Wheat Regulations




Dec. 13.] THE NEW ZEALAND GAZETTE. 3935

(3) On or before the 15th day of February, 1936, every manufacturer of wheat-products for human consumption carrying on business in New Zealand shall make to the Committee a return showing—

(a) His probable requirements of wheat for milling for the period between the 1st day of March, 1936, and the 28th day of February, 1937:

(b) His carry-over of stocks of wheat, flour, bran, and pollard as at the 31st day of January, 1936.

(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, 1936, make to the Committee 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 Committee, 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 Committee 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 1935–36 dies before the date as at which particulars of wheat grown by him are required by the Committee 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, 1936, 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 Committee may, with the permission of the Committee, himself purchase from the Committee that wheat or any part thereof as seed wheat at a price equivalent to the price for sales effected on account of the Committee 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 Committee 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 Committee to an authorized broker in the same manner as if the authorized broker were an independent third person purchasing the wheat from the Committee through that broker.

(5) Save with the permission of the Committee, 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 Committee 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 Committee 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 Committee 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 Committee, or who fails to comply with any other conditions imposed by the Committee, commits an offence against these regulations.

REGULATION 12.—BORROWING.

The Committee may from time to time at its discretion raise or borrow any sum or sums of money for the better carrying-out of any of the purposes of the Committee (but so that no lender or other person dealing with the Committee shall be concerned as to the application or be affected by the misapplication of any sums so raised or borrowed), and to give for the repayment of any such moneys and the payment of interest thereon such security over wheat belonging to the Committee or over any other property of the Committee as the Committee may think fit, and from time to time to redeem, pay off, or replace any such securities.

REGULATION 13.—APPLICATION OF PROCEEDS.

(1) All moneys received by the Committee from the sale of wheat or any other source of revenue shall be applied by the Committee in the first place in payment of the expenses incurred by the Committee 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 Committee, fees to graders, and a reasonable remuneration to the members of the Committee, including the payment of all expenses of such members of and incidental to attending meetings of the Committee, or allowances in respect of such expenses, and in the next place in payment for wheat purchased by the Committee.

(2) The balance of the funds of the Committee shall, as soon as may be after the close of the 1935–36 season, be divided amongst the sellers of wheat to the Committee to the nearest workable fraction in proportion to the quantities of wheat sold by them to the Committee.

(3) The Committee 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 moneys payable by the Committee to a seller of wheat pursuant to this regulation may, in the Committee’s discretion, be paid on his behalf to any authorized broker through whom any wheat of such seller has been purchased by the Committee, and the receipt of such broker shall be a good and sufficient discharge to the Committee for all moneys so paid.

(5) Any balance in the hands of the Committee which—

(a) Has arisen from undistributed fractions; or

(b) Is held for the credit of sellers whom the Committee is unable to trace within such time as the Committee may in its discretion fix,—

shall be paid to such institution assisting to further the interests of agriculture in general and of wheatgrowing in particular, as the Committee may select, or may be divided in the Committee’s discretion amongst any two or more of such institutions in such sums or shares as the Committee may decide.

REGULATION 14.—1934–35 REGULATIONS.

(1) Save as hereinafter provided, the Board of Trade (Wheat) Regulations, 1934–35 (hereinafter referred to as “the 1934–35 Regulations”) are revoked as from the date of the coming into force of these regulations.

(2) The Wheat Committee incorporated under these regulations shall continue the administration and winding-up of the wheat-marketing scheme established by the 1934–35 Regulations, and shall for such purpose have all the powers and duties imposed upon the Board established under the 1934–35 Regulations in addition to the powers conferred and duties imposed by these regulations.

(3) The Committee shall complete the winding-up of the said wheat-marketing scheme as expeditiously as circumstances will permit, and shall apportion equitably between the 1934–35 and 1935–36 wheat-marketing schemes all expenses of and incidental to each.

(4) The Committee may, in its discretion, use the funds of the 1934–35 scheme temporarily for the carrying-on of the 1935–36 scheme, including the purposes set out in clause (6) of this regulation, but subject to proper adjustment and repayment as circumstances shall permit.

(5) The Committee’s decision on any matter of and incidental to adjustment between the 1934–35 and 1935–36 wheat-marketing schemes, whether as to expenses and use of funds as aforesaid or otherwise, shall be final.

(6) In order to complete the administration and winding-up of the 1934–35 wheat-marketing scheme, the Committee shall have power, in its discretion, to take over on behalf of the 1935–36 scheme any surplus 1934–35 wheat remaining on its hands. Such taking-over shall be at a valuation to be fixed by the



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🏭 Board of Trade (Wheat) Regulations, 1935-36 (continued from previous page)

🏭 Trade, Customs & Industry
12 December 1935
Regulations, Wheat, Board of Trade, Committee, Definitions, Seed Wheat, Export Wheat, Borrowing, Application of Proceeds, 1934–35 Regulations