670

THE NEW ZEALAND GAZETTE.

[No. 27

(7) Any account for the time being established under the
last preceding clause of this regulation shall be operated on
as the Committee may direct, but so that every cheque or
other negotiable instrument drawn upon such account or
accepted or endorsed for the Committee and passed through
such account shall be signed on behalf of the Committee by
at least three persons of whom one at least shall be a member
of the Committee and of whom any one who is not a member
of the Committee shall be an employee or regularly appointed
agent of the Committee:

Provided that any negotiable instrument may be endorsed
for collection to such bank as aforesaid by a single one of the
three persons aforesaid acting for the Committee.

(8) The Committee shall have power to sue for, recover,
enforce, and receive all debts, damages, claims, contracts,
and moneys due, owing, or claimable from any person for or
on account of any flour sold by, through, or at the direction
of the Committee, or in respect of any contract entered into
by the Committee, or arising out of the exercise by the Com-
mittee of any of the powers conferred on the Committee by
these regulations.

(9) The Committee may, with the written approval of the
Minister, establish a fund to be vested either in the Committee
or in trustees for the purpose of affording for its officers
or any of them or any class of officers any such benefits
as pensions, superannuation allowances, sick-pay, accident
compensation, and similar benefits, and may make arrange-
ments with the National Provident Fund or the Government
Insurance Commissioner for the provision of any such benefits,
and may for the purposes aforesaid establish schemes, enter
into contracts, make by-laws, and make payments into a
fund or to trustees, or to the National Provident Fund, or
the Government Insurance Commissioner, as the case may
require.

(10) The Committee may exercise any of its powers within
New Zealand or elsewhere.

REGULATION 3.-MILLOWNERS TO DEAL THROUGH THE
COMMITTEE.

(1) Except through the agency of the Committee no miller
shall (whether as principal, agent, or otherwise, and whether
in New Zealand or elsewhere) sell, or offer or agree to sell,
or purchase or offer or agree to purchase, any flour, or be
concerned in the making or fulfilment or completion of any
sale or purchase of flour, or of any offering or agreement
for the sale or purchase of flour, whether such fulfilment or
completion relates to an offer or agreement made before or
after the enactment of these regulations :

Provided that any stock of imported flour or of flour manu-
factured in New Zealand from imported wheat if such stock
be held by any miller or contracted for overseas prior to the
10th day of February, 1936, and any flour manufactured
after the 10th day of February, 1936, from wheat imported
or contracted for overseas prior to that date may, with the
consent of the Committee, be sold otherwise than through
the agency of the Committee.

(2) Every miller shall employ the Committee as his agent
to sell and dispose of all flour which he has available for sale
for delivery in New Zealand and elsewhere, and the Committee
shall act as his agent for that purpose upon the terms com-
prised in these regulations and such additional terms not
inconsistent therewith as the Committee may from time to
time think fit to impose.

(3) Nevertheless, any miller may grist wheat and effect
retail sales for cash at the mill-door up to a total quantity
of five tons of flour in any secular month :

Provided that—

(i) Every miller so gristing wheat or selling flour in any
week shall not later than the Tuesday of the next
week supply to the Committee particulars of all such
gristings and sales :

(ii) In computing sales of flour for purposes of the monthly
quota hereinafter provided for such gristings and
sales shall be taken into account as if they had
been sales of flour effected by the Committee as part
of such monthly quota but so that gristings and sales
effected during a week that falls into two calendar
months shall, if the first day of the second month
is a Thursday or later day of the week, be assigned
to the first of such months, otherwise to the second
month.

(4) Nevertheless, also, any miller whose annual output does
not exceed fifty tons of flour may with the consent of the
Committee grist wheat and sell flour up to the annual output
aforesaid otherwise than through the agency of the Committee,
and the Committee may under special circumstances extend

the benefit of this clause to any other miller to such extent
(including extent of annual output exceeding fifty tons) upon
such terms and conditions as the Committee may impose:
Provided that—

(i) Every miller so gristing wheat or selling flour shall not
later than the third day of every month supply to
the Committee particulars of all wheat so gristed
and all sales of flour so made during the preceding
month :

(ii) In computing sales of flour for purposes of the monthly
quota hereinafter provided for such gristings and
sales shall be taken into account as if they had
been sales of flour effected by the Committee as part
of such monthly quota ;

(iii) Any consent of the Committee or extension as afore-
said may at any time be revoked by notice to the
miller concerned.

(5) Every miller desiring to purchase any flour whether in
New Zealand or elsewhere shall, if the Committee thinks fit
so to require, employ the Committee as his agent to effect
such purchase, and the Committee shall act as his agent for
that purpose upon the terms comprised in these regulations
and such additional terms not inconsistent therewith as the
Committee may from time to time think fit to impose.

REGULATION 4.-PRICES AND QUOTAS.

(1) The Committee shall from time to time fix and notify
current sale prices for flour of fair average quality, and may,
if it thinks fit, fix and notify varying current sale prices
according to nature of product, or by-product character of
wheat gristed, locality of milling, or any other factor which
in the opinion of the Committee affects the value of the flour
or product.

(2) Such prices may be fixed in respect of any future period
or until further notice, and may in respect of any period or
portion of a period not yet elapsed be from time to time
revoked and replaced by other prices so fixed and notified.

(3) The Committee shall in respect of every month fix in
respect of every mill a monthly quota of flour.

(4) The Committee may in fixing any monthly quota of
flour fix separately the amounts of white flour, wheatmeal,
bran, pollard, and any other product of the milling of wheat.

(5) The Committee shall as far as possible fix each monthly
quota so as to bear the same proportion to the aggregate of
monthly quotas as the usual output of the mill as estimated
by the Committee for any determined period bears to the total
usual output of all mills in New Zealand as so estimated for
that period.

REGULATION 5.-SALES OF FLOUR.

(1) The Committee shall in every month endeavour to sell
on behalf of every miller at the appropriate current sale price
the monthly quota of flour fixed as aforesaid for that month in
respect of each mill belonging to such miller.

(2) The sales effected on behalf of every miller shall be
apportioned as far as possible according to the ratio that
the monthly quota for mills belonging to such miller bears to
the aggregate of monthly quotas, and in respect of quantities
undersold or oversold in any month on behalf of any miller
the Committee shall make an adjustment as far as may be in
the sales of a subsequent month.

(3) All flour disposed of by the Committee shall be disposed
of upon such terms of payment, including the giving of credit
with or without security and such other terms and conditions
as to place of delivery and otherwise, as the Committee may
from time to time decide upon.

(4) Every miller shall on receiving notice from the Com-
mittee deliver all flour sold by the Committee at such places
of delivery to such persons at such times in such quantities
and generally in such manner in every respect as the Com-
mittee shall reasonably require.

REGULATION 6.—LIABILITIES ARISING ON SALE OF FLOUR.

(1) The Committee shall subject to clause (2) of this regu-
lation be liable for sales actually effected in each month.

(2) Nevertheless the Committee shall not be liable for
failure to effect a sale if such failure is due to inferior quality
of the flour or the sacks in which it is contained or failure
by the miller to comply with any provision contained in a
contract of sale.

(3) The Committee shall indemnify the miller against loss
incurred on any sale effected through the agency of the
Committee and arising from default in payment on the part of
the purchaser or from any breach, non-observance, or non-
performance of any contract in respect of the sale of flour
entered into by the Committee.

(4) Any legal proceedings taken by the Committee under the
powers conferred by clause (8) of Regulation 2 hereof upon
any contract made by the Committee may be taken in the