Southern Light: Early Paintings from Aotearoa, May 2023

15.05.23 Southern Light: Early Paintings from Aotearoa

0660

Auction Catalogue May 2023

Charles Blomfield Lake Ohau

Programme auckland

Launch Event: Early Traditions in New Zealand Painting with Dr. Linda Tyler Tuesday 9 May

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

6.30pm

Webb’s is hosting a talk that captures this fundamental period of painting in New Zealand. Our guest speaker, Dr. Linda Tyler, is a writer, art historian and Associate Professor in the Faculty of Arts, Museums and Cultural Heritage at the University of Auckland.

RSVP registrar@webbs.co.nz

Viewing Available on Request Monday 15 May

10am — 5pm

Auction Monday 15 May

6.30pm

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

Viewing Times Wednesday 10 – Friday 12 May

10am — 5pm

Location

Saturday 13 – Sunday 14 May

10am — 4pm

33a Normanby Road, Mount Eden, Auckland, 1024

Mark Hutchins-Pond Specialist, Art mark@webbs.co.nz +64 22 095 5610

Southern Light: Early Paintings from Aotearoa presents a significant body of historic New Zealand painting by early European settlers. This catalogue casts a spotlight on some of the pioneers of painting in this country, and their collective value to local art history. Landscape and portrait painting as an art form in Aotearoa has a relatively brief history, albeit a rich one.

Much of the early painting produced by New Zealand settlers was heavily influenced by European art, emulating the styles and techniques of Romanticism — an artistic movement that was very popular in the late 1700s and early 1800s. A key example of this is William Hodges’ 1773 work A View in Dusky Bay, New Zealand, which is held in the permanent collection of Auckland Art Gallery Toi o Tāmaki. Hodges was the artist for Captain James Cook’s second expedition to New Zealand on board the Resolution. He produced the work after returning to London, based on sketches and studies made during the expedition’s month long stay in Dusky Sound in March and

April 1773.1 The painting depicts a lone figure, a Māori man, set against a backdrop of Dusky Sound. The treatment of light in the painting, and the characterisation of the person, has more to do with traditional European painting than with the actual environment encountered by Hodges – ‘sublime nature’, a key theme of Romanticist painting, is very much to the fore.

Nearly a century later, after te Tiriti o Waitangi had allowed extensive settlement by Pākehā, A S Allan painted the work featured in this catalogue. This stunning 1860 oil painting features two figures gathering flax against a dramatic natural backdrop. The work explicitly references the painting style of Hodges, and his Romanticist treatment of light. Born in Edinburgh in 1831, A S Allan migrated to New Zealand in the 1850s, and worked as a registrar in the Wellington Supreme Court office. He was a notable artist of the time, whose earliest New Zealand painting is dated 1843.

John Barr Clarke Hoyte was another U.K. born artist who migrated to the Southern Hemisphere as a young

man, arriving here in 1860 at the age of 25. 2 Based in Tāmaki Makaurau, Hoyte worked as an art teacher and watercolourist, and sometimes as an importer of art supplies during the 1860s and 1870s. He later moved to Dunedin and then on to Australia. During his time in Auckland, he produced many paintings of local vistas, and was one of the founders of the Auckland Society of Artists. 3 Southern Light: Early Paintings from Aotearoa includes a number of Hoyte’s works, perhaps most notable among them his c1970 work, Lake Pupuke. This stunning panoramic watercolour shows a late 1900s view of Lake Pupuke in the Auckland suburb of Takapuna — then semi-rural farmland. This work, like many included in this selection, offers a glimpse of Aotearoa in the early stages of European colonisation. At the same time, such works demonstrate an important step in the development of the rich and proud tradition of New Zealand painting today.

Dr. Julian McKinnon

2

aucklandartgallery.com, William Hodges: A View of Dusky Bay, New Zealand.

Te Ara Encyclopedia of New Zealand, Biography: John Barr Clark Hoyte.

Page 1. (https://teara.govt.nz/en/ biographies/2h52/hoyte-john-barr-clark) 3 Ibid.

