I reported last month that the lawsuit filed by the Tolkien Estate against New Line Cinema will be decided by a jury trial planned for this October. According to a report on TheOneRing.net, New Line has recently filed a petition to drop the part of the lawsuit that seeks to block the planned Hobbit movies, which are scheduled for release in December 2011 and December 2012.
A legal expert who has contributed periodic updates on the lawsuit to TORn, filed a report on this late last evening. “Voronwë_the_Faithful” (the legal expert’s moniker) is “cautiously optimistic” the petition will be granted based on the arguments presented by New Line. From the report:
- …since the plaintiffs explicitly are only seeking termination of New Line’s rights, while leaving the rest of the 1969 agreements intact, what they are seeking is a partial revocation of the contracts, and that is not allowed by law.
- …what the plaintiffs are really seeking to do is to terminate New Line’s agreement with third parties (Zaentz and Miramax), and that they do not have standing to [do] that.
- …the attempt to terminate the rights is not ripe, because the agreements specifically state that the agreements cannot be subject to termination or revocation until a final determination has been made by a court…
To read the entire report, click here. To read further clarification by “Voronwë_the_Faithful” in TheOneRing.net’s Forum, click here.
Follow me on Twitter: InklingBlogger
July 13th, 2009 at 9:04 pm
I took these guys to court (Disputes Tribunal,) over employment and animal welfare issues, with no joy (I was a Rider of Rohan and a Gondorian soldier, with 6 horses in the 3rd film.) If I only knew then what I know now! The New Zealand actors also took New Line (class action) to task, with a meager outcome. Luckily, Peter Jackson got some action, but he did nothing to help my cause. The American Humane Association gave LOTR ‘questionable’ ratings on the trilogy…These people are a law unto themselves, and will stoop to anything to turn a buck. I’d be very surprised if they didn’t make up all sorts of stories and excuses for why the Tolkien contract was not honoured. I hope the family takes them to the cleaners, and that the Hobbit films are a long time coming. Sorry fans.
July 13th, 2009 at 10:06 pm
Interesting, Harmony.
I did find the AHA statement on the internet, and it appears to me that the reason for the questionable rating was because they were unable to obtain enough information for them to add the familiar words “no amimal was hurt…” This is mostly because the filming was done in New Zealand. The New Zealand counterpart of the AHA, the AWINZ (Animal Welfare Institute of New Zeland) did make this statement: “No animal was abused, ill treated or neglected in the making of the movie. Animal action was monitored by Animal Welfare Institute of New Zealand.”
Click here for a UPI.com article published in 2002 which quotes the AWINZ.
July 14th, 2009 at 3:34 am
Hi Mark,
In my humble opinion, AWINZ was bogus, just a way to cover up the lack of concern for the animals’ welfare. Many of the vet records were ‘lost.’ They had someone parading around as though they were acting on behalf of the RSPCA, unbeknownced to the RSPCA. I was in the middle of it all. They cut corners wherever possible, most notably the quality of the fencing involved, which caused a massive stampede at Mt. Potts (Rohan City,) resulting in several serious injuries and I believe 3 deaths. They threatened anyone who spoke to media with lawsuits (like me,) and paid one young girl $20,000 to keep her mouth shut over her dead horse. New Line claimed that they were following the guidelines of the AHA, but the AHA said that they did not even have the qualifications to understand the guidelines. They were going to give an ‘Unacceptable’ rating on the last 2 films, but New Line promised to let the AHA oversee all future productions in NZ, if they would reduce to ‘Questionable.’ They also criticised AWINZ for plagerising the disclaimer. There were also some horror stories that most were too frightened to report.
