Art to Date, December 2022

Art to Date

Joanna Margaret Paul untitled

Charles Ninow Director of Art charles@webbs.co.nz +64 21 053 6504

Adrienne (AD) Schierning Head of Art ad@webbs.co.nz +64 27 929 5609

Tasha Jenkins Specialist, Art tasha@webbs.co.nz +64 22 595 5610

Julian McKinnon Content & Research julian@webbs.co.nz +64 21 113 5001

Charles Tongue Valuations Specialist valuations@webbs.co.nz +64 22 406 5514

Hannah Crichton Registrar, Art registrar@webbs.co.nz +64 9 529 5609

Jo Bragg Administrator, Art art@webbs.co.nz +64 9 529 5609

wellington

Mark Hutchins-Pond Specialist, Art mark@webbs.co.nz +64 4 555 6001

Kia ora koutou, nau mai haere mai ki te Hakihea Art to Date, welcome to our December Art to Date catalogue.

Webb’s is proud to present our final art catalogue of 2022, after what has been a whirlwind year. Highlights from the year include our highly successful special single owner and themed auctions Don Binney: Observer, Goods and Services and The Group. These were followed by the monumental set of auctions of the Bank of New Zealand Art Collection, which provided an amazing opportunity to work with an esteemed collection and create a slew of records. We are pleased to conclude this year’s success with our outstanding catalogues for the November Works of Art and December Art to Date sales.

The Art to Date catalogue has a fantastic offering of works from a range of practitioners. With close to 200 lots in the main catalogue, the works span mediums and price points and offer something for both new and seasoned collectors alike. Highlighted within the catalogue is a section of dynamic paintings

on book covers and Perspex by Sam Mitchell, and a group of beautifully intricate works on paper by artist John Bevan Ford.

We continue with our special Select addition to the Art to Date catalogue — an offering of works chosen by our specialists. These ‘staff picks’ feature stand-out works that have been paired together by the team, giving a new perspective on the works. There is a fantastic range within this offering, from a very contemporary photographic portrait by Yvonne Todd, to a beautiful 1960s work on paper by Theo Schoon.

As always, we are thrilled to present these works and catalogue, and encourage you get in touch if we can assist with anything at all. We wish you all a wonderful festive season and look forward to welcoming you back in 2023 for what is already shaping up to be an exciting year at Webb’s.

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1 Judy Millar Flip (Pink) 2013 screenprint on paper, 1/10 signed, dated and title inscribed 560 × 760mm

est $1,000 — $2,000

4 Tracey Tawhaio untitled acrylic and pastel on newspaper 580 × 400mm

est $500 — $1,000

2 Judy Millar Flip (Green) 2013 screenprint on paper, 1/10 signed, dated and title inscribed 560 × 760mm

est $1,000 — $2,000

5 Tracey Tawhiao untitled acrylic and pastel on newspaper 580 × 400mm

est $500 — $1,000

3 Judy Millar Flip (Violet) 2013 screenprint on paper, 1/10 signed, dated and title inscribed 560 × 760mm

est $1,000 — $2,000

6 Tracey Tawhiao untitled acrylic and pastel on newspaper 580 × 400mm

est $500 — $1,000

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7 Joanna Margaret Paul Landscape writing itself: KAKATAHI 1989

coloured pencil and watercolour on paper signed, dated and title inscribed 260 × 290mm est $1,500 — $3,000

8 Joanna Margaret Paul Fond Human Enclosures 1989 coloured pencil and watercolour on paper signed, dated and title inscribed 270 × 290mm est $1,500 — $3,000

9 Joanna Margaret Paul untitled coloured pencil and watercolour on paper signed and dated 275 × 370mm est $1,500 — $3,000

10 Joanna Margaret Paul Skyline Cooks Garden (Wanganui) coloured pencil and watercolour on paper signed, dated and title inscribed 276 × 370mm

est $1,500 — $3,000

11 Adele Younghusband Auckland Landscape 1958 coloured pencil and ink on paper signed, dated and title inscribed 200 × 260mm est $2,000 — $4,000

12 Adele Younghusband Eastern beach 1958 coloured pencil and ink on paper signed, dated and title inscribed 140 × 200mm est $2,000 — $4,000

