✨ Wheat Trade Regulations
MAR. 14. THE NEW ZEALAND GAZETTE. 687
made in accordance with and shall incorporate the provisions
of these regulations so far as applicable to contracts of
purchase, and the rights and obligations of the parties shall
be determined accordingly.
PART IV.--SALES OF WHEAT BY THE GOVERNMENT.
-
No sales of wheat shall be made by a Government
broker on account of the Government except to persons
holding a warrant issued by the Wheat Controller authorizing
the holder to purchase wheat, and hereinafter referred to as a
wheat-purchase warrant. -
Every such warrant will contain such conditions and
restrictions as the Wheat Controller thinks fit, and no sale
shall be made to the holder otherwise than in conformity
with these conditions and restrictions. -
Every wheat-purchase warrant may be cancelled at
any time for any reason which the Controller in his absolute
discretion thinks sufficient. -
No such warrant shall be transferable.
-
The Wheat Controller will in his absolute discretion
allocate to each flour-mill in New Zealand its due quota of the
total quantity of good milling-wheat estimated by him from
time to time to be available during the year 1921, and the
wheat-purchase warrants issued by the Controller to flour-
millers will be based on the quota as so determined for the
time being. -
Each flour-miller will be required to purchase and take
delivery of his full quota of wheat as soon as is practicable
in the discretion of the Wheat Controller, and this obligation
will be enforced by the Wheat Controller by withholding or
cancelling the wheat-purchase warrant of any flour-miller
who makes default herein. -
Flour-millers will be required, in purchasing wheat, to
purchase and take delivery of different kinds or qualities of
good milling-wheat in such proportions as the Wheat Con-
troller may from time to time determine, having regard to the
respective quantities of such kinds or qualities available,
and all Government brokers shall in effecting sales of wheat
observe all directions given to them by the Wheat Controller
in this behalf. -
The price at which wheat is so sold by a Government
broker on account of the Government shall be the price per
bushel at which it was purchased by the broker on account
of the Government, with the addition of 1½d. per bushel,
together with the price of the sacks as aforesaid. -
Payment for wheat so sold and delivered shall be made
by the buyer to the Government broker on account of the
Government, and the terms of payment shall be such as may
be agreed upon between the buyer and the broker, being
either cash on delivery, cash against shipping documents, or
cash within seven days after delivery. All purchase-money
in arrear and unpaid shall bear interest at the rate of 8 per
centum per annum. -
When wheat is sold for delivery by instalments, each
instalment shall be treated as the subject of a separate con-
tract, and payment shall be made accordingly. -
All moneys so received by a Government broker shall
be paid by him into the Public Account immediately on the
receipt thereof, and all moneys not so paid into the Public
Account shall bear interest at the rate of 8 per centum per
annum until so paid. -
Every Government broker will guarantee to the Go-
vernment the due payment by the buyer of the purchase-
money for all wheat so sold to him by that broker, and on
default made by the buyer the purchase-money, with all
accrued interest thereon, shall be recoverable by the Govern-
ment from the broker. -
After delivery to the buyer the wheat shall be in all
respects at the buyer's risk, but the property in the wheat
shall not pass to the buyer until the purchase-money has
been received by the Government broker; and on default
made by the buyer, the broker or the Wheat Controller
may take and retain possession of the wheat on behalf of the
Government as a security for the purchase-money. -
Every contract made by a Government broker for the
sale of wheat on account of the Government shall be made
in accordance with and shall incorporate the provisions of
these regulations so far as applicable to contracts of sale, and
the rights and obligations of the parties shall be determined
accordingly.
PART V.--TERMS OF EMPLOYMENT OF BROKERS.
