✨ Board of Trade (Wheat) Regulations
4
THE NEW ZEALAND GAZETTE.
[No. 1
into, the dispute shall be determined by reference to a single
arbitrator if the parties in difference can agree upon one,
otherwise by reference to two arbitrators one to be appointed
by each party in difference and their umpire in accordance
with the provisions of the Arbitration Act, 1908.
(4) Nothing in the last three preceding clauses shall apply
to any prosecution for an offence against these regulations.
(5) (a) Subject to the foregoing provisions as to the settle-
ment 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 Board :—
Wheat delivered direct to a mill : Flour-miller’s 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.
Wheat delivered into store : Into-store weights.
(b) The only deductions from such weights shall be 3 lb.
tare per sack.
REGULATION 9.—RETURNS.
(1) The Board may, at any time prior to the 30th day of
June, 1933, give public notice requiring every grower of
wheat to make to the Board a return showing as at a date
to be stated in such notice—
(a) The number of bushels of each variety of wheat grown
by him during the season 1932-33.
(b) The number of bushels of each variety of wheat so
grown by him but not yet sold and delivered.
(2) Every grower of wheat shall duly comply with the
requirements of any such notice.
(3) On or before the 15th day of February, 1933, every
manufacturer of wheat products for human consumption
carrying on business in New Zealand shall make to the
Board a return showing—
(a) His probable requirements of wheat for milling for the
period between the 1st day of March, 1933, and the
28th day of February, 1934 :
(b) His carry-over of stocks of wheat, flour, bran, and
pollard as at the 31st day of January, 1933.
(4) Every manufacturer of wheat-products for human
consumption carrying on business in New Zealand shall, on
or before the 7th day of each calendar month, commencing
with the month of February, 1933, make to the Board a return
showing full particulars of all wheat delivered to him during
the last preceding calendar month in pursuance of purchases
made by him.
(5) The Board, or its duly authorized representative, may
require any person to give to it any information in such person’s
possession, and to produce any books or documents in his
possession or under his control, relating to the sale or purchase
of any wheat, whether grown in New Zealand or not, and of
whatever season’s crop, and whether such person is a party
to such sale or purchase or not. Any person withholding any
such information or failing to produce such books or documents
shall be guilty of an offence against these regulations.
(6) In making all such returns as aforesaid the person by
whom the return is to be made shall use such forms as the
Board may from time to time by public notice or by express
notice to such person require to be used.
(7) If any person who has been a grower of wheat during
the season 1932-33 dies before the date as at which particulars
of wheat grown by him are required by the Board to be
stated or before he has made any return required of him
under these regulations, or if any person who is on the 31st
day of January, 1933, a manufacturer of wheat products for
human consumption dies before the date on which he is
required to make any return under these regulations or before
he has made any such return then and in every such case the
legal personal representative of such person shall make on
behalf of such person the respective return aforesaid.
REGULATION 10.—SEED WHEAT.
(1) Notwithstanding anything to the contrary in these
regulations, an authorized broker purchasing wheat on
account of the Board may, with the permission of the Board,
himself purchase from the Board that wheat or any part
thereof as seed wheat at a price equivalent to the price for
sales effected on account of the Board determined in accord-
ance with clause (1) of Regulation 7 hereof.
(2) No commission shall be payable to the broker in respect
either of the purchase or resale of any wheat so dealt with.
(3) The authorized broker shall pay to the Board the
purchase-money for all seed wheat so purchased by him in
cash on the delivery of the wheat to the broker in pursuance
of the contract.
(4) In all other respects these regulations shall apply to any
such resale by the Board to an authorized broker in the same
manner as if the authorized broker were an independent third
person purchasing the wheat from the Board through that
broker.
(5) Save with the permission of the Board, it shall not be
lawful for a broker who has so purchased seed wheat to dispose
of it in any manner otherwise than by sale thereof as seed
wheat to farmers.
REGULATION 11.—EXPORT WHEAT.
(1) The Board may sell wheat for export subject—
(a) To the condition that no wheat disposed of under these
regulations shall be resold or offered for resale within
New Zealand :
(b) To such further conditions as the Board may think fit
to impose, including a condition that the wheat shall
be exported within a prescribed time.