9 of the top wranglers and stunt riders walked out a month before the filming was finished, never to return. They even refused tickets to the world premiere in Wellington. I’m talking about Gandalf’s stunt riding double, and the head wrangler, with a $20m budget. Don’t believe what you read on theonering.net It’s a groupie site. Fine. I was there. It was a dirty business, and I hope they never make the Hobbit here, unless the likes of Barrie Osborne are out of the mix. Maybe if Peter Jackson is in charge (he was only the director on LOTR,) things might be better. I think they ripped me off big time, even stole my intellectual property. Worked the horses ragged. Played people off against each another. The pay was an insult. Oh well, the food was good. Check out my videosong about the millions of rabbit holes in our ‘battlefield.’: http://www.youtube.com/watch?v=p-VevNTWd5Y
I see you are from Indiana? I hail from Toledo, Ohio, but have lived in New Zealand for 22 years. I’m still pretty bitter over the ‘treatment’ by New Line Cinema, sorry, and I have little sympathy for their situation, as they have truly brought it upon themselves, and need to learn a few lessons about humility. Go Tolkien.
Thanks for your reply and God Bless.
July 14th, 2009 at 3:56 am
P.S. From the AHA report:
# A horse named Moon was allegedly sent to slaughter after it was determined by a veterinarian that the horse had a non-specified problem with its front legs. AHA does not condone Production sending an animal to the slaughterhouse because it is not fit for work required by film production. AHA would recommend that the horse be returned to its owner, be adopted out as a pet or, if the condition proved to be critical, that the horse be humanely euthanized. AHA has requested further veterinary reports and documentation as to the reasons why the horse was determined to be unfit.
They did not want the AHA to be involved…that’s why they were never informed of the production (unusual for a film of that magnitude, as the AHA is the international overseer of animal welfare.)New Zealand was seen as a cheap destination, no industrial protection for actors. A fraction of the cost of Hollywood. We paid half of the costs via tax breaks. No Hobbits.
July 14th, 2009 at 9:52 am
Harmony,
Thank you again for your input. Of course, I was not there, so I must assume your first-hand account is accurate. However, I would be remiss if I did not point out a few things:
1. New Zealand was not the “destination” of the film, it is where Peter Jackson lives (He was born there in 1961.), and where Wingnut Films is based.
2. You provide no bases to say that AWINZ is bogus. It certainly is a real entity, authorized by the New Zealand government. Allegations have been raised against it, but it is recognized by the NZ government, and was created as a Charitable Trust under the Animal Welfare Act.
3. AHA stands for American Humane Association. While it is true that AHA supervises films around the world, they are American Films. The Lord of the Rings was made by an independent New Zealand film company (Wingnut), and it seems only natural that a local overseer would be used if available. (New Line, based in the U.S., was the distributor and financial backer of the movies.)
I am not saying that Wignut was not guilty of any wrongdoing. I do not have enough inside information to make such a judgment. However, none of the alleged incidents involving animals has ever (to my knowledge) resulted in a court judgment against Wignut or New Line. Whether or not such negative judgments should be made I will have to leave to others.
July 14th, 2009 at 5:12 pm
I have no issues with Wingnut, out of which was born Three Foot Six, the film company that dissolved when the filming was completed. What we do know is that the 3 films grossed some $NZ6b, roughly 10 times the investment, yet New Line could not honour the 5% of the nett profits promised to the New Zealand actors, or the 7.5% promised to the Tolkien family (not to mention the $25m they tried to screw out of Peter Jackson for the DVDs and merchandise on Fellowship of the Ring.) Funny how America On Line/ Time-Warner was no longer on the Chapter 11 radar after the films’ release (didn’t they own New Line Cinema?) In the trade, I think they call that creative accounting.
Anyone who saw the working conditions for the horses should have been shocked…and the pay for the horse/rider combination worked out to about $US80/day, for up to 16 hours. No accommodation. Our own tents,in the mountains, in the winter, yet they boasted of a $NZ6m budget (which has been claimed to be highly exaggerated, but hey, this is HOLLYWOOD.) You do the maths. 500 bucks worth of electric fencing for 120 horses who did not know each other. If AWINZ wasn’t bogus, their members were certainly inept. The battlefield would have had tens of thousands of rabbit holes, if not millions, and they ‘prepared’ the ground with a few ‘greenies’ with boots and shovels to kick in the tops of the holes, making them even more dangerous. Cosmetic surgery, but hey, THIS IS HOLLYWOOD! When the grounds for our local Pony Club events are prepared, the rabbit holes are filled with gravel TWICE!