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1 Charles Frederick Goldie A Warm Day, Patara Te Tuhi 1905. printed later chromolithograph on paper signed and dated on plate 400 × 320mm

2 Charles Frederick Goldie A Relic of a Noble Race Tikitere Mihi 1908. printed later chromolithograph on paper signed on plate 320 × 250mm (widest points)

est $5,000 – $8,000

est $3,000 – $4,000

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3 Charles Frederick Goldie Kapai! Te Torori (Good! The Tobacco) 1912. printed later chromolithograph on paper signed and dated on plate 255 × 215mm

4 Charles Frederick Goldie A Good Joke 1905. printed later chromolithograph on paper signed and dated on plate 410 × 485mm (widest points)

est $2,500 – $5,000

est $5,000 – $10,000

scar John Kendall, O Native Hut, watercolour on paper, title inscribed, 150 × 230mm est $1,000 – $2,000

6 Charles Nathaniel Worsley, untitled, watercolour on paper, signed, 480 × 740mm est $4,000 – $8,000

9

10 D orothy Kate Richmond, Still Life with Ginger Jar, 1929, watercolour on paper, signed and dated, 500 × 575mm est $8,000 – $10,000

5

aude Berge, untitled, watercolour M on paper, 330 × 410mm est $3,500 – $4,500

7

Dorothy Kate Richmond, The Boat Harbour, Port Nicholson, 1910, watercolour on paper, signed and dated, 260 × 360mm est $4,000 – $8,000

11 John Weeks, House Boats on the Seine, gouache on paper, 455 × 590mm est $2,500 – $4,000

8

Margaret Stoddart, untitled, watercolour on paper, signed, 225 × 360mm est $4,000 – $6,000

12 J ohn Barr Clarke Hoyte, untitled, watercolour on paper, signed, 155 × 335mm est $3,000 – $6,000

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13 L W Wilson, Head of the Rees River Wanaka, New Zealand, watercolour on paper, signed and title inscribed, 420 × 770mm est $5,000 – $8,000

14 James Nairn, Easter Wgtn, watercolour on paper, signed, dated and title inscribed, 165 × 255mm est $4,500 – $6,500

15 James Nairn, untitled, watercolour on paper, signed, 255 × 345mm est $5,000 – $7,000

16 J ohn Gully, untitled, 1863, watercolour on paper, signed and dated, 490 × 325mm est $6,000 – $8,000

17 J ohn Gully, untitled, watercolour on paper, signed and dated, 240 × 330mm est $2,000 – $4,000

18 J ohn Gully, untitled, 1819, watercolour on paper, signed and dated, 350 × 625mm est $4,000 – $8,000

19 J ohn Gully, untitled, 1886, watercolour on paper, signed and dated, 280 × 420mm est $7,000 – $14,000

20 J ohn Gully, Rimu Gully, 1888, watercolour on paper, signed and dated, 230 × 485mm est $3,500 – $7,000

21 John Gully untitled 1929 watercolour on paper signed and dated 430 × 720mm

22 J ohn Gully Mount Fyffe from Kaikoura 1885 watercolour on paper signed and dated 350 × 620mm

est $10,000 – $15,000

est $10,000 – $15,000

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23 John Gully Mount Egmont 1868 watercolour on paper signed and dated 460 × 840mm est $20,000 – $30,000

24 James Nairn, Scottish Landscape, oil on board, signed, 280 × 410mm est $8,000 – $14,000

25 R ona Fleming, Road to Akaroa, oil on board, signed, 300 × 400mm est $2,500 – $3,500

26 W illiam Tiller, When the River Shows Blue, oil on canvas, signed, 525 × 645mm est $4,000 – $6,000

27 W illiam George Baker, Waikato River, oil on board, signed and title inscribed, 740 × 1110mm est $4,000 – $8,000

28 W illiam Bollard, Lake Manapouri, Otago, oil on canvas, 630 × 1260mm est $1,000 – $2,000

29 G race Butler, untitled, 1934, oil on canvas, signed and dated, 510 × 600mm est $2,000 – $4,000

30 James Nairn, Gone Fishing, oil on canvas, 330 × 200mm est $8,000 – $14,000

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31 James Nairn Goose Girl 1899 oil on canvas signed and dated 310 × 210mm

