Glossary

(a) a person who carries on business as an auctioneer (within the meaning of section 5(3) of the Auctioneers Act 2013):

(b) an art dealer:

(c) an art consultant:

(d) the owner or operator of an art gallery that deals in visual artworks:

(e) any other person who is in the business of dealing in visual artworks.

Resale Royalties Aotearoa Toi Huarau (RRA) is the government appointed collection agency for the purposes of the ARR Scheme.

Use the checklists below to establish artist eligibilty:

Checklist 3.1 IF the artist is alive at the time the contract for resale is entered into:  is the artist:

• a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
• a citizen or subject of, or a person domiciled or resident in,  a “reciprocating country”

If you ticked either of these boxes, then the artist is an eligible artist. 

Checklist 3.2 IF the artist is deceased at the time the contract for resale is entered into:  at the time of their death was the artist: 

• a New Zealand Citizen, or a person domiciled or resident in New Zealand; or
• a citizen or subject of, or a person domiciled or resident in, a reciprocating country

If you ticked either of the above, then the deceased artist is an eligible artist.  Although the eligible artist is deceased, the resale right is held by their successor(s) (meaning the successor(s) are entitled to payment of the royalty, provided they meet the same criteria for eligibility (above).

Read more in our Criteria section.

For the purposes of the Act, the ARR  will expire 50 years from the end of the calendar year that an otherwise eligble artist has died.

A Publicly funded Art Gallery, Library, Archive or Museum

A qualifying resale where at least 1 person involved in the resale is an Art Market Professional or a GLAM.

In relation to an original  visual artwork, is a transfer of ownership but does not include the first transfer of ownership, irrespective of whether the first transfer of ownership was made for money or other consideration.

Artist Resale Royalty of 5% of Resale Price payable to an eligible artist each time there is a qualifying resale of an original visual artwork.

The Resale Right for Visual Artists Act 2023 and its regulations.

A Qualifying resale where both parties involved in the resale agree in writing that the resale is a Qualifying resale, what the resale royalty will be and who is responsible for providing the relevant information to RRA.

The following steps must be true to meet the “Qualifying resale” criteria:

• The resale value must be $2,000 NZD (excl. GST) or greater
• The contract for the resale must be entered into on or after the commencement date of the Act (1^st December 2024)
• The sale must be a “Professional Resale” or a “Voluntary Qualifying Resale“

Read more in our Criteria section.

Checklist 2.1:  If any of the following boxes are checked, the work is a “visual artwork”:  

• cultural expressions of Māori or Pacific peoples
• ethnic or cultural art that is a variation of any of the below;
• painting, drawing, carving, engraving, etching, lithography, woodcutting, printing (including a book of prints) ;
• sculpture, collage, modelling;
• craftwork, ceramics, glassware, jewellery, textiles, weaving, metalware, furniture;
• photography or video art;
• multimedia art;
• art created using computers or other electronic devices.

However, visual artwork does not include:

• a building; or
• a dramatic or musical work; or
• a literary work, unless it is a compilation that includes a visual artwork.

Checklist 2.2: To be an “original”, the visual artwork must have been:

• Created by, or under the authority of, the artist; or
• One of a limited number of copies of visual artwork made by that artist or under their authority.

Read more in our Criteria section

Section 10 of the Act says that “resale value” means: “the value of the consideration given for the visual artwork under the contract for resale”. 

This may include:

• the amount paid in New Zealand dollars;  
• the value of goods and/or services paid in kind;  
• (if paid in another currency), the amount converted to NZD at the date of payment.   

It does not include:

• goods and services tax (GST; or
• duties, levies, or taxes (etc) under the Customs and Excise Act 2018; or
• “any costs associated with the resale, for example, a commission or a buyer’s premium” 

At the time of publication this includes Australia and the United Kingdom.