13 Olivia Spencer Bower untitled c1960 watercolour on paper signed 400 × 650mm est $5,600 — $8,000

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14 Russell Clark

Native Canoes, Savo Island watercolour and ink on paper signed and title inscribed 350 × 450mm

est $4,000 — $6,000

18 Pat Hanly

Love Scene B 1968 relief print on paper, 6/26 signed, dated and title inscribed 495 × 520mm

est $1,000 — $2,000

15 Olivia Spencer Bower untitled 1976 watercolour on paper signed and dated 300 × 400mm

est $2,100 — $4,000

19 Ralph Hotere Founders Theatre Poster 1970 ink on paper signed, dated and title inscribed 410 × 325mm

est $3,000 — $5,000

16 Pat Hanly No Nuclear Weapons in the Pacific (Fire Series) 1983 graphite on paper signed, dated and title inscribed 580 × 590mm

est $4,000 — $8,000

20 Ralph Hotere

Avignon Girl with a Hat 1978 ink on paper signed, dated and title inscribed 285 × 190mm

est $4,000 — $8,000

17 Philip Clairmont Portrait of an Unhappy Masochist (Homage to Bosch and Tony F) c1977 graphite and ink on paper signed and title inscribed 715 × 1080mm

est $15,000 — $20,000

21 Philip Clairmont untitled c1970s pastel and watercolour on paper 1090 × 710mm

est $12,000 — $16,000

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22 Don Binney Swoop of the Kotare 1980 screenprint on paper, 27/175 signed, dated and title inscribed 640 × 480mm

est $15,000 — $25,000

23 Don Binney Manunui Otakamiro 2010 screenprint on paper, 48/80 signed, dated and title inscribed 520 × 360mm

est $18,000 — $26,000

24 Don Binney Grackle I Vera Crus 1970 screenprint on paper 615 × 455mm

est $3,000 — $5,000

25 Don Binney

Motutapu Takahe Release III 2012 screenprint on paper, printers’ proof title inscribed 450 × 620mm

est $3,000 — $6,000

26 Michael Smither

Untitled (Motumahanga) c1985 screenprint on paper, 34/45 signed and dated 640 × 500mm

est $1,500 — $2,000

27 Michael Smither untitled 1984 screenprint on paper, artist’s proof signed and dated 370 × 600mm

est $1,000 — $2,000

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28 Gordon Walters Genealogy III 1971. printed 2020 screenprint on paper, 58/100 indented with Walters Estate blindstamp 1055 × 805mm

est $10,000 — $15,000

29 Gordon Walters Tahi 1969. printed 2021 screenprint on paper, edition of 100 indented with Walters Estate blindstamp 1055 × 800mm

est $8,000 — $12,000

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30 Gordon Walters Tiki 1966. printed 2022 screenprint on paper, edition of 100 indented with Walters Estate blindstamp 1055 × 800mm

est $8,000 — $12,000

31 Ralph Hotere Pou o Te Rangi 1965 screenprint on paper, 2/10 signed and dated 990 × 720mm

est $5,000 — $10,000

32 Sam Mitchell Reproof 2010 acrylic on Perspex signed, dated and title inscribed 615 × 610mm

est $4,000 — $6,000

33 Sam Mitchell untitled 2006 acrylic on Perspex signed, dated and title inscribed 360 × 290mm

est $2,000 — $5,000

Sam Mitchell is a highly-regarded contemporary artist, known for her illustrative paintings. Frequently rendered in a psychedelic palette, Mitchell’s work could be described as portraiture — though is far from typical. Blue skinned figures with geometric patterning, pop-cultural imagery and floral motifs across their faces feature throughout the artist’s output.

In terms of the associations that Mitchell’s work speaks to, street art is as much a part of the conversation as Western art history; her work features visual nods to the Vienna succession and pop art as much as to comic book and sci-fi illustration, tattoo parlours, and the visual extravaganza of Mexico’s Day of the Dead. Mitchell takes this cluster of visual touchstones, and creates a distinctive aesthetic of her own.

This catalogue features a number of the artist’s works, including acrylic paintings on perspex, glass, and on book covers. Each of the works has been created with characteristic imaginative flair and wry humour, depicting close up faces of women, a baboon and a bat. In the case of Slong from 2012, the work features a full illustration of a North American Blue Jay bird. Vibrant colours and precise brushwork give each of the characters in the works an eyecatching quality.

Mitchell is a mid-career artist whose work has already realised considerable recognition and critical acclaim — the selection of her work in this catalogue provides ample evidence as to why. Yet, for Mitchell, much still lays ahead.