32 Vera Cummings

Portrait of a Kuia after Goldie oil on canvas signed 293 × 240mm

est $4,000 – $6,000

est $6,000 – $10,000

33 Vera Cummings untitled (Harata Rewiri Tarapata) oil on canvas signed 190 × 135mm est $5,000 – $10,000

34 Vera Cummings untitled oil on canvas signed 190 × 140mm est $5,000 – $10,000

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35 A lfred Sharpe View of Mangatāwhiri Swamp from Pokeno – Koheroa Pah in the Distance watercolour on paper 430 × 610mm est $40,000 – $60,000

36 John Barr Clarke Hoyte Lake Pupuke c1870s watercolour on paper signed 245 × 925mm est $45,000 – $65,000

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37 N icholas Chevalier, untitled, 1859, watercolour on paper, signed and dated, 115 × 365mm est $2,000 – $4,000

38 N icholas Chevalier, untitled, watercolour on paper, signed, 265 × 310mm est $2,000 – $4,000

39 N icholas Chevalier, untitled, 1870, watercolour on paper, signed and dated, 130 × 210mm est $5,000 – $10,000

40 L W Wilson, Shallow Bay, Lake Manapouri, watercolour on paper, signed and title inscribed, 380 × 690mm est $6,000 – $8,000

41 M argaret Stoddart, untitled, watercolour on paper, signed, 245 × 345mm est $8,000 – $12,000

42 Christopher Aubrey, untitled, 1885, watercolour on paper, signed and dated, 480 × 650mm est $6,000 – $12,000

43 F rank Wright, Waikato, watercolour on paper, signed, 290 × 430mm est $4,000 – $7,000

44 F rank Wright, untitled, watercolour on paper, signed, 290 × 430mm est $4,000 – $7,000

45 John Barr Clarke Hoyte Rangitoto watercolour on paper signed 200 × 385mm

46 Charles Blomfield Lake Ohau 1882 oil on canvas signed and dated 450 × 750mm

est $15,000 – $25,000

est $14,000 – $22,000

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47 C harles Blomfield, Gold Diggers Camp near Lake Manapouri, oil on canvas, signed, 290 × 440mm est $3,000 – $6,000

48 C harles Blomfield, On the Milford Sound Track, 1917, oil on canvas, signed and dated, 450 × 650mm est $4,000 – $8,000

49 C harles Blomfield, untitled, 1888, oil on canvas, signed and dated, 175 × 350mm est $3,000 – $6,000

50 C harles Blomfield, Waiotapu Valley from Kakaramea, 1889, oil on canvas, signed, dated and title inscribed, 345 × 600mm est $4,500 – $6,500

51 C harles Blomfield, On Board Kanui Lake, oil on board, signed, 195 × 297mm est $3,500 – $5,500

52 C harles Blomfield, Hunua Falls, oil on canvas, signed, 455 × 480mm est $4,000 – $8,000

53 Nugent Welch, Summer Evening Silverstream, oil on canvas, signed, 600 × 890mm est $8,000 – $14,000

54 C harles Blomfield, untitled, c1880, oil on canvas, signed and dated, 610 × 430mm est $4,000 – $6,000

55 A S Allan untitled 1860 oil on canvas signed 345 × 450mm est $18,000 – $24,000

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56 Charles

Edouard Frère, untitled, 1867, oil and canvas, signed and dated, 440 × 365mm est $3,000 – $6,000