On our first shoot, where the stampede occurred, we started out with over a hundred horses. By the time the shoot happened, there were 55, as many either had to remove their injured horses, or left in disgust. Most of the Rohan riders were young women, as the pay was so poor that many of the blokes could not afford to come. Some of the vets were foreign travelers on working holiday, again because Three Foot Six was too tight to pay the locals what they were worth. We had to shoe our own horses ($60-100 a pop.) The feed provided (when we could get it,) was some stalky ‘lucerne hay,’ and the travel allowances were grossly inadequate. We had worked for nearly two weeks before we saw any money, and many were desperate. The riders who were still on set by the time they got to Queenstown threatened a walkout, and the company rescinded, bumping up the pay by more than double (which we should have received all along, but HEY, THIS IS HOLLYWOOD!
One of the problems here in New Zealand at the time was the Employment Contracts Act, which made everyone ‘contractors’ with no recourse in the employment court. No Screen Actors Guild. You might call it a buyers market for the slave trade. The other was the confidentiality statement (mandatory,) which put everyone in a state of fear, when dealing with some of the serious issues. I found that many wanted to speak out, but were either afraid of being sued, or permanently ‘blacklisted,’ in the film industry (i.e., yours truly.) Where is Sean Penn when you need him?
I have been one of a handful who have taken issue with the film industry, sadly, as I had hoped for a career, with my fifteen horses and over 40 years worth of horse riding and entertainment. You know how the big boys hate whisltleblowers. Somehow, I think if Kevin Costner had been in charge, things might have been a lot different. Cheers, Harmony
July 16th, 2009 at 11:27 pm
Well, I vented my spleen, so I’ll try to be nice now. Good luck PJ, ans give us a ring, if your horsey people turn out to be ningcompoops. Harmony
July 17th, 2009 at 9:11 am
Glad we could provide a forum for venting, Harmony. Best to you in your pursuits.
July 17th, 2009 at 6:22 pm
Thanks for being open minded about it all. The first two years after the production ended were pretty intense. These big boys can ruin a career with the wink of an eye or stroke of a pen. I began making my own short films once I realized that my chances in the industry had all but evaporated. I have 5 music videos on Youtube, username Aquarian13. Checkum out. Harmony
November 20th, 2009 at 5:39 am
IN 2006 I questioned the existence of AWINZ . It appears that the then minister of agriculture on the recommendation of did not check out the application for approved status made by Neil wells who had written the animal welfare Act with his own ambition in mind.
AWINZ was given law enforcement powers by the government when there was no evidence of its existence .For questioning this I have been relentlessly pursued thought the court .
I would love to hear from any who have had threats made against hem or had legal action taken by AWINZ to keep them quite. I have been very concerned about this bullying by a so called humanitarian organisation.
