Tag: New Zealand

• 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: Lessons from the Courts

  The art world thrives on trust. Dealers, artists and collectors often work together in relationships built on mutual understanding, and in that context, it seems that it is not uncommon for there to be no written record of what has been agreed. As we noted in a previous article on contracts in the art world,…
• 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,…
• Contracting out of/over/and alongside the Resale Rights for Visual Artists Act

  This article is part of an ongoing series on the Resale Rights for Visual Artists Act 2023. One notable feature of the Act is that it is drafted to make it easy for art market participants involved in transactions not captured by the Act to voluntarily opt into the royalty scheme it creates if they…
• Exporting objects under the Protected Objects Act 1975 – case studies

  In an earlier article we wrote about export restrictions applying to items of cultural and scientific significance under the Protected Objects Act 1975. As we saw, one of the functions of the Act is to prohibit the unauthorised export of “protected New Zealand objects” from New Zealand without permission from the chief executive of the…
• When Does a Sale Qualify for Royalties Under New Zealand’s Resale Right for Visual Artists Act?

  In a previous article, we explored the Resale Right for Visual Artists Act and the changes this is set to bring to New Zealand’s art market. While the Act is a milestone in recognizing artists’ ongoing stake in their work, it does not apply to all art, nor to all resales of art.  This article…
• 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…