Dec. 16.] THE NEW ZEALAND GAZETTE. 3377

(11) Any consent given by the Board under the last preceding clause hereof may be given subject to such conditions as the Board may think fit, including a condition for payment to the Board of a sum not exceeding 3s. per bushel, and the Board may require the sum aforesaid to be paid to the Board before its consent is issued.

REGULATION 8.—DISPUTES.

(1) If any dispute arises as to whether any wheat offered to an authorized broker for sale to the Board is f.a.q. milling-wheat, or if any dispute arises as to whether any wheat delivered in fulfilment of any contract of purchase or sale entered into by authorized brokers on account of the Board is in accordance with the contract in respect of kind, quality, or condition, the dispute shall be determined by an authorized grader, and his decision shall be final.

(2) An authorized grader may enter upon the determination of any dispute on a reference thereof to him by the Board, with or without the concurrence of the other party concerned, and may decide the matter referred to him upon his own knowledge and judgment or a personal examination of parcels and samples, as the case may require, without the necessity of calling evidence or hearing argument on behalf of the parties.

(3) If any other dispute arises between the parties to any contract entered into by an authorized broker on account of the Board, or between an authorized broker and the Board, or between an authorized broker and any seller or purchaser of wheat to or from the Board, touching the meaning or operation of these regulations, or of any contract so entered 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 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 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 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 1933–34:
(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, 1934, 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, 1934, and the 28th day of February, 1935:
(b) His carry-over of stocks of wheat, flour, bran, and pollard as at the 28th day of February, 1934.

(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, 1934, 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 1933–34 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, 1934, 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 accordance 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, and remuneration to brokers and other persons for services rendered to the Board, fees to authorized graders, and a reasonable remuneration to the members of the Board, including the payment of all expenses of such members of and incidental to attending meetings of the Board, or allowances in respect of such expenses, 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 1933–34 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 institutions in such sums or shares as the Board may decide.

REGULATION 13.—1933 REGULATIONS.

(1) Save as hereinafter provided, the Board of Trade (Wheat) Regulations, 1933 (hereinafter referred to as “the 1933 Regulations”) are revoked as from the date of the coming into force of these regulations.