New Zealand Legislation: Acts
Acts are laws made by Parliament
In this Act, if not inconsistent with the context,—
Auctioneer means a person licensed under this Act to carry on business as an auctioneer, and where the context requires includes a person authorised by a licence under this Act to conduct sales by auction
local authority means a territorial authority within the meaning of the Local Government Act 2002
Local authority: this definition was amended, as from 1 April 1955, by section 413(6) Municipal Corporations Act 1954 (1954 No 76), by omitting the words “or Board”
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Local authority: this definition was substituted, as from 1 April 1980, by section 8(3) Local Government Amendment Act 1979 (1979 No 59).
Local authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister: this definition was substituted, as from 4 October 1957, by section 2 Auctioneers Amendment Act 1957 (1957 No 11).
Minister: this definition was substituted, as from 1 October 1995, by section 10(3) Department of Justice (Restructuring) Act 1995 (1995 No 39).
Outcry includes any request, inducement, puff, device, or incitement made or used by means of signs, speech, or otherwise in the presence of not less than 6 people by any person for the purpose of selling any property offered or available for sale, whether such property is or is not the same as that shown or referred to by him when making or using such request, inducement, puff, device, or incitement
Prescribed means prescribed by regulations under this Act
Sales by auction or sell by auction means the selling of property of any kind, or any interest or supposed interest in any property, by outcry, by the auctioneer saying “I'll take”
and commencing at a higher figure and going to a lower figure, by what is known as Dutch auction, knocking-down of hammer, candle, lot, parcel, instrument, machine, or any other mode whereby the highest, the lowest, or any bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or where there is a competition for the purchase of any property or any interest therein in any way commonly known and understood to be by way of auction; and shall be deemed to include the selling of any property by outcry in any public place, as the same is defined in the Summary Offences Act 1981, or in any room, or mart, or place to which the public are admitted or have access, whether or not the sale of the goods has been advertised to take place.
Sales by auction: the reference to the Summary Offences Act 1981 was substituted, as from February 1982, for a reference to the Police Offences Act 1927 by section 51(3) Summary Offences Act 1981 (1981 No 113).
