between the Government of Canada and the Government of New Zealand constituting an Agreement amending their Agreement on Film and Video Relations signed at Vancouver, October 16, 1987 [1993] CATSer 9 (17 June 1993)

E100777 - CTS 1993 No. 12

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF NEW ZEALAND CONSTITUTING AN AGREEMENT AMENDING THEIR AGREEMENT ON FILM AND VIDEO RELATIONS SIGNED AT VANCOUVER, OCTOBER 16, 1987

I

The Minister of Cultural Affairs of New Zealand to the High Commissioner for Canada

WELLINGTON, 17 June 1993

H. E. W. Esmond Jarvis
High Commissioner
Canadian High Commission
Wellington, New Zealand

Dear High Commissioner

I have the honour to refer to the Agreement on Film and Video Relations between the Government of New Zealand and the Government of Canada signed at Vancouver on 16 October 1987, and to the consultations that took place between the representatives of our two Governments in Cannes in May 1990 for the purpose of amending the said Agreement.

As a result of those consultations, I now have the honour to propose the following amendments:

Article II:

Article II, paragraph 4, shall be deleted and replaced by the following:

"4. Should the co-operation so require, the participation of performers other than those provided for in the first paragraph may be permitted, subject to approval by the competent authorities of both countries."

Annex:

The Annex shall become "Annex I".

Clause 5 of Annex I shall be deleted and replaced by the following:

"5. The competent authorities of both countries will, where possible, be willing to consider recognition of co-productions undertaken by producers of Canada, New Zealand and countries to which either the Government of Canada on the one hand, or the Government of New Zealand or the New Zealand Film Commission on the other hand, are bound by co-production Agreements or Arrangements."

A new Annex II shall be added as follows:

"Annex II:

Twinned Co-Production Films

1. Twinned co-production films:

(a) must belong to the same programme category or genre of film and be of approximately similar length; and

(b) must be in production either simultaneously or consecutively, provided, in the latter case, that no more than six months shall elapse between the completion of the first twinned co-production and the commencement of the subsequent such co-production.

2. One film of a twinned co-production must satisfy all conditions for it to be a New Zealand film in accordance with the relevant legislation in New Zealand; and the other film of a twinned co-production must satisfy all the conditions for it to be a Canadian film in accordance with the relevant legislation in Canada, or pursuant to the appropriate authority of the Canadian Radio-Television and Telecommunications Commission (CRTC).

3. The total production costs of each film must be approximately equal and there shall be an overall balance in the respective financial contributions made by the New Zealand and Canadian co-producers. The contributions of two or more co-producers from one country shall be aggregated for this purpose.

4. The provisions of Annex I, with the exception of clauses 4.1 and 4.3, shall apply to the provisions of this Annex.

If the foregoing is acceptable to the Government of Canada, I have the honour to suggest that this Note and your reply to that effect, which are equally authentic in English and French, shall constitute an Agreement between our two Governments amending their 1987 Agreement on Film and Video Relations, which shall enter into force on the date of your reply.

Please accept, High Commissioner, the assurance of my highest consideration.

Douglas Graham

Minister of Cultural Affairs of New Zealand

II

The High Commissioner for Canada to the Minister of Cultural Affairs of New Zealand

CANADIAN HIGH COMMISSION

WELLINGTON, 17 June 1993

The Honourable Doug Graham
Minister of Cultural Affairs
Parliament House
Wellington

Mr Minister,

I have the honour to acknowledge receipt of your letter of 17 June 1993 which reads as follows:

(See New Zealand's Letter of June 17, 1993)

I have the honour to inform you that the Government of Canada accepts the foregoing proposals. Therefore your Note and the present Note in reply, which are equally authentic in English and French, shall constitute, between the Government of New Zealand and the Government of Canada, an Agreement amending their 1987 Agreement on Film and Video Relations, which shall enter into force on this day.

Please accept, Mr Minister, the renewed assurance of my highest consideration.

W. Esmond Jarvis

High Commissioner