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Graffiti vs art debate reignited following court case

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Auckland tagger Sparrow Philips was convicted for this stencil he did on a TV3 car park

Auckland tagger Sparrow Philips was convicted for this stencil he did on a TV3 car park

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Tue, 09 Mar 2010 5:56p.m.

By David Farrier

A critically-acclaimed street artist whose work is on display at the Auckland Art Gallery has been convicted of graffiti on personal property in the Auckland District Court.

The charges were laid by the Auckland City Council which has a zero tolerance policy to tagging.

Sparrow Philips has been doing graffiti art around Auckland for the last decade, but five weeks ago he got caught.

Philips emerged from the Auckland District Court today with a conviction for a stencil he did on a TV3 car park. The piece showed a man painting money, on top of existing graffiti.

He says the ruling was fair and he’s happy with the result.

Phillips is no doubt happy the judge didn't hand out community service or a fine - just a conviction.

The artist's lawyer Roy Mansfield says graffiti can be a grey area in terms of laws.

“There's a tension between the law and the ability of someone to express a political point which is what the client was doing,” he told the court.

Philips says the money bags represent the money spent by the Auckland City Council to paint over tagging.

“It is a little bit ironic and tricky but its part of what I do,” says Philips.

Auckland City Council has a zero tolerance attitude to street art, which it says costs ratepayers almost $2 million a year.

“There is a tendency to say, ‘Oh, boys will be boys,'” says Paul Goldsmith, of the Auckland City Council.

“There's elements of artwork in it...I don't have any truck with those arguments at all.”

An hour after his appearance, Philips was back out spraying the wall of the Auckland City Art Gallery, which welcomes his work.  

The gallery is displaying the graffiti art of six Auckland taggers. The exhibit has so far been one of the gallery's most popular.

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Comments [6]

doesnt matter
04 Mar 2011 4:22a.m.

graff is very much more than what you think for all those talking about graf but have never wrote in your life and got no clue and will never understand it. id rather paint the streets than work a 9 to 5 job if you ask me and i feel sorry for all that have their eyes closed every day.graffitti is abscure for ordinary people who havent got the eye for it and hate it once they look at it and never give it chance. so please leave me you city,state, and adresss and ill leave you with something to talk crap about online..

Richard
22 Mar 2010 3:47p.m.

Graffiti is the signature of somebody who considers themselves as obscure, but street art is about enhancement and sureness of skills.

Zac
11 Mar 2010 3:59p.m.

Art has often stood in conflict with societal norms and yet, at the same time, it has often played an important role in encouraging dialog around 'unsavoury' subject matter. Street art (or graffiti or vandalism as you prefer) is often used by artists as a vehicle for provoking discussion and expressing personal, social, environmental, or political messages to a diverse public audience. I have a lot of respect for those artists out there doing this work and I see their role as being a valuable one. While I say this, I'd like to point out that I am not (nor have I ever been) a street/graffiti artist (or tagger) nor do I have any friends involved in this scene. In my opinion, well designed and executed street art can enhance otherwise dull and uninspiring public spaces (and this includes other forms of art such as sculpture and performance). We shouldn't be calling these artists vandals - we should be celebrating their attempts at enhancing our culture. If the law won't adapt to the changing realities in our society then perhaps the council should find new ways to work with the artists within the confines of the law (an example would be the excellent Auckland City Art Gallery exhibition highlighted in this piece).

Andrea
10 Mar 2010 3:57p.m.

Brendon, Why don't all the vandals that paint graffiti on the walls and buildings belonging to others have a network letting each other know their addresses and they can paint their own walls etc. They are vandals and it is a shame the Police don't get more of them in court. If you give us your address we would be more than willing to get these "artists" to use your property to do their "art".

Glenn
10 Mar 2010 6:59a.m.

Regardless of his beliefs, he painted on a wall without permission to do so, and he thinks that is ok?

Brendan
09 Mar 2010 8:01p.m.

Recognition of the difference between grafitti as vandalism and art is long overdue.We'll look back with wonder at the time these artists were convicted of the criminal offence of creating art.

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