Category: Art Law

• James Young and the Museum Robbery: New Zealand’s First Art-Theft Case?

  On 3 March 1866, the Supreme Court at Wellington dealt with a small, strange, and very early piece of New Zealand cultural heritage crime: R v James Young. Young pleaded guilty to burglary and housebreaking after property stolen from the Colonial Museum at Thorndon was recovered from behind the walls of an empty house. The…
• Suspicious Activity in the Art Market: Money Laundering Risk and Prevention

  Anti-money laundering and countering financing of terrorism obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 are now a familiar feature of commercial life in New Zealand and will be expected by most people when dealing with banks, lawyers, accountants, real estate agents and other such “reporting entities”.  Less familiar, perhaps, is…
• Lines Across History: Differing Approaches to Repatriation Claims in AU and NZ

  In June 2020 an Australian company made a relatively ordinary online purchase of a pre-Columbian artefact from a gallery in Colorado. Unfortunately, it transpired the object had been unlawfully exported from Bolivia over seventy years prior, and was seized on arrival at the Australian border.  What happened next was a long five year legal process…
• Contracts in the Art World: Should they be in writing?

  In an earlier article on basic concepts of contract law, we noted that contracts don’t need to be in writing to be binding. It is our experience that many deals between artists, galleries, dealers and collectors go undocumented. There are all sorts of reasons for this, but some see setting out a contract in writing…
• Contracts in the Art World: Basic Concepts

  In the art world, contracts are more than just legal formalities—they are crucial tools for protecting the rights, interests, and creative outputs of all parties involved. This is the first in a series of articles discussing contracts in the art world which will cover both the scope and role of contracts in this context, as…
• Inheritance of Resale Rights Under New Zealand’s Resale Rights for Visual Artists Act

  An artist’s resale right under New Zealand’s Resale Rights for Visual Artists Act is a form of personal property. It is inalienable during the artist’s lifetime, meaning it cannot be waived, assigned (eg sold, given, or otherwise transferred to someone else) or charged (used to secure a debt) while the artist is still alive. However,…
• Exporting objects under the Protected Objects Act 1975

  The Protected Objects Act 1975 is part of New Zealand’s legal response to the need to protect and preserve its material cultural heritage and comply with international obligations to assist other countries with the protection of theirs. The Act provides for the regulation of the export, import and restitution of certain culturally significant objects, broadly…
• What is Art Law?

  Art law encompasses legal principles applied to the art market, addressing contractual, intellectual property, and cultural heritage issues. It also touches on artwork insurance, commodification, artist legacies, market regulation, and crime. GCA Lawyers offer expertise in resolving these complex legal matters, ensuring clients’ rights and interests are protected in this evolving domain.