586
THE NEW ZEALAND GAZETTE.
[No. 21

PART III.—EXECUTIVE COMMITTEE.

3 : 1. For the purposes of these regulations there shall be an executive committee to consist of the following persons :—
(i) The Mayor for the time being of the City of Christchurch who shall also be Chairman :
(ii) The person for the time being holding office as Deputy Mayor of the City of Christchurch who shall be Chairman in the absence of the Mayor.
(iii) One person appointed by the Christchurch Suburban Local Bodies’ Association.
(iv) The person for the time being holding office under the Transport Licensing Act, 1931, as Transport Licensing Authority for the No. 3 Transport District, or if such Licensing Authority at any time consists of more than one person, then the Chairman thereof.

3 : 2. Any person appointed in terms of paragraph (iii) of Regulation 3 : 1 hereof, may resign his office by writing under his hand addressed to the Town Clerk, or may be removed from office by notice addressed to him by the Christchurch Suburban Local Bodies’ Association, and in such case, or in case of his death, his office shall become vacant, and shall be filled by appointment by the said Association after following the same procedure as in making the original appointment.

3 : 3. No member of the Committee if acting bona fide shall be personally liable for any default of the Committee or any act of the Committee when such default or act occurs in the course of the operations of the Committee, and no officer of the Council carrying out any directions of the Committee if acting bona fide shall be personally liable for any default in the course of his authorized duties.

3 : 4. For the purposes of any exercise of the powers of the Committee the provisions of the Commissions of Inquiry Act, 1908, shall, so far as they are applicable, apply as if the Committee were a Commission of Inquiry appointed under that Act.

3 : 5. Any decision of the Committee shall be affected by means of a resolution passed at a meeting called as hereinafter provided and concurred in by a majority vote of members then present and forming a quorum. In the event of the votes on any resolution being even, the Chairman shall have a casting vote.

3 : 6. Unless and until the Committee shall from time to time by resolution otherwise provide, a quorum of the Committee shall consist of two members.

3 : 7. No act or proceeding of the Committee, or of any person acting as a member of the Committee, shall be invalidated in consequence of there being a vacancy in the Committee at the time of such act or proceeding, or of the subsequent discovery that there was some defect in the appointment of any person so acting, or that he was incapable of being such member.

3 : 8. The Committee shall hold its meetings at such times and at such places as it from time to time appoints, save that the first meeting shall be convened by the Town Clerk.

3 : 9. If no quorum is present within half an hour of the time fixed for the holding of any meeting, the same shall stand adjourned from day to day at the same time and place until a quorum is assembled.

3 : 10. The Committee may, subject to the provisions of these regulations, make rules,—
(a) For the notification to members of time and place of meetings, for the conduct of meetings, for the recording of its decisions, and generally for regulating its procedure in any respect not expressly provided for by these regulations :
(b) Providing for the payment to members of such allowances, not exceeding two guineas per meeting for the Chairman and one guinea per meeting for other members, as are fixed by the Committee and approved by the Minister :
(c) Concerning anything incidental to the provisions and purposes of these regulations and not herein provided for.

3 : 11. Any public notification given by the Committee shall be sufficient if purporting to be by order of the Committee and if verified by the signature of the Town Clerk or appended thereto of a person purporting to be the Secretary of the Committee, and any license, notice, or other document issued by the Committee or the Council under these regulations shall be sufficient if purporting to be by order of the Committee and to be signed by the Town Clerk.

3 : 12. A copy of any resolution or decision of the Committee certified by the Town Clerk to be correct shall, until the contrary is proved, be sufficient evidence of such resolution or decision in any proceedings under these regulations.

3 : 13. A certificate signed by the Town Clerk to the effect that any person required to be licensed under these regulations was at the date of the certificate so licensed or not so licensed shall, until the contrary is proved, be sufficient evidence of the matters stated therein.

3 : 14. Any return, notice, or other document required or desired to be given to or served on the Committee shall be sufficiently given or served if addressed to the Committee and given to or served upon the Town Clerk.

PART IV.—MILK-VENDORS’ LICENSES.

4 : 1. Every application for a milk-vendor’s license under these regulations shall be made in writing addressed to the Town Clerk and signed by the applicant, and shall contain such information relating to the extent of the applicant’s business as the Committee may from time to time generally or for the purposes of any particular case or cases require.

4 : 2. In considering any application for a license, and the conditions to be imposed in any license which the Committee in its discretion elects to grant, the Committee shall have regard to the situation of the locality from which supplies are to be drawn, the volume of business carried on by an applicant prior to the coming into force of these regulations, and the desirability of reducing, so far as may be in the public interest, the amount of oil fuel used in the procuring and delivery of milk and the man-power, time, and number of vehicles therein involved.

4 : 3. In granting any milk-vendor’s license the Committee may prescribe—
(a) The period or occasion of the license :
(b) The localities to be served or the route or routes within the district to be traversed and the frequency of service in the delivery of milk :
(c) Such other terms or conditions incidental to the matters described in paragraphs (a) and (b) hereof as may, in the opinion of the Committee, be desirable.

4 : 4. It shall be a condition of every milk-vendor’s license (whether inserted therein or not) that the licensee will not abandon or curtail the service authorized by the license without the consent of the Committee, to which he shall give not less than twenty-eight days’ notice of his desire to abandon or curtail the service.

4 : 5. Subject to appeal as hereinafter provided, the Committee shall have the powers of a Licensing Authority under the Transport Licensing Act, 1