My contact details are Grace@verisure.co.nz more details at http://www.indymedia.org.nz/article/77852/animal-welfare-institute-new-zealand
I back up and support everything Harmony has said I am a former Police sergeant and now a Private Investigator. I cannot beleive the power that these guys have - it goes right through into the Judiciary. also see Kiwisfirst.co.nz
November 20th, 2009 at 12:08 pm
Kia ora Grace,
Thank you so much for your reply. I was run out of town on a rail by AWINZ, and the ‘horse co-ordinator’ on LOTR, basically for ‘knowing too much’ and ‘asking all the wrong questions.’ My career has been severely damaged on many fronts, and I am only now beginning to recover financially. I took Three Foot Six to disputes tribunal, and was stymied by Barry Osborne (CEO,) who painted a picture that I was obsessed with Peter Jackson, which the court believed (how did THAT happen?) My case was dismissed. They claimed that AWINZ was operating according to the guidelines of the American Humane Association, which they refuted. I found that there were lies upon lies to cover the lies, and plenty of liars willing to substantiate those lies. It was like they began believing their own lies (pathological.) The problem is that they were very organised. 10 years on, the New Zealand actors, the Tolkien family, and Peter Jackson have all fallen victim to the same bunch of liars. My thought was that AWINZ was a cheaper option than the AHA or RSPCA, neither of whom were either invited or informed of the production of the trilogy. The AHA eventually investigated the films, giving all three a ‘Questionable’ rating. They were (or so I’m told,) going to give films 2 and 3 an ‘Unacceptable’ rating, which would have likely knocked them out of the Oscars, but the company promised to include them in all future productions. An animal welfare advocate told me about Neil Wells, but I think she is likely now under a confidentiality statement, and will no longer talk about it. To cut a long story short, the whole thing stinks. I wrote a song called, ‘Lord of the Rabbits,’ about the rabbit holes riddling the ‘battlefield’ in Twizel, a truly ridiculous and cruel ‘playground’ for horses under any circumstances. Have a listen sometime. http://www.youtube.com/watch?v=p-VevNTWd5Y I might post this on that Hollywood Jesus site, with a few minor edits. Keep the pressure on. Harmony
November 20th, 2009 at 3:31 pm
Thank you Harmony I too have been under constant attack since I questioned the existence of AWINZ. When I found( and proved conclusively) that is was founded on a lie I questioned AWINZ ability to contract to central and local government as a law enforcement agency.
I conclusively proved that statements made by Wells to the minister in order to get “ approved status” were out right lies. ( although the court prefers to say he got ahead of himself ) With others I incorporated a trust called Animal welfare Institute of New Zealand to prove that the entity Wells represented did not exist as he claimed.
Maf did not hold a trust deed and had never seen a trust deed. The only “ visible person was Neil wells” MAF basically trusted Wells who had worked closely with them , so much so that they did not check out his claims, now they are all covering their tracks as fast as they can
I have volumes of documents obtained under the official information act which prove
• That Wells wanted to set up his own business - training council dog control and stock control officers to become animal welfare officers . He would get paid for the training , audits etc.
• He wrote the first animal welfare Bill with this in mind.
• He set up a “pilot” programme in Waitakere City with his mate Mayor BOB with whom he had been in advertising and were instrumental in getting labour into power in 1974
• Local Government New Zealand and others objected to territorial bodies being involved in Central Government roles and the territorial body references Wells Put into the bill were removed by the second bill which was amalgamated with his bill.
• Wells was employed by the select committee in what I believe was an advisory role
• When his plan was falling to bits he came up with the trust concept, I he has both claimed it was MAF’s idea and Waitakere’s idea to set up the trust.
• AWINZ has been different things at different time, and largely What Wells calls an “oral trust” in reality it is no more than a trading name for groups which constantly change.
• He is now employed by Waitakere city as manager animal welfare and contracts to himself as AWINZ
• The animal welfare officers n Waitakere were un aware that their training as welfare officers is voluntary.
• Effectively AWINZ is like the SPCA but runs from council premises, using council cars using council staff and resources and collects donations from the public purse.. not a bad business model
• In July this year Maf reported that AWINZ were relinquishing their role as approved organisation.. it has to be clear that these are not the same trustees as who purportedly signed the trust deed in 2000, or the same ones who were involved in 1999.
• What I do know is that there was a bank account in the name of ANIMAL WELFARE INSTITUTE OF NEW ZEALAND and only Wells had access to this. In this account was money he had obtained from Beauty with compassion , money which he has used to sue me.
• I have documents where he on behalf of AWINZ has claimed money by false pretences, By making a statement that the trust existed and was in the process of being incorporated. I have a file for perjury.. no one will touch it.. I am a former police prosecutor, I cannot get the file dealt withby the police, have been to the ombudsmen, to Maf to Ministers .