34 Sam Mitchell Slong 2012 acrylic on book cover signed, dated and title inscribed 220 × 280mm

est $2,000 — $4,000

35 Sam Mitchell Ba-Boom 2009 acrylic on book cover signed, dated and title inscribed 235 × 335mm

est $2,000 — $4,000

36 Sam Mitchell Starfish 2014 acrylic on book cover signed, dated and title inscribed 220 × 305mm

est $2,000 — $4,000

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37 Séraphine Pick Blue Man 2017 watercolour on paper signed and dated 250 × 190mm est $4,000 — $8,000

38 Francis Upritchard Harlequin Head 2014 digital pigment print on paper, 16/115 signed 480 × 330mm est $2,000 — $4,000

39 Séraphine Pick And Be With You (study) 2009 acrylic on paper signed and dated 280 × 550mm est $13,000 — $15,000

40 Dick Frizzell untitled 1998 acrylic on canvas signed and dated 850 × 1650mm est $10,000 — $20,000

41 Michael Smither untitled 1997 oil on board signed and dated 300 × 370mm est $4,000 — $6,000

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42 Dick Frizzell untitled 1994 oil on board 1825 × 810mm

est $6,000 — $10,000

44 Rob Tucker Kitchen Aid Mixer 2011 acrylic, oil and pastel on board signed and dated 395 × 395mm

est $2,000 — $4,000

46 Rob Tucker Kitchen Aid Blender 2010 acrylic, oil and pastel on board signed and dated 395 × 395mm

est $2,000 — $4,000

43 Dick Frizzell untitled 1994 oil on board 1825 × 810mm

est $6,000 — $10,000

45 Rob Tucker Kitchen Aid Toaster 2010 acrylic, oil and pastel on board signed and dated 395 × 395mm

est $2,000 — $4,000

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47 Michael Smither Harmonic Gateway 2001 arcylic on shells on canvas signed, dated and title inscribed 1750 × 300mm (each panel)

est $5,000 — $8,000

62 Kushana Bush Half Egyptian Coddle 2010 gouache and graphite on paper signed, dated and title inscribed 760 × 560mm

est $5,000 — $7,000

63 Peter Siddell Harbour City 2009 digital print, 2/20 signed, dated and title inscribed 400 × 240mm

est $3,000 — $4,000

64 Tom Mutch untitled 2006 graphite on paper signed and dated 990 × 750mm

est $700 — $1,400

65 John Pule Restless Spirit 2000 lithograph on paper, artist’s proof signed, dated and title inscribed 760 × 565mm

est $1,000 — $2,000

66 Paul Hartigan Don’t Worry it’s Only Money 1992 digital print, 7/20 signed, dated and title inscribed 250 × 450mm

est $800 — $1,600

67 Terry Stringer Receding Picture 1981 acrylic on aluminium signed and dated 220 × 180mm

est $800 — $1,200

68 Philip Clairmont Nude 1979 linocut on paper, 21/30 signed, dated and title inscribed 740 × 495mm

est $1,000 — $1,500

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69 Philip Clairmont Sitting Nude acrylic and linocut on paper 175 × 145mm

est $3,000 — $6,000

73 Ralph Hotere Waikato Art Gallery 1973 lithograph on paper signed, dated and title inscribed 450 × 550mm

est $6,000 — $8,000

70 Sara Hughes Weft 2003 acrylic on canvas signed, dated and title inscribed 1200 × 1200mm

est $4,000 — $7,000

74 Philippa Blair Cock-a-Doodle-do 1988 pastel on paper signed and dated 830 × 580mm

est $800 — $1,200

71 Pat Hanly Woman & Bouquet 1995 screenprint on paper, 6/50 signed, dated and title inscribed 340 × 430mm

est $5,000 — $8,000

75 Julia Morison Flotsam & Jetsam IV 2006 etching on paper, 17/20 signed 290 × 240mm

est $1,000 — $2,000

72 Jeffrey Harris Second Chance Thank you Colin 1976 pastel on paper signed, dated and title inscribed 355 × 420mm

est $1,500 — $2,500

76 Jeffrey Harris The Party 1971 etching on paper signed, dated and title inscribed 300 × 170mm

$2,500

John Bevan Ford’s ink drawings are spectacularly detailed and often very colourful. Many of his works depict birds, fish and other recognisable forms in a unique, graphic style. Ford’s work is notable for the use of distinctive linear patterns that reference his knowledge of traditional carving, though his work also speaks to modernist and contemporary artistic concerns.

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Ford was born in 1930 of Ngāti Raukawa descent. He trained in traditional whakairo, before engaging with the contemporary Māori art movement, which later became Ngā Puna Waihanga (the Māori Artists and Writers Association). He trained as a teacher, and developed an exceptional knowledge of Western Art to supplement his traditional knowledge. Ford was extensively involved in arts education throughout his life, and notably, was Senior Lecturer in Māori Arts at Massey University from 1974 through 1988.

