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Kiwis to ease ban on parallel imports

Australian distributors and cinema operators are studying the implications of a proposed relaxation of the ban on the parallel importing of films and DVDs in New Zealand.

The Kiwi government has introduced legislation to reduce the duration of the ban from nine months after a film’s first international release, typically in the US, to five months.

The amendments would come into effect on October 31 and last for three years. The ban applies to importing films for commercial use and does not prevent consumers from importing films for personal use.

Australian executives say that limiting the ban to five months will have no impact on most films which are released across the Tasman day-and-date with Australia.

But it will mean the traditional four-month window between theatrical release and home entertainment in New Zealand will be shorter for some films.

As one of the first examples, Sony is opening Roland Emmerich’s White House Down in NZ on September 6 and the title will be released on DVD and Blu-ray on November 27, five months after it bowed in the US.

That could have repercussions eventually in Australia, where some distributors and producers are pressing for a reduction in the four-month gap, which the major chains are adamant must not change.

One Kiwi distributor told IF he will be forced to release some films earlier than he had planned due to the relaxation of the ban. The legislation has broad party support as MPs argued that the gap between theatrical and home entertainment should no longer be so out of kilter with the US.

The government stated: “A ban of 9 months is no longer necessary because the gap between New Zealand film release dates and international release dates has reduced since the ban was originally imposed (in 1994). Five months will protect the cinematic screening of films from competition with parallel imports and provide sufficient time for film distributors to determine appropriate release dates for films.

“The ban will be extended for 3 years because this will give the film industry time to finish converting to digital exhibition technology and ensure that the film distribution model reflects developments in the market for films, particularly online.”

Consumer NZ called for the ban on parallel imports to be allowed to lapse, claiming the ban “unnecessarily limits consumer access to the latest films. “Lifting the ban will give consumers better access to the latest films as distributors will face competition from parallel imports if cinema releases are delayed," it said. "Consumers will also have access to newly released DVDs earlier and potentially at more competitive prices.”

The New Zealand Motion Picture Exhibitors Association, repping indie exhibs, the Motion Picture Distributors Association and Home Entertainment Association of New Zealand advocated a ban of six months and the New Zealand Film Commission suggested 3-6 months.

The Video Dealers Association urged the ban continue with the nine-month window.

 

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