(2) Any person having purchased from the Board wheat for
export who sells such wheat or offers the same for sale or
permits the same to be sold in New Zealand or who fails to
export such wheat or to cause the same to be exported from
New Zealand within the time (if any) prescribed by the Board,
or who fails to comply with any other conditions imposed by
the Board, commits an offence against these regulations.
REGULATION 12.—APPLICATION OF PROCEEDS.
(1) All moneys received by the Board from the sale of wheat
or any other source of revenue shall be applied by the Board
in the first place in payment of the expenses incurred by the
Board in carrying out the provisions of these regulations,
including clerical expenses, commission to authorized brokers,
fees to authorized graders, and a reasonable remuneration to
the members of the Board, and in the next place in payment
for wheat purchased by the Board.
(2) The balance of the funds of the Board shall, as soon as
may be after the close of the 1932-33 season, be divided
amongst the sellers of wheat to the Board to the nearest
workable fraction in proportion to the quantities of wheat sold
by them to the Board.
(3) The Board may at any time make an interim division
of any part of its funds on account of the division directed to
be made by the last preceding clause hereof.
(4) Any balance in the hands of the Board which—
(a) Has arisen from undistributed fractions, or
(b) Is held for the credit of sellers whom the Board is
unable to trace within such time as the Board may
in its discretion fix,
shall be paid to such institution assisting to further the
interests of agriculture in general and of wheat-growing in
particular, as the Board may select, or may be divided in the
Board’s discretion amongst any two or more of such in-
stitutions in such sums or shares as the Board may decide.
REGULATION 13.—AUDIT AND ACCOUNTS.
(1) The financial accounts of the Board shall be kept in such
form as the Board with the approval of the Controller and
Auditor-General may decide.
(2) The said accounts shall be subject to audit by the Audit
Office as if the Board were a local authority within the meaning
of section 124 of the Public Revenues Act, 1926, and Part XIV
of that Act shall accordingly apply, subject to the express
provisions of this regulation.
(3) The expenses of such audit shall from time to time be
determined by the Controller and Auditor-General, and when
so determined shall be recoverable as a debt due to the Crown
and be a first charge on the funds of the Board.
(4) A summary of the accounts of the Board duly audited
shall be published at such time and in such manner as the
Minister may from time to time direct.
REGULATION 14.—OFFENCES.
(1) 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.
(2) Every authorized 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 Board
under these regulations.
(3) Every seller of wheat to the Board or purchaser of wheat
from the Board under these regulations who commits a wilful
breach of his contract with the Board shall be guilty of an
offence against these regulations and shall be liable
accordingly.
(4) Every person who being a servant or agent of any
authorized broker or of any such seller or purchaser of wheat,
wilfully does any act whereby or in consequence of which such
authorized broker, seller, or purchaser breaks his contract
with the Board, shall be guilty of an offence against these
regulations and shall be liable accordingly.
(5) Every person who deceives or attempts to deceive an
authorized broker or the Board in the exercise of its functions
under these regulations shall be guilty of an offence against
these regulations and shall be liable accordingly.
(6) Every person who incites, aids, abets, counsels, or
procures any other person, or conspires with any other person,
to commit an offence against these regulations shall be guilty
of an offence against these regulations and shall be liable
accordingly.
(7) Every person who fails to make in accordance with these
regulations any return required thereby or in pursuance
thereof, or who makes any such return which is false or
misleading in any particular, shall be guilty of an offence
against these regulations and shall be liable accordingly.
C. A. JEFFERY,
Acting Clerk of the Executive Council.
By Authority: W. A. G. SKINNER, Government Printer, Wellington.
Price 6d.]
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VUW Te Waharoa —
NZ Gazette 1933, No 1
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NZ Gazette 1933, No 1
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Board of Trade (Wheat) Regulations, 1933
(continued from previous page)
🏭 Trade, Customs & Industry6 January 1933
Regulations, Wheat, Board of Trade, Wheat Purchase Board, Wheat Marketing Agency Company
- C. A. Jeffery, Acting Clerk of the Executive Council