-
In respect of every contract for the purchase of wheat
by a Government broker on account of the Government the
broker shall be entitled to receive from the Government a
commission of ¼d. for every bushel delivered in pursuance of
and in conformity with that contract. -
In respect of every contract for the sale of wheat by
a Government broker on account of the Government the
broker shall be entitled to receive from the Government a
commission of ¼d. for every bushel delivered in pursuance of
and in conformity with that contract. -
It shall not be lawful for a Government broker to
receive, directly or indirectly, any additional commission or
remuneration from any party other than the Government
in respect of the making of any such contract of purchase or
sale; but nothing herein contained shall prevent the broker
from receiving from any such party remuneration for services
rendered in respect of storage or otherwise howsoever in
addition to the service of making the contract of purchase or
sale. -
It shall not be lawful for any Government broker to
give, offer, or promise to any person any rebate, refund,
commission, allowance, gratuity, or other valuable consider-
ation as an inducement to that person to sell or purchase
wheat to or from the Government through that broker, or
for the reason that he has so sold or purchased wheat. -
It shall not be lawful for a Government broker to pur-
chase, whether for himself or on account of any other person,
any wheat of a quality inferior to good milling-wheat except
under the authority of a license issued to the broker in that
behalf by the Wheat Controller, and in accordance with the
terms of that license. Any such license may be at any time
cancelled by the Controller for any reason which in his
absolute discretion he thinks sufficient. -
In all matters within the scope of their employment
and not specifically provided for by these regulations Go-
vernment brokers shall act in accordance with directions
from time to time received from the Wheat Controller. -
Government brokers shall from time to time make to
the Wheat Controller such returns relative to the business
done by them as the Controller may require. -
Every appointment of a Government broker shall be
deemed to incorporate, as a contract between the broker and
the Government, the provisions of these regulations so far as
they relate to the rights, powers, duties, and liabilities of such
brokers.
PART VI.--DISPUTES.
-
When any dispute arises as to whether any wheat
offered to a Government broker for sale to the Government
is good milling-wheat, or when any dispute arises as to whether
any wheat delivered in fulfilment of any contract of purchase
or sale entered into by Government brokers on account of
the Government is in accordance with the contract in respect
of kind, quality, or condition, the dispute shall be determined
by a Government Grader, and his decision shall be final. -
When any dispute, other than as mentioned in the last
preceding clause, arises between the parties to any contract
entered into by a Government broker on account of the
Government, or between a Government broker and the
Government, or between a Government broker and any
seller or purchaser of wheat to or from the Government,
touching the meaning or operation of these regulations or of
any contract so entered into, the dispute shall be determined
by the Wheat Controller, whose decision shall be final. -
Nothing in the last two preceding clauses shall apply
to any prosecution for an offence against these regulations. -
(1.) Subject to the foregoing provisions as to the
settlement of disputes, the following weights shall be accepted
by all parties as the basis of settlement in all contracts for the
purchase or sale of wheat by or to the Government:--
Wheat delivered direct to a mill--flour-millers' weights:
Wheat delivered free on board--customary free-on-board
weights:
Wheat delivered ex store either to mills or free on board
--ex-store weights.
(2.) The only deduction from such weights shall be 3 lb.
tare per sack.
PART VII.--OFFENCES.
-
Every person shall be guilty of an offence against these
regulations, and shall be liable accordingly, who does or
attempts or conspires to do any act declared by these regula-
tions to be unlawful. -
Every Government broker shall be guilty of an offence
against these regulations, and shall be liable accordingly, who
commits any wilful breach of his contract with the Govern-
ment under these regulations. -
Every seller of wheat to the Government or purchaser
of wheat from the Government under these regulations who
commits a wilful breach of his contract with the Government
shall be guilty of an offence against these regulations and
shall be liable accordingly. -
Every person who, being a servant or agent of any
Government broker or of any such seller or purchaser of wheat,
wilfully does any act whereby or in consequence of which such
Government broker, seller, or purchaser breaks his contract
with the Government shall be guilty of an offence against
these regulations and shall be liable accordingly. -
Every person who deceives or attempts to deceive a
Government broker or the Wheat Controller in the exercise
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1921, No 26
NZLII —
NZ Gazette 1921, No 26
✨ LLM interpretation of page content
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Board of Trade Regulations for Sale and Purchase of Wheat
(continued from previous page)
🏭 Trade, Customs & Industry14 March 1921
Regulations, Wheat, Sale, Purchase, Board of Trade, Government Brokers, Wheat Controller, Flour-Millers, Contracts, Commissions, Offences, Disputes