This Act may be cited as the Auctioneers Act 1928 and, except as otherwise provided herein, shall come into force on 1 April 1929.

In this Act, if not inconsistent with the context,—

(1) No person shall, except as hereinafter provided, carry on business as an auctioneer unless he is the holder of an auctioneer's licence under this Act.

(2) Where 2 or more persons carry on business as auctioneers in partnership it shall be sufficient compliance with this section if one of those persons is the holder of a licence applied for and issued on behalf of the partnership firm as provided by this Act.

(3) [Repealed]

(4) The holder of an auctioneer's licence shall not thereby be authorised to conduct sales by auction unless he is specified in the licence as the other person authorised thereunder to conduct sales by auction.

No licence shall be issued under this Act to—

• (a) the holder of an on-licence under the Sale and Supply of Alcohol Act 2012:

• (b) [Repealed]

• (c) a bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled.

(1) Every auctioneer's licence issued under the Auctioneers Act 1908, after 1 January and before 31 December 1928, shall, subject to the provisions of that Act as to cancellation and subject also to the payment of a fee of 10 pounds in the case of a licence issued elsewhere than in a special district and of a fee of 2 pounds 10 shillings in the case of a licence issued in such a district, continue in force until 31 March 1929.

(2) Every auctioneer's licence issued under the Auctioneers Act 1908, after 31 December 1928, and before the commencement of this Act shall be issued for the period ending on 31 March 1929, and unless sooner forfeited or cancelled pursuant to the first-mentioned Act shall continue in force only until that date:

provided that notwithstanding anything to the contrary in the Auctioneers Act 1908, the fee payable in respect of any such licence shall be 10 pounds in the case of a licence issued elsewhere than in a special district, and 2 pounds 10 shillings in the case of a licence issued in such a district.

(3) This section shall come into force on the date of the passing of this Act.

Every licence issued to take effect after the commencement of this Act shall, unless sooner terminated in accordance with this Act, continue in force until 31 March then next following, and may from time to time be renewed for the period ending on 31 March next after the commencement of an order for renewal.

(1) Every person who desires to obtain a licence under this Act shall make application therefor in the form prescribed by regulations.

(2) Every application under this section shall state—

• (a) the place or places of business of the applicant, and where he has 2 or more places of business which of those places is his principal place of business, and the name or style under which he proposes to carry on business as an auctioneer if such business is not to be carried on in his own name; and

• (b) where the application is for a licence on behalf of 2 or more persons carrying on business as partners—

  • (i) the name and address of each of the partners;

  • (ii) the name under which the partnership business is carried on;

  • (iii) the name of one of the partners to whom it is desired the licence shall be issued on behalf of all the partners; and

• (c) [Repealed]

• (d) in every case (whether the application is by an individual or a company or on behalf of partners) the name and address of the person or persons (being the holder of the licence or any other person) who it is desired shall be authorised to conduct auction sales under the licence; and

• (e) [Repealed]

• (f) such other particulars as may be prescribed.

(3) Where the applicant desires that more than 1 person shall conduct auction sales as aforesaid, it shall be necessary to apply for a separate licence in respect of each such person:

provided that, where the applicant is a company, application may be made in respect of several persons whom the applicant desires to conduct auction sales on its behalf, and the licence may make provision accordingly.

(4) Every application under this section shall be filed in the District Court nearest by the most convenient route to the place of business named in the application as the place of business or the principal place of business of the applicant.

(5) Any application under this section for a licence for the period ending on 31 March 1930 may be filed and heard and determined in accordance with the provisions of this Act at any time after 1 January 1929, but no licence issued as a result of such application shall take or be expressed to take effect before the commencement of this Act.

(1) With every application for the grant of an auctioneer's licence under this Act there shall, save as hereinafter provided in this section, be filed in the District Court one or more fidelity bonds to Her Majesty, to be approved by the District Court Judge, conditioned to secure the fidelity of the applicant or, where the application is made on behalf of a firm, conditioned to secure the fidelity of each of the partners of the firm.

(2) Every such bond shall be for the sum of 500 pounds:

provided that where application is made for 2 or more licences by the same applicant or where application for an additional licence is made by the holder of a licence the total amount secured shall not exceed 500 pounds for each application or 2,500 pounds for all such applications:

provided also that, where application is made by a company in respect of 2 or more persons whom the applicant desires to conduct auction sales on its behalf, the total amount secured shall not exceed 500 pounds in respect of each such person or 2,500 pounds in respect of all such persons.