This catalogue includes an excellent suite of Ford’s ink drawings. These exquisite pieces showcase the best of Ford’s distinguished practice, beautifully depicting birds, figures and landscapes in his distinctive style. Ford’s comprehensive art knowledge is evident in his skilfully balanced compositions and palettes.

Ford died in 2005. In his lifetime, he achieved international acclaim, and a significant range of public and private collections hold examples of his work, including Te Papa Tongarewa and the British Museum. As an important figure in the development of contemporary Māori art, his work holds enduring significance to the story of art in Aotearoa.

77 John Bevan Ford untitled ink on paper signed 560 × 755mm

est $2,000 — $4,000

78 John Bevan Ford

Te Aitanga a Kuva Somes People & Places of the Pacfic Rim Tatau Tataui (Together) 1996 ink on paper signed 470 × 640mm

est $2,000 — $4,000

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79 John Bevan Ford We all Have our Legends ink on paper signed 750 × 550mm

est $2,000 — $4,000

80 John Bevan Ford Hawk on Branch 1997 ink on paper signed 380 × 570mm

est $2,000 — $4,000

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81 John Bevan Ford untitled ink on paper signed 740 × 490mm

est $2,000 — $4,000

82 John Bevan Ford Flying Past the Things that Grow ink on paper signed 640 × 460mm

est $2,000 — $4,000

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83 Ian Scott Lattice, 6 1978 acrylic on paper 430 × 430mm

est $3,000 — $5,000

est $1,000 — $2,000

86 Darryn George Bartholomew/Patoromu 2004 oil on canvas signed, dated and title inscribed 400 × 400mm est $2,400 — $5,000

87 Ralph Hotere Round Midnight ‘October’ 2000 lithograph on paper, 13/24 signed, dated and title inscribed 560 × 760mm est $7,000 — $10,000

88 Ralph Hotere Aramoana 1990 lithograph on paper, 33/40 signed and dated 530 × 695mm

est $4,000 — $6,000

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89 Ralph Hotere Round Midnight ‘July’ 2000 lithograph on paper, 13/24 signed, dated and title inscribed 560 × 760mm

est $7,000 — $10,000

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90 Ralph Hotere Round Midnight ‘March’ 2000 lithograph on paper, 13/24 signed, dated and title inscribed 557 × 776mm

est $7,000 — $10,000

91 Ralph Hotere Round Midnight ‘February’ 2000 lithograph on paper, 13/24 signed, dated and title inscribed 560 × 760mm

est $7,000 — $10,000

92 Ralph Hotere Round Midnight 2002 lithograph on paper signed, dated and title inscribed 560 × 760mm

est $8,000 — $12,000

101 Peter Wheeler untitled 2000 oil on canvas signed and dated 1680 × 1950mm

est $3,000 — $6,000

102 Miranda Parkes Keeper 2007 acrylic on canvas signed, dated and title inscribed 1000 × 1000 × 200mm (widest points)

est $4,000 — $6,000

103 Trevor Moffitt Art School in Japan 1995 oil on board signed and dated 580 × 580mm

est $8,000 — $16,000

104 Trevor Moffitt Artificial Squid 1990 oil on board signed and dated 590 × 590mm

est $10,000 — $20,000

105 Trevor Moffitt Adele No 2 1997 oil on board signed, dated and title inscribed 880 × 680mm

est $4,000 — $6,000

106 Trevor Moffitt After 1977 oil on board signed and dated 900 × 900mm

est $7,000 — $9,000

107 Trevor Moffitt Heather No 2 1978 oil on board signed, dated and title inscribed 1180 × 600mm

est $8,000 — $10,000

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109 Bill Hammond Study 1998 ink on paper signed, dated and title inscribed 750 × 540mm est $18,000 — $25,000

110 Michael Parekōwhai Mare Tranquillitatis: Sea of Tranquility 2007 C-type print 190 × 140mm est $3,000 — $5,000

111 Bill Hammond Proto screenprint on paper, artists’ proof signed, dated and titled inscribed 600 × 415mm est $2,000 — $3,000

