Sepuloni Carmel; O'Connor GregThird ReadingHon CARMEL SEPULONI (Minister for Arts Culture and Heritage): I move That the Resale Right for Visual Artists Bill be now read a third time.It is a privilege to present this bill for its third reading. The Resale Right for Visual Artists Bill represents another significant step in this Government's commitment to creating more sustainable careers for visual artists. First I would like to acknowledge some of the people who have contributed to getting the bill across the line. I want to acknowledge the input of all members of this House the many members of the public who submitted during public consultation including artists themselves the Parliamentary Counsel Office and the work of the officials. I also want to as I did in an earlier speech acknowledge and thank the Social Services and Community Committee.Through this process I have heard directly from our artistic community who are thrilled and excited for this legislation as it will make a measurable difference to the way they are remunerated and recognised for the work they do. While this piece of legislation may not seem significant to some the benefits to New Zealand artists and their families are long-lasting. Getting to this stage has been a long work programme and I extend my thanks to everyone involved for their input and the work that has gone into getting us here today.At present those who buy and sell visual artwork on the secondary market make money on artworks when an artist's reputation grows. But currently none of this profit which is a result of the hard work and success achieved by the artist goes to the artists themselves. Under the Resale Right for Visual Artists bill this will change. This bill will establish an artist resale right in New Zealand meaning a 5 percent royalty payment will be collected each time an artist's eligible work is resold. In contrast to copyright this right is unable to be waivered or transferred away from the artists while they are living and so the right remains with the artist for their whole life. Beyond monetary compensation this bill acknowledges visual artists for the important contribution they make to the social and cultural identity of Aotearoa New Zealand. Over 80 countries around the world including Australia the United Kingdom and all European Union countries already have an artist resale royalty scheme and we know looking at these countries that the benefits of a resale scheme are far-reaching. For example from the commencement of Australia's scheme in June 2010 through to April 2022 A$11 million have been generated in royalties for visual artists. Aboriginal and Torres Strait Islander artists have benefited greatly representing 65 percent of the artists receiving royalties and receiving 68 percent of the total value of royalties.It is time that our talented artists receive these same rewards here in Aotearoa New Zealand. In designing the bill we have drawn on the insights and experiences from countries who have similar schemes in place. However Aotearoa New Zealand is a unique country with a diverse artistic community including our very rich and vibrant Māori and Pacific arts communities. The bill has been drafted to reflect this unique context by including the cultural expressions of Māori and Pacific peoples in its definition of visual art and through a series of other design features which seek to ensure Māori and Pacific artists benefit equitably from this scheme. These include the ability for the right to be held jointly which recognises the social structures within these communities and that Māori and Pacific artworks often have multiple creators and the ability for private sales to opt in as artworks by Māori and Pacific artists are more commonly sold privately than through the secondary art market. There's a requirement on the collection agency to acknowledge and respect the role of Māori as tangata whenua and provide culturally appropriate support. As well as receiving royalties when their artwork is sold in New Zealand visual artists will also be able to receive royalties when their eligible artworks are sold in countries which have reciprocating artist resale royalty schemes. For example New Zealand artists will be able to receive a royalty when their eligible artworks are sold in the United Kingdom.The scheme will also benefit others as well as the artists themselves. Under this bill artists' successors or beneficiaries can receive royalty payments for up to 50 years after the artist's death. This provides an intergenerational benefit and will mean an artist's successors including their whānau and iwi will be able to share in the artist's creative success.We have heard concerns that the introduction of a resale royalty scheme may negatively impact our secondary art market and that artworks may be sold overseas or on the black market to avoid paying a royalty. Similar concerns were raised when both the UK and Australian schemes were introduced. However there is no evidence that people have elected to sell overseas or via private sales so that they can avoid paying the royalty. Instead we have seen that in both the UK and Australia artist resale royalty schemes have contributed towards an increased transparency within the secondary art market and both these markets have grown while having an artist resale royalty scheme in place.Alongside this bill will sit supporting regulations which are needed to bring the bill into operation. These will set the threshold above which artworks become eligible for the scheme detail how the collection agency will collect and distribute royalties and set the percentage of each royalty the collection agency can deduct to administer the scheme. The regulations will also establish a cultural fund through which declined and unclaimed royalties can be used to benefit the wider artist community. Once the bill and regulations are in place the collection agency will be appointed and the relevant systems and processes will be put in place to enable the scheme to begin operating. I expect this to take between six to 12 months following the commencement of this bill.This bill has been a long time coming. The Copyright (Artists' Resale Right) Amendment Bill was first introduced to the House in 2008 but was unfortunately not enacted. It was brought back to the political agenda in 2019 as part of our clear commitment to the scheme and to Aotearoa New Zealand's visual artists.We had mentioned a couple of times during the committee stage that this is something that we have to do as part of our commitment through our trade agreements. I want to add that it is not just that; it is something that we actually want to do. We value our artists. We value the contribution that they do make. We want to support them and their whānau with their artistic careers so not only is this part of our commitment through free-trade agreements it is the right thing to do.I want to acknowledge the Hon Judith Tizard—I think it was the Hon Judith Tizard—who first attempted to do this back in 2008. I am sure she is watching now and cheering this piece of legislation on. What a privilege it is to stand before the House today some 15 years after the Hon Judith Tizard started this journey through Parliament. It is a privilege to be able to mark this milestone. I commend the Resale Right for Visual Artists Bill to the House.DEPUTY SPEAKER: The question is that the motion be agreed to.