(3) Every such bond shall be in the form in the Schedule or to the like effect. Such form may be varied to such extent as may be necessary where the application for a licence is made on behalf of partners or by a company.

(4) Where any person, firm of partners, or company makes more than 1 application for an auctioneer's licence it shall be sufficient compliance with the requirements of this section if a fidelity bond or bonds as aforesaid, so expressed as to bind the surety or sureties in respect of any licence that may be granted to the applicant, is filed with any 1 of such applications, and notice in the prescribed form of the filing of such bond or bonds is filed with every other application for an auctioneer's licence made by the applicant.

(5) The sum named in any fidelity bond under this section shall not be deemed to be a penalty, but shall be liquidated damages, and shall accordingly be recoverable in full as a debt due by the surety or sureties to Her Majesty unless the surety or sureties prove performance of every condition upon breach of which the bond is defeasible.

(6) Every sum so recovered shall be paid into a Crown Bank Account, and the residue after the deduction of costs and other expenses may with the approval of the Minister of Finance and without further appropriation than this Act be applied—

• (a) in compensating any client or customer of the auctioneer or other person for any loss sustained by reason of the acts, defaults, or omissions of the auctioneer; and

• (b) in refunding to the surety or sureties any balance left after payment of such compensation.

(7) For the purpose of enabling a proper application to be made of any sum recovered as aforesaid under any bond, a District Court Judge shall on the application in writing of the Minister order that any person appointed by the Minister shall have access to the books, papers, and accounts of the auctioneer named in such bond.

(1) A fidelity bond given under this Act may if so provided therein enure not only during the term of the licence in respect of which it is originally given but during the term of any licence to the same person issued in renewal of a licence under this Act.

(2) If a fidelity bond is so given as to enure in respect of the renewal or further renewal of a licence it shall be lawful for the surety or sureties, by notice in writing addressed to the Registrar of the District Court, at any time before the issue of a licence in renewal, to determine his or their liability under the bond in respect of any act or default that may be done or made after the 31 March next following the date of such notice, and in any such case the District Court Judge shall not issue a licence in renewal until another approved bond has been lodged by the applicant.

(1) Notice in the prescribed form of every application for a licence under this Act shall be published by the applicant twice at least in some newspaper to be approved for the purpose by the Registrar of the District Court in which the application for a licence is filed, and the application for the licence shall not be heard before the expiry of 1 month after the first publication of such notice.

(2) Any person who objects to the issue of a licence under this Act may, within 1 month after the first publication of the notice of application pursuant to the last preceding subsection, file in the District Court in which the application for a licence is filed a notice in the prescribed form of his objection to the application and of the grounds thereof.

(3) No such objection shall be considered unless and so far as the grounds thereof affect the character or financial position of the applicant, or, in the case of an application by or on behalf of a firm, the character or financial position of the partners, or, in the case of an application by a company, the financial position of the company or the character of the directors or of the general manager, or, in any case, the character of every person who it is proposed shall be authorised to conduct auction sales under the licence.

(1) Every application for a licence under this Act and the objections thereto (if any) shall be heard by a District Court Judge exercising jurisdiction in the court in which the application is filed; and the District Court Judge, if satisfied that the provisions of this Act have been complied with, and that the applicant is fit to be the holder of an auctioneer's licence, and that every person who it is proposed shall be authorised to conduct auction sales under the licence is a fit and proper person for that purpose, shall on payment of the prescribed fees issue to the applicant a licence in the prescribed form.

(2) There shall be payable in respect of the issue of a licence and of the renewal of a licence such fees as may be prescribed by regulations under this Act. Different fees may be prescribed in respect of licences available generally throughout New Zealand and in respect of licences available only in a special district, and smaller fees may be prescribed in respect of each additional licence issued to the same person. In the case of a licence issued to a company an additional fee may be prescribed in respect of each person after the first who is authorised to conduct auction sales on behalf of the company.

(3) Any such regulations may provide that, where a licensee has more than 1 place of business, an additional licence fee shall be payable in respect of each additional place of business.

(1) Before granting an application for an auctioneer's licence the District Court Judge shall require the production of sufficient evidence to satisfy him that the character and financial position of the applicant are such that he is in the opinion of the District Court Judge, having regard to the interests of the public, a fit and proper person to hold such a licence, and that the character of every person who it is proposed shall be authorised to conduct auction sales under the licence is such that he is a fit and proper person for the purpose.

(2) Where application for a licence is made by or on behalf of 2 or more persons in partnership the District Court Judge may in the exercise of his powers under this section require the production of evidence as to the character and financial position of each of the partners.

