Finlayson Christopher: Questions for Oral Answer — Questions to Ministers 
Finlayson Christopher: Questions for Oral Answer — Questions to Ministers 
[Volume:638;Page:8748] 
11.  
CHRISTOPHER FINLAYSON (National) 
 to the  
Associate Minister for Arts Culture and Heritage 
: Does she stand by the Prime Minister’s statement that the Government “is honouring another election promise to examine international developments relating to resale royalties for artists and their possible application to New Zealand”? 
Hon JUDITH TIZARD (Associate Minister for Arts Culture and Heritage) 
: 
 As the joint issuer of that statement and on behalf of the Minister for Arts Culture and Heritage yes in 2005 the Labour Party as part of its arts culture and heritage election manifesto stated that it would examine developments internationally relating to resale royalties for visual artists and their possible application to New Zealand. Two weeks ago on 16 April the Government released a discussion paper inviting feedback on options for a resale royalty right. Submissions on this discussion paper close on 22 June and those submissions will assist the Government’s consideration of a possible resale royalty right scheme for visual artists. 
Christopher Finlayson 
: Can the Minister tell the House whether royalties will be paid to the person who painted the artwork or the person who signed the artwork? 
Hon JUDITH TIZARD 
: I suggest to all members interested in this issue that they look at the discussion paper and have a submission in by 22 June when the Government will consider the matter. 
Peter Brown 
: On a little bit more serious note is the Minister aware that many New Zealanders are of the belief that when a homeowner sells a painting to another homeowner a royalty will have to be paid; and if this is the case will the Minister explain how it will be policed and by whom? 
Hon JUDITH TIZARD 
: I suggest to all members that they read the discussion paper. The issue about whether private sales are dealt with is covered there. The issue remains that when a painting is sold commercially the dealer gallery gets a cut the auctioneer gets a cut and there is a practice in over 50 countries around the world that the artist’s copyright is also recognised. It is more a royalty and intellectual property right than a commission. 
Christopher Finlayson 
: Has the Minister received any advice from Crown Law on what criminal offence would be committed by someone obtaining monetary reward from resale royalties in circumstances where that person had signed an artwork she did not create? 
Madam SPEAKER 
: I think that is fairly broad of the general question but I call the Minister. 
Hon JUDITH TIZARD 
: No and particularly when no money was sought by anyone signing a particular work of course no royalty would apply. 
Christopher Finlayson 
: If it transpires that an artist’s works are devoid of any artistic merit so that they end up being resold for a pittance—or indeed are valueless—would the artist be required to pay compensation under a resale royalty scheme? 
Hon JUDITH TIZARD 
: I am very concerned that a speaker who claims to be interested in the arts is trivialising an important intellectual property debate. All I would say is that I would rather trust the Prime Minister’s artistic taste than that of most members of the National Party. 
Christopher Finlayson 
: If the Minister is so very concerned about payments to artists why does she not do something about the appalling royalties paid to writers by Radio New Zealand and Learning Media Ltd and the shambolic administration of the Authors’ Fund by Creative New Zealand? 
Hon JUDITH TIZARD 
: I disagree with the last assertion and representations have been passed on to the Minister of Broadcasting and the head of Radio New Zealand. I will continue to assert the rights of all creative workers in New Zealand to be properly paid for what they do.