Update from the NZIPP Board
NZIPP support all New Zealand photographers and recommend following Government advice at all times during the COVID-19 pandemic, including the new rules introduced on mass gatherings – no more than 500 people for outdoor events and no more than 100 for indoor events.
Those who breach the latest public health order are liable for penalties including up to six months’ imprisonment or a $4000 fine.
The Ministry of Business, Innovation and Employment (MBIE) has advised the NZIPP that photographers who have clients planning to go ahead with events believed to breach the public health order should contact the Ministry of Health to advise them. Their freephone number is 0800 855 066.
Event organisers have a social responsibility to ensure social distancing at events.
NZIPP encourages all photographers to talk to clients should you have concerns about attending and photographing events.
If you are using the NZIPP/AIPA/Clendons Law Terms and Conditions, clause 27 and 28 can be invoked:
27. HEALTH AND SAFETY
27.1 The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others. Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by the Photographer.
28. FORCE MAJEURE
28.1 Except for an obligation to pay money, neither the Client nor the Photographer shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of God, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside the Photographer’s control.
These Terms and Conditions are free to download and available on the NZIPP website. https://nzipp.org.nz/portrait-wedding-documents/
You always have the ability to cancel a contract with your clients, but depending on the circumstances you may need to refund clients’ deposits. If you do not use the NZIPP/AIPA/Clendons Law Terms and Conditions, and you are not sure what your contractual rights are, you are advised to call the Government’s Consumer Protection team, who advise on contract law. Their number is 0508 426 678.
MBIE advises that you also seek independent legal advice – a good starting point is to call your local community law centre, who can give you suggestions on how to proceed.