(3) Where application for a licence is made by a company the District Court Judge shall, unless in the circumstances he otherwise decides, require the production of evidence as to the financial position of the company, and as to the character of the directors and general manager.

(1) Every auctioneer's licence shall have endorsed thereon—

• (a) the name and address of every person authorised to conduct auction sales under the licence; and

• (b) in the case of a licence issued to 2 or more persons carrying on business as partners, the name and description of each of the partners.

(2) Any person whose name and address are endorsed on the licence pursuant to paragraph (a) of the last preceding subsection may from time to time be changed on application in that behalf made by the holder of the licence to the Registrar of the court in which the licence was issued. On payment of the prescribed fee the Registrar, if satisfied as to the character of the person in respect of whom such application is made, shall cancel the former endorsement and make a further endorsement on the licence according to the tenor of the application.

(2A) Every company that is the holder of a licence may at any time apply to the Registrar of the court in which the licence was issued to add to the licence the name and address of any additional person whom the applicant desires to conduct auctions on its behalf, and, on payment of the prescribed fee, the Registrar, if satisfied as to the character of the person in respect of whom the application is made, shall endorse the licence according to the tenor of the application.

(2B) Subject to the second proviso to subsection (2) of section 8, with every application under subsection (2A) of this section there shall be filed a fidelity bond for the sum of 500 pounds in respect of each person to whom the application relates, and the provisions of section 8 shall apply thereto as if the application were an application for the grant of an auctioneer's licence under this Act.

(3) Any person whose name is endorsed on a licence pursuant to this section shall have authority to conduct auction sales on behalf only of the holder of such licence:

provided that nothing herein shall prevent the holder of an auctioneer's licence from undertaking the conduct of an auction sale on account of any other person being the holder of such a licence, or from using for the purposes of any such sale the services of any person authorised to conduct auction sales on his behalf.

(4) Notwithstanding anything contained in this Act, the holder of a licence may appoint any person to temporarily relieve during the progress of any sale any person authorised to conduct auction sales on his behalf, or to act in the place of such authorised person for not more than 1 day on any occasion when by reason of illness or other unavoidable cause such authorised person is prevented from conducting any sale or sales by auction.

(1) No licensee shall during the currency of his licence carry on business as an auctioneer under any name or style (not being his own name) other than the name or style stated in the licence, save with the consent of a District Court Judge exercising jurisdiction in the court in which the licence was issued.

(2) Every application for such consent shall be in the prescribed form and shall be accompanied by the prescribed fee.

(3) The District Court Judge may in his discretion grant or refuse such application, and where it is granted the Registrar of the court shall make the necessary alteration in the licence.

(1) Application for the renewal of a licence may be made not earlier than 1 January and not later than the last day of February preceding the date of the expiry of the licence, and shall be filed by the applicant in the same manner as if it were an application for the grant of a licence.

(2) Every person who objects to the renewal of a licence under this Act may at any time before 7 March in any year file in the District Court in which application for the renewal of the licence has been filed a notice in the prescribed form of his objection to the application and of the grounds thereof.

(3) No such objection shall be considered unless and so far as the grounds thereof affect the character or financial position of the applicant, or, in the case of an application by or on behalf of a firm of partners, the character or financial position of the partners, or, in the case of an application by a company, the financial position of the company or the character of the directors or of the general manager, or, in any case, the character of any person who it is proposed shall be authorised to conduct auction sales under the licence.

(4) Where any objection is lodged to the renewal of a licence, the District Court Judge shall hear and determine the application for renewal in the same manner as if it were an application for the issue of a licence.

(5) In the absence of any objection to an application for the renewal of a licence the District Court Judge may on payment of the appropriate fee grant a renewal without further inquiry as to the fitness of the applicant to hold an auctioneer's licence, or the fitness of any person who it is proposed shall conduct auction sales under the licence.

(6) The District Court Judge may in his discretion hear and determine any application for the renewal of a licence, or any objection to such renewal, notwithstanding that such application or objection may not have been filed within the times limited by this section in that behalf.

(7) If application for the renewal of a licence has been filed but is not determined on or before 31 March in any year, the licence shall, notwithstanding anything to the contrary in this Act, be deemed to be extended until the application is disposed of by a District Court Judge in accordance with this Act; and the Registrar of the court shall in the prescribed form forthwith give to the Minister notice of such non-determination.