112 Bill Hammond untitled screenprint on paper, 7/50 signed 290 × 200mm est $3,000 — $5,000

121 Roberta Thornley Float 2009 archival print, 1/3 680 × 750mm

est $1,000 — $3,000

122 Zhan Yang untitled oil on canvas 500mm (diameter)

est $3,000 — $6,000

123 Cruz Jimenez Shadows 2006 encaustic over board dated and title inscribed 1800 × 1600mm

est $1,500 — $3,000

124 Ralph Hotere & Mary McFarlane Barcelona 1998 burnished steel, acrylic, kauri and metal signed, dated and title inscribed 915 × 1155mm

est $15,000 — $22,500

125 Jason Grieg Into the Void 1988 charcoal on paper signed, dated and title inscribed 250 × 300mm

est $2,000 — $5,000

126 Martin Selman B65D III 2010 Carrara marble 880 × 350mm

est $4,000 — $8,000

127 Andrew Beck untitled gelatin silver print 1480 × 995mm

est $12,000 — $16,000

134 Toss Woollaston Pah Hill oil on board signed 335 × 600mm

est $22,000 — $30,000

135 Trevor Moffitt Rakaia River Series No73 1984 oil on board signed and dated 600 × 900mm

est $8,000 — $16,000

140 Colin McCahon

15 Drawings offset lithograph on paper 255 × 182mm (each panel)

est $13,000 — $16,000

141 Max Gimblett Remembrance 2015 screenprint on brass 250 × 250mm (widest points)

est $1,500 — $2,500

142 Max Gimblett Remembrance screenprint on brass 250 × 250mm (widest points)

est $1,500 — $2,500

143 Max Gimblett Remembrance screenprint on brass 250 × 250mm (widest points)

est $1,500 — $2,500

144 Michael Smither untitled 1960 acrylic on paper signed and dated 460 × 450mm

est $2,000 — $4,000

145 Tony Lane Dolorossa 1993 oil and silver leaf on board signed, dated and title inscribed 600 × 1000mm

est $8,000 — $12,000

146 Colin Wheeler Limestone Country 1988 oil on board signed and dated 675 × 675mm

est $3,000 — $4,000

147 Colin Wheeler Hills at Ardgowan 1990 oil on board signed and dated 555 × 585mm

est $1,800 — $2,800

148 Mike Petre untitled 2001 ink, pastel, graphite and acrylic on paper signed and dated 235 × 210mm

est $3,000 — $6,000

149 Mike Petre untitled acrylic on canvas 1100 × 1400mm

est $12,000 — $14,000

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Terms and Conditions

The terms and conditions of sale listed here contain the policies of Webb’s (Webb Fine Art). They are the terms on which Webb’s (Webb Fine Art) and the Seller contract with the Buyer. They may be amended by printed Saleroom Notices or oral announcements made before and during the sale. By bidding at auction you agree to be bound by these terms.

upon as a true representation of colour or condition. Images are not shown at a standard scale. Mention is rarely made of frames (which may be provided as supplementary images on the website) which do not form part of the lot as described in the printed catalogue. An item bought “on Extension” must be paid for in full before it will be released to the purchaser or his/her agreed expertising committee or specialist. Payments received for such items will be held “in trust” for up to 90 days or earlier, if the issue of authenticity has been resolved more quickly. Extensions must be requested before the auction.

Foreign buyers should note that all transactions are in New Zealand Dollars so there may be a small exchange rate risk. The costs associated with acquiring a good opinion or certificate will be carried by the purchaser. If the item turns out to be forged or otherwise incorrectly described, all reasonable costs will be borne by the vendor.

3. Buyers Responsibility

All property is sold “as is” without representation or warranty of any kind by Webb’s or the Seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the catalogue by requesting a condition report.

No lot to be rejected if, subsequent to the sale, it has been immersed in liquid or treated by any other process unless the Auctioneer’s permission to subject the lot to such immersion or treatment has first been obtained in writing.

4.5. Absentee Bids

Webb’s will use reasonable efforts to execute written bids delivered to us AT LEAST 24 Hours before the sale for the convenience of those clients who are unable to attend the auction in person. If we receive identical written bids on a particular lot, and at the auction these are the highest bids on that lot, then the lot will be sold to the person whose written bid was received and accepted first. Execution of written bids is a free service undertaken subject to other commitments at the time of the sale and we do not accept liability for failing to execute a written bid or for errors or omissions which may arise. It is the bidder’s responsibility to check with Webb’s after the auction if they were successful. Unlimited or “Buy” bids will not be accepted.

4.6. Telephone Bids

1. Background to the Terms used in these Conditions

The conditions that are listed below contain terms that are used regularly and may need explanation. They are as follows:

“the Buyer” means the person with the highest bid accepted by the Auctioneer.

“the Lot” means any item depicted within the sale for auction and in particular the item or items described against any lot number in the catalogue.