57 N icholas Chevalier, untitled, oil on board, signed, 350 × 270mm est $15,000 – $30,000

58 S ydney Lough Thompson, untitled, 1912, oil on canvas, signed and dated, 450 × 370mm est $7,000 – $10,000

59 G P Nerli, untitled, oil on canvas, signed, 530 × 345mm est $8,000 – $12,000

60 M argaret Stoddart, Lavender Fields, 1887, oil on board, signed, 480 × 645mm est $3,000 – $4,500

61 A rchibald Nicoll, untitled, oil on board, signed, 290 × 385mm est $1,000 – $2,000

62 A rchibald Nicoll, Cadell’s Shed, oil on board, signed and title inscribed, 395 × 490mm est $2,000 – $4,000

63 J ames Peele, Mitre Peak, Milford Sound, 1891, oil on board, signed and dated, 300 × 460mm est $1,000 – $1,600

64 M aud Sherwood, untitled, watercolour on paper, signed, 325 × 470mm est $4,000 – $6,000

65 G eorge O’Brien, untitled, watercolour on paper, 95 × 140mm est $1,500 – $2,500

66 G eorge O’Brien, untitled, watercolour on paper, 95 × 145mm est $1,500 – $2,500

67 A lfred Walsh, Cottages Kaikoura, 1905, watercolour on paper, signed and dated, 275 × 190mm est $2,000 – $4,000

68 R A Gill, Carlton Mill, 1897, watercolour on paper, signed and dated, 550 × 780mm est $3,000 – $6,000

69 Artist unknown, Lake Pupuke, watercolour on paper, 480 × 570mm est $2,000 – $4,000

70 K Sanford, Alpine Lake South Island, c1910, pastel on paper, signed, 295 × 605mm est $600 – $1,200

71 D orothy Kate Richmond, Karaka, watercolour on paper, 240 × 340mm est $800 – $1,600

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20

72 P eter Power, untitled, 1889, oil on canvas, signed and dated, 240 × 370mm est $1,000 – $2,000

73 W illiam Matthew Hodgkins, Evening Dunedin, watercolour on paper, signed, 90 × 130mm est $1,200 – $1,600

74 J ames Peele, untitled, 1897, oil on canvas, signed and dated, 750 × 1260mm est $1,500 – $2,500

76 H orace Moore-Jones Panoramic View of Auckland 1902 oil on board signed and dated 295 × 590mm

77 W illiam Matthew Hodgkins Lake Kakapo, Martins Bay watercolour on paper signed and title inscribed 200 × 480mm

est $5,000 – $8,000

est $4,000 – $6,000

75 J ames Peele, untitled, 1900, oil on canvas, signed and dated, 895 × 590mm est $1,000 – $2,000

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.

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.

Before the Sale

3.1.

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 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.

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.

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 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.

5.6.1.

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.

5.6.2. 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.

5.5. 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)

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

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 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.

5.7.

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 nonrefundable. 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 presale 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.

Index of Artists

M Moore-Jones, Horace

D A Allan, A S Aubrey, Christopher

17 14

B Baker, William George Berge, Maude Blomfield, Charles Bollard, William Butler, Grace

9 5 15, 16 9 9

C Chevalier, Nicholas Cummings, Vera

14, 18 10, 11

Fleming, Rona Frère, Charles Edouard

9 18

G

N Nairn, James Nerli, G P Nicoll, Archibald

Gill, R A 19 Goldie, Charles Frederick 3, 4 Gully, John 6, 7, 8

O

H

P

Hodgkins, William Matthew 20 Hoyte, John Barr Clarke 5, 13, 15

Peele, James Power, Peter

K

R

Kendall, Oscar John

5

20

O’Brien, George

6, 9, 10 18 18

19

S Sanford, K Sharpe, Alfred Sherwood, Maud Stoddart, Margaret

19 12 19 5, 14, 18

T Thompson, Sydney Lough 18 Tiller, William 9 W

18, 20 20

Richmond, Dorothy Kate 5, 19

Walsh, Alfred 19 Weeks, John 5 Welch, Nugent 16 Wilson, L W 6, 14 Worsley, Charles Nathaniel 5 Wright, Frank 14

Programme

auckland

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

Early Traditions in New Zealand Painting with Dr. Linda Tyler Tuesday 9 May

6.30pm

RSVP registrar@webbs.co.nz

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

Viewing Times Wednesday 10 – Friday 12 May

10am — 5pm

Auction

Saturday 13 – Sunday 14 May

10am — 4pm

Monday 15 May

Viewing Available on Request Monday 15 May

6.30pm

Location 10am — 5pm

33a Normanby Road, Mount Eden, Auckland, 1024

wellington Mark Hutchins-Pond Specialist, Art mark@webbs.co.nz +64 22 095 5610

29

30

33a Normanby Road Mount Eden Auckland 1024 23 Marion Street Te Aro Wellington 6011 webbs.co.nz