On the hearing of any application for a licence or for the renewal of a licence under this Act the District Court Judge shall if any objection to the application has been filed have jurisdiction to determine what costs (if any) shall be paid to or by the objector or the applicant respectively, and to adjudge that such costs be paid.

(1) A licensee, or the personal representative of a deceased licensee, or the assignee in bankruptcy of a licensee who has been adjudged bankrupt, or the liquidator of a company being a licensee, may on payment of the prescribed fee transfer a licence under this Act to any person approved by a District Court Judge in that behalf.

(2) Every application for a transfer under this section shall be filed and advertised, and objections may be received, and the application and objections (if any) shall be heard and determined in all respects as if the application for a transfer were an application for the grant of a licence under this Act.

(1) Subject to the provisions of this section as to changing the registered office of an auctioneer, the place of business of an auctioneer mentioned in his application for a licence, or where an auctioneer has 2 or more places of business his principal place of business, shall be deemed to be the registered office of the auctioneer.

(2) Any summons, notice, order, or other document required to be served upon an auctioneer may be served by leaving the same at his registered office, or by sending it through the post in a prepaid and registered letter addressed to him at that office.

(3) An auctioneer may by notice in writing filed in the District Court change his registered office to any other place of business in which he carries on business as an auctioneer.

(4) [Repealed]

Save as provided in section 28 with respect to special districts, a licence under this Act shall authorise the holder thereof to carry on business as an auctioneer in any part of New Zealand during the currency of the licence:

provided that every licensed auctioneer who during the currency of his licence ceases to carry on business at any place mentioned in his application for such licence, or commences to carry on business at any additional or other place of business, shall in the prescribed form give notice thereof to the Registrar of the court in which the licence was issued.

(1) A licence under this Act may be cancelled if the licensee—

• (a) is convicted of an offence under section 37 or section 38; or

• (b) having been convicted of an offence against this Act (not being an offence referred to in the last preceding paragraph), is within 12 months after such conviction again convicted of an offence against this Act; or

• (c) is convicted of any offence involving moral turpitude, or dishonouring him in the public estimation.

(2) The court before which any person is convicted of any offence may of its own motion cancel the licence in any case where such conviction is a ground for the cancellation of the licence.

(3) Application for the cancellation of a licence on any of the grounds aforesaid may be made by any person, and shall be made by filing the same in the District Court in which the licence was issued, and thereupon any District Court Judge exercising jurisdiction in that court shall have power to hear the application and to cancel the licence.

(1) A licensee may at any time surrender his licence by forwarding a written notice to that effect, together with the licence, to the District Court in which the court records relating to the licence are held.

(2) The Registrar of that court shall endorse on the notice the date on which he receives it, and the licence shall, as from that date, cease to have effect.

(3) The surrender of a licence under this section shall not affect the licensee's liability—

• (a) to pay any fees or other money payable or to be payable in accordance with this Act on or before the date on which the licence would, but for its surrender, expire:

• (b) to perform any obligation required to be performed by him by or under this Act on or before that date:

• (c) for any act done or default made before the date on which the licence ceased to have effect.

(1) The Governor-General may from time to time by Order in Council declare special districts for the purposes of this Act, comprising any parts of New Zealand which are sparsely populated, and may in like manner revoke any such order or alter the boundaries of any special district.

(2) An auctioneer's licence issued in respect of any special district shall not entitle the holder thereof to sell by auction elsewhere than in such special district.

(3) All special districts declared under the Auctioneers Act 1908 and in existence on the commencement of this Act shall be deemed to be special districts declared pursuant to this section.

Every person to whom an auctioneer's licence is issued under this Act shall exhibit and keep exhibited in a prominent place on his registered office and on every branch office, so as to be easily read from outside that office, a notice of his name and of the fact that he is the holder of such a licence, together with the name or style under which he carries on business as an auctioneer if such business is not carried on in his own name.

(1) Subject to subsection (4), every auctioneer shall within 14 days (excluding bank holidays) after an auction sale, or within such longer period as the Minister may appoint, render to the person on whose behalf such sale took place a correct account of that sale, and shall within such period of 14 days or such longer period as aforesaid pay to such person the balance of the proceeds of such sale received by the auctioneer.

(2) For the purposes of this section the balance of the proceeds of any sale shall be the amount remaining after deducting from such proceeds all expenses, commission, and other charges of or incidental to such sale and any moneys owing to the auctioneer by the person on whose behalf such sale took place.

(3) Any extension of time allowed pursuant to the last preceding subsection shall be in writing under the hand of the Minister, and may apply in respect of the sale by auction of any specified class of property, or be limited to any particular transaction or transactions.