“the Hammer price” means the amount of the highest bid accepted by the auctioneer in relation to a lot.

“the Buyer’s Premium” means the charge payable by the Buyer to the auction house as a percentage of the hammer price.

“the Reserve” means the lowest amount at which Webb’s has agreed with the Seller that the lot can be sold.

“Forgery” means an item constituting an imitation originally conceived and executed as a whole, with a fraudulent intention to deceive as to authorship, origin, age, period, culture or source, where the correct description as to such matters is not reflected by the description in the catalogue. Accordingly, no lot shall be capable of being a forgery by reason of any damage or restoration work of any kind (Including re-painting).

“the insured value” means the amount that Webb’s in its absolute discretion from time to time shall consider the value for which a lot should be covered for insurance (whether or not insurance is arranged by Webb’s).

All values expressed in Webb’s catalogues (in any format) are in New Zealand Dollars (NZD$). All bids, “hammer price”, “reserves”, “Buyers Premium” and other expressions of value are understood by all parties to be in New Zealand Dollars (NZD$) unless otherwise specified.

2. Webb’s Auctions as Agent

Except as otherwise stated, Webb’s acts as agent for the Seller. The contract for the sale of the property is therefore made between the Seller and the Buyer.

3.

3.1.

Before the Sale

Examination of Property

Prospective Buyers are strongly advised to examine in person any property in which they are interested before the Auction takes place. Neither Webb’s nor the Seller provides any guarantee in relation to the nature of the property apart from the Limited warranty in the paragraph below. The property is otherwise sold “AS IS”

2. Catalogue and Other Descriptions

All statements by Webb’s in the catalogue entry for the property or in the condition report, or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by Webb’s of any kind. References in the catalogue entry to the condition report to damage or restoration are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Neither Webb’s nor The Seller is responsible for any errors or omissions in the catalogue or any supplemental material.

Images are measured height by width (sight size). Illustrations are provided only as a guide and should not be relied

4. At the Sale

4.1. Refusal of Admission

Webb’s reserves the right at our complete discretion to refuse admission to the auction premises or participation in any auction and to reject any bid.

4.2. Registration Before Bidding

Any prospective new buyer must complete and sign a registration form and provide photo identification before bidding. Webb’s may request bank, trade or other financial references to substantiate this registration.

4.3.

Bidding as a Principal

When making a bid, a bidder is accepting personal liability to pay the purchase price including the buyer’s premium and all applicable taxes, plus all other applicable charges, unless it has been explicitly agreed in writing with Webb’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Webb’s and that Webb’s will only look to the principal for payment.

4.4.

International Registrations

All International clients not known to Webb’s will be required to scan or fax through an accredited form of photo identification and pay a deposit at our discretion in cleared funds into Webb’s account at least 24 hours before the commencement of the auction. Bids will not be accepted without this deposit. Webb’s also reserves the right to request any additional forms of identification prior to registering an overseas bid.

This deposit can be made using a credit card, however the balance of any purchase price in excess of $5,000 cannot be charged to this card without prior arrangement.

This deposit is redeemable against any auction purchase and will be refunded in full if no purchases are made.

Priority will be given to overseas and bidders from other regions. Please refer to the catalogue for the Telephone Bids form. Arrangements for this service must be confirmed AT LEAST 24 HOURS PRIOR to the auction commencing. Webb’s accepts no responsibility whatsoever for any errors or failure to execute bids. In telephone bidding the buyer agrees to be bound by all terms and conditions listed here and accepts that Webb’s cannot be held responsible for any miscommunications in the process. The success of telephone bidding cannot be guaranteed due to circumstances that are unforeseen. Buyers should be aware of the risk and accept the consequences should contact be unsuccessful at the time of Auction. You must advise Webb’s of the lots in question, and you will be assumed to be a buyer at the minimum price of 75% of estimate (i.e. reserve) for all such lots. Webb’s will advise Telephone Bidders who have registered at least 24 hours before the auction of any relevant changes to descriptions, withdrawals, or any other sale room notices.

4.7. Online Bidding

Webb’s offers an online bidding service. When bidding online the buyer agrees to be bound by all terms and conditions listed here by Webb’s. Webb’s accepts no responsibility for any errors, failure to execute bids or any other miscommunications regarding this process. It is the online bidder’s responsibility to ensure the accuracy of the relevant information regarding bids, lot numbers and contact details. Webb’s does not charge for this service.

4.8. Reserves

Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price below which the Lot will not be sold.

