Wheat Regulations




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(13) In the case of persons carrying on business in partnership a warrant issued to them jointly in their own names or in the name of the partnership firm shall authorize a joint purchase or purchases by them to the extent and subject to the conditions and restrictions appearing in the warrant.

(14) Any person aggrieved by any decision of the Board in respect of any matter dealt with under this regulation may appeal to the Minister, whose decision shall be final, and the Board and all parties shall comply with such decision.

REGULATION 7.—SALES OF WHEAT BY THE BOARD.

(1) The prices, terms, and conditions on which wheat is sold by the Board shall be such as the Board shall from time to time in its discretion fix, and the Board may fix varying prices for different qualities and kinds of wheat or for delivery at different times or places or otherwise.

(2) On effecting a sale of wheat on account of the Board the authorized broker shall at once endorse on the purchaser's wheat-purchase warrant such particulars of the transaction as the Board may prescribe.

(3) Payment for wheat sold by the Board shall be made by the buyer to the authorized broker on account of the Board, 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.

(4) All purchase-money in arrear and unpaid shall bear interest at the rate of 8 per centum per annum, payable on demand.

(5) When wheat is sold for delivery by instalments each instalment shall be treated as the subject of a separate contract, and payment shall be made accordingly.

(6) All moneys received by an authorized broker shall be paid by him to the Board immediately on the receipt thereof, and all moneys not so paid shall bear interest payable to the Board by the broker at the rate of 8 per centum per annum until so paid.

(7) Every authorized broker is deemed to guarantee to the Board the due payment by the buyer of the purchase-money for all wheat 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 Board from the broker.

(8) 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 authorized broker; and on default made by the buyer, the broker or the Board may take and retain possession of the wheat on behalf of the Board as a security for the purchase-money.

(9) Every contract made by an authorized broker for the sale of wheat on account of the Board shall be made in accordance with, and shall be deemed to 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.

(10) No person shall in the manufacture of wheat-products for human consumption, save in accordance with the terms of a consent in writing given by the Board, use—

(a) Wheat other than that sold by the Board to that person:

(b) Wheat sold by the Board for seed purposes only:

(c) Wheat sold by the Board for stock feed only.

(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 1934–35 :

(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, 1935, 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, 1935, and the 28th day of February, 1936:

(b) His carry-over of stocks of wheat, flour, bran, and pollard as at the 31st day of January, 1935.

(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, 1935, 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, purchase, or storage 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 1934–35 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, 1935, 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.



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🏭 Board of Trade (Wheat) Regulations, 1934–35 (continued from previous page)

🏭 Trade, Customs & Industry
10 December 1934
Regulations, Wheat, Board of Trade, Wheat Purchase Board, Wheatgrowers, Flour-millers