• All I can say is this all fits with the definition of corruption according to the OECD but then there is no corruption in New Zealand according to the stats, so I must be worng.
I have been pursued through the court it has cost me in excess of $100,000 and yesterday after 9 months wait my appeal came back .. declined so I have a further $120 ,000+ to pay It has cost me my marriage and my family has fallen apart, my business has gone to the wall But hey there is no corruption in New Zealand aren’t we lucky.
I don’t know why there are so many of us who have had our lives ruined by AWINZ why they can tell blatant lies and the court supports them.
I know of at least t four other people whose lives have been devastated by AWINZ.
I can make all documents available to any one who request.
November 21st, 2009 at 4:23 pm
These issues are serious, and they affect us all, I just hope we do not compound the situation any further, i.e. give any more power away. I have forwarded this link to a friend who is no stranger to the controversies surrounding animal welfare issues in NZ (you might have a guess,)just keep in mind that some of these individuals operate according to their own set of rules, and have little compassion or conscience when protecting their power bases. The courts are likely to be of little or no help either, in my experience, but a letter to your local MP, and the Prime Minister might stimulate some movement. I can also give you some other links and addresses, if you contact me via private email. Sue Kedgley from the Green Party might be a listening ear as well. Write to as many as you can, but try to keep it brief and succint. Good luck. Harmony
November 21st, 2009 at 4:58 pm
Thank you Harmony the wider issue is the lack of transparency in Govenment, the perception and the reality are worlds apart.
I Had Rodney Hide involved last year he was/is my local MP . I was even criticised by the court for having questions asked in parliament. http://www.parliament.nz/en-NZ/PB/Business/QWA/
key words Animal welfare insitute time frame all
This year I have not been able to get near Rodney I have been to the ombudsmen, auditor general, Internal affairs, Maf, Police . There appears to be a real determination to keep the lid on this one buthten I remind myself that it took three years to expose the fact that ribena was not what it claimed to be.
This is all about New Zealadns corruption index , if you beat people up for quedtioning the the rest will get the message to keep stum and walk about with eyes closed and allow the corrup to have their way.
I will try the police again with the perjury file , I obtained docuemtns from both MAF and Waitakere the author never expected these docuemtns to be lined up side by side.
will keep on keeping on thank you for your support.
November 21st, 2009 at 5:25 pm
Tried the Parliamentary link, but no joy…more info?
November 21st, 2009 at 8:42 pm
Harmony and Grace,
Thank you for sharing your comments. However, this Forum is not really appropriate for personal conversation, which is what your dialog is becoming. May I suggest you use the contact details Grace has provided and continue this in private?
November 21st, 2009 at 9:07 pm
It has been very nice, however, knowing that grace and harmony feature so prominently at at website that bears the name of Jesus.
November 22nd, 2009 at 6:28 am
No worries, Greg, and I so agree…when I looked at whom had replied, my first thoughts were, that it is not by our works (movies?) that we are saved, but by Grace through Faith (and if Faith is out there reading this blog, I welcome her reply.) HA
November 22nd, 2009 at 1:56 pm
Thank You HollywoodJesus for bringing us together could not have done this without you Through you I have found Harmony and now Faith and Hope
On ward and upward..into the court of public opinion.
PS the words I have to type in to publish this are
“agency forsaken” Lookout AWINZ I think this is an omen
November 22nd, 2009 at 2:27 pm
My type in says, “search Mike,” who happens to be the celebrity host who informed me last night on national radio that he had been to this blog and read the lot, plus followed the video link. Over and out…HA
November 25th, 2009 at 4:06 am
I am working on my blog with regards to this sorry saga and have located a document which will be of interest to readers it is an AHA letter to AWINZ and located at http://www.awinz.co.nz/aha.pdf
November 25th, 2009 at 5:55 am
Halleluia and amen.
November 26th, 2009 at 4:44 am
I have started a new blog http://anticorruptionnz.wordpress.com,
have had interesting responses from the former trustees of AWINZ solicitor