The reserve will not exceed the low estimate printed in the catalogue. The auctioneer may open the bidding on any Lot below the reserve by placing a bid on behalf of the Seller. The auctioneer may continue to bid on behalf of seller up to the amount of the reserve, either by placing consecutive bids or by placing bids in response to other bidders.

4.9.

Auctioneers Discretion

The Auctioneer has the right at his/her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he/she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case or error or dispute and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any

dispute arises after the sale, then Webb’s sale record is conclusive.

4.10.

Successful Bid and Passing of Risk

Subject to the auctioneer’s discretion, the highest bidder accepted by the auctioneer will be the buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the lot (including frames or glass where relevant) passes immediately to the Buyer.

4.11. Indicative Bidding Steps, etc.

Webb’s reserves the right to refuse any bid, withdraw any lot from sale, to place a reserve on any lot and to advance the bidding according to the following indicative steps:

Increment Dollar Range Amount

$20 $0–$500 $50 $500–$1,000 $100 $1,000–$2,000 $200 $2,000–$5,000 $500 $5,000–$10,000

$1,000 $10,000–$20,000 $2,000 $20,000–$50,000

$5,000 $50,000 – $100,000 $10,000 $100,000–$200,000 $20,000 $200,000–$500,000 $50,000 $500,000–$1,000,000

Absentee bids must follow these increments and any bids that don’t follow the steps will be rounded up to the nearest acceptable bid.

5. After the Sale

5.1.

Buyers Premium

In addition to the hammer price, the buyer agrees to pay to Webb’s the buyer’s premium. The buyer’s premium is 19.5% of the hammer price plus GST. (Goods and Services Tax) where applicable.

5.2.

Payment and Passing of Title

The buyer must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable taxes and GST) not later than 2 days after the auction date.

The buyer will not acquire title to the lot until Webb’s receives full payment in cleared funds, and no goods under any circumstances will be released without confirmation of cleared funds received. This applies even if the buyer wishes to send items overseas.

Payment can be made by direct transfer, cash (not exceeding NZD$5,000, if wishing to pay more than NZD$5,000 then this must be deposited directly into a Bank of New Zealand branch and bank receipt supplied) and EFTPOS (please check the daily limit). Payments can also be made by credit card in person with a 2.2% merchant fee for Visa and Mastercard and 3.3% for American Express. Invoices that are in excess of $5,000 and where the card holder is not present, cannot be charged to a credit card without prior arrangement. Bank cheques are subject to five days clearance.

The buyer is responsible for any bank fees and charges applicable for the transfer of funds into Webb’s account.

5.3.

Collection of Purchases & Insurance

Webb’s is entitled to retain items sold until all amounts due to us have been received in full in cleared funds.

Subject to this, the Buyer shall collect purchased lots within 2 days from the date of the sale unless otherwise agreed in writing between Webb’s and the Buyer.

At the fall of the hammer, insurance is the responsibility of the purchaser.

5.4. Packing, Handling and Shipping Webb’s will be able to suggest

removals companies that the buyer can use but takes no responsibility whatsoever for the actions of any recommended third party. Webb’s can pack and handle goods purchased at the auction by agreement and a charge will be made for this service. All packing, shipping, insurance, postage & associated charges will be borne by the purchaser.

5.5.

Permits, Licences and Certificates

Under The Protected Objects Act 1975, buyers may be required to obtain a licence for certain categories of items in a sale from the Ministry of Culture & Heritage, PO Box 5364, Wellington.

5.6.

Remedies for Non-Payment

If the Buyer fails to make full payment immediately, Webb’s is entitled to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available under the law)

5.6.1. to charge interest at such a rate as we shall reasonably decide.

5.6.2. to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery along with interest, legal fees and costs to the fullest extent permitted under applicable law.

5.6.3. to cancel the sale.

5.6.4. to resell the property publicly or privately on such terms as we see fit.

5.6.5. to pay the Seller an amount up to the net proceeds payable in respect of the amount bid by the defaulting Buyer. In these circumstances the defaulting Buyer can have no claim upon Webb’s in the event that the item(s) are sold for an amount greater than the original invoiced amount.

5.6.6. to set off against any amounts which Webb’s may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer.

5.6.7. where several amounts are owed by the Buyer to us, in respect of different transactions, to apply any amount paid to discharge any amount owed in respect of any particular transaction, whether or not the Buyer so directs.

5.6.8. to reject at any future auction any bids made by or on behalf of the Buyer or to obtain a deposit from the Buyer prior to accepting any bids.