(4) Notwithstanding anything to the contrary in the foregoing provisions of this section, but subject to any agreement between him and the person on whose behalf a sale has been made, every auctioneer shall within 7 days after demand by such person render to him such account as aforesaid, and pay to him the balance of the proceeds of the sale:

provided that nothing in this section shall render it obligatory on an auctioneer to pay the proceeds of any sale of real property until 7 days after the sale is completed according to the conditions of sale.

Save as otherwise authorised by this Act, every person who not being the holder of a licence under this Act carries on business as an auctioneer, or who not being a person authorised in that behalf under this Act conducts any sale by auction, commits an offence and is liable to a fine of 100 pounds.

Every person not being the holder of an auctioneer's licence under this Act commits an offence and is liable to a fine of 100 pounds who describes himself in writing or holds himself out as an auctioneer.

Every person commits an offence and is liable to a fine of 50 pounds who lets out, or hires, or lends any licence granted to him, or, except as authorised by this Act, trades with or under colour of any licence granted to any other person.

(1) Every person who carries on business as an auctioneer, or describes himself or holds himself out as an auctioneer, commits an offence and is liable to a fine of 10 pounds if on demand by any constable he does not produce and show to such constable a licence under this Act authorising him to carry on such business.

(2) Every person who conducts any sale by auction commits an offence and is liable to a fine of 10 pounds if on demand by any constable he does not give to such constable his name and address and the name and address of the licensee on whose behalf he claims to be authorised to sell by auction.

Every licensed auctioneer who carries on his business and every person who conducts sales by auction at any time or in any manner contrary to this Act commits an offence and is liable to a fine of 10 pounds.

Every auctioneer commits an offence and is liable to a fine of 10 pounds who fails to comply with the requirements of section 31 with respect to rendering of accounts or payment of the proceeds of any sale of property by auction.

Every auctioneer is liable on conviction to 2 years' imprisonment who—

• (a) fraudulently converts to his own use the balance of the proceeds of any property sold by auction by him or any part of such proceeds, or fraudulently omits to pay such balance or any part thereof to the person entitled thereto:

• (b) with intent to defraud, renders any account of the proceeds of any property sold by auction by him knowing the same to be false in any material particular.

Every person who commits any breach of any of the provisions of this Act for which no penalty is provided elsewhere than in this section is liable to a fine of 5 pounds.

Every person commits an offence and is liable to a fine of 100 pounds who, having the custody or possession of any books, papers, or accounts of an auctioneer, refuses or fails to allow to have access thereto any person duly authorised in that behalf pursuant to any order of a District Court Judge under subsection (7) of section 8, or who obstructs any such authorised person in the exercise of his powers under such order.

After deducting therefrom such amount as may be prescribed in respect of the cost of administering this Act, every fee received under this Act shall, be paid to the local authority prescribed by regulations made under this Act.

(1) The Governor-General may from time to time by Order in Council make regulations under this Act—

• (a) prescribing forms of licences, of applications for licences, and renewals thereof, and of objections to the granting or renewal of licences under this Act:

• (b) prescribing forms of advertisements and other notices under this Act:

• (c) prescribing the amounts that may be deducted from the fees paid under this Act in respect of the expenses of administering this Act and providing for the disposal of such amounts:

• (d) generally for the purpose of carrying this Act into effect.

(2) [Repealed]

(3) Any such regulations may for the purpose of giving full effect to any of the provisions of this Act which come into force before 1 April 1929 be made to take effect as from 1 January 1929.

Nothing in this Act—

• (a) shall extend to any sale made by order of the Governor-General or of any Collector of Customs, or to any sale under any writ or process issued by or out of any court of justice, or to any sale of animals sold under the law relating to public pounds, or to any sale held under any Act authorising any person who does not hold an auctioneer's licence to conduct a sale by auction; or

• (b) shall be deemed to take away or limit any civil right or remedy that any person has against an auctioneer in respect of any matter constituted an offence under this Act, or any liability of such auctioneer in respect of any such matter; or

• (c) shall be construed to repeal any enactment authorising particular sales to be conducted without an auctioneer's licence; or

• (d) shall render legal any sale that is contrary to law.

(1) The Auctioneers Act 1908, the Auctioneers Amendment Act 1910, and the Auctioneers Amendment Act 1915 are hereby repealed.

(2) All proceedings in respect of offences committed before the commencement of this Act against any of the Acts hereby repealed, or any regulations thereunder, may be instituted or continued as if this Act had not been passed.