5.6.9. to exercise all the rights and remedies of a person holding security over any property in our possession owned by the Buyer whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The Buyer will be deemed to have been granted such security to us and we may retain such property as collateral security for said Buyer’s obligations to us.

5.6.10. to take such other action as Webb’s deem necessary or appropriate.

If we do sell the property under paragraph (4), then the defaulting Buyer shall be liable for payment of any

5.7.

deficiency between the total amount originally due to us and the price obtained upon reselling as well as for all costs, expenses, damages, legal fees and commissions and premiums of whatever kinds associated with both sales or otherwise arising from the default.

If we pay any amount to the Seller under paragraph (5) the Buyer acknowledges that Webb’s shall have all of the rights of the Seller, however arising, to pursue the Buyer for such amount.

Failure to Collect Purchases

Where purchases are not collected within 2 days from the sale date, whether or not payment has been made, we shall be permitted to remove the property to a warehouse at the buyer’s expense, and only release the items after payment in full has been made of removal, storage handling, insurance and any other costs incurred, together with payment of all other amounts due to us.

6. Extent of Webb’s Liability

Webb’s agrees to refund the purchase price in the circumstances of the Limited Warranty set out in paragraph 7 below. Apart from that, neither the Seller nor we, nor any of our employees or agents are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lots. Except as stated in paragraph 7 below, neither the Seller, ourselves, our officers, agents or employees give any representation warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance. Except as required by local law any warranty of any kind is excluded by this paragraph.

7. Limited Warranty

Subject to the terms and conditions of this paragraph, the Seller warrants for the period of thirty days from the date of the sale that any property described in this catalogue (noting such description may be amended by any saleroom notice or announcement) which is stated without qualification to be the work of a named author or authorship is authentic and not a forgery. The term “Author” or “authorship” refers to the creator of the property or to the period, culture, source, or origin as the case may be, with which the creation of such property is identified in the catalogue.

The warranty is subject to the following:

it does not apply where a) the catalogue description or saleroom notice corresponded to the generally accepted opinion of scholars and experts at the date of the sale or fairly indicated that there was a conflict of opinions, or b) correct identification of a lot can be demonstrated only by means of a scientific process not generally accepted for use until after publication of the catalogue or a process which at the date of the publication of the catalogue was unreasonably expensive or impractical or likely to have caused damage to the property.

the benefits of the warranty are not assignable and shall apply only to the

original buyer of the lot as shown on the invoice originally issued by Webb’s when the lot was sold at Auction. the Original Buyer must have remained the owner of the lot without disposing of any interest in it to any third party.

The Buyer’s sole and exclusive remedy against the Seller in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot less the buyer’s premium which is non-refundable. Neither the Seller nor Webb’s will be liable for any special, incidental nor consequential damages including, without limitation, loss of profits.

The Buyer must give written notice of claim to us within thirty days of the date of the Auction. The Seller shall have the right, to require the Buyer to obtain two written opinions by recognised experts in the field, mutually acceptable to the Buyer and Webb’s to decide whether or not to cancel the sale under warranty.

the Buyer must return the lot to Seller in the same condition that it was purchased.

8. Severability

If any part of these Conditions of Sale is found by any court to be invalid, illegal or unenforceable, that part shall be discounted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

9. Copyright

The copyright in all images, illustrations and written material produced by Webb’s relating to a lot including the contents of this catalogue, is and shall remain the property at all times of Webb’s and shall not be used by the Buyer, nor by anyone else without our prior written consent. Webb’s and the Seller make no representation or warranty that the Buyer of a property will acquire any copyright or other reproduction rights in it.

10. Law and Jurisdiction

These terms and conditions and any matters concerned with the foregoing fall within the exclusive jurisdiction of the courts of New Zealand, unless otherwise stated.

11. Pre-Sale Estimates

Webb’s publishes with each catalogue our opinion as to the estimated price range for each lot. These estimates are approximate prices only and are not intended to be definitive. They are prepared well in advance of the sale and may be subject to revision. Interested parties should contact Webb’s prior to auction for updated pre-sale estimates and starting prices.

12. Sale Results

Webb’s will provide auction results, which will be available as soon as possible after the sale. Results will include buyer’s premium. These results will be posted at www.webbs.co.nz.

13. Goods and Service Tax

GST is applicable on the hammer price in the case where the seller is selling property that is owned by an entity registered for GST. GST is also applicable on the hammer price in the case where the seller is not a New Zealand resident. These lots are denoted by a dagger symbol † placed next to the estimate. GST is also applicable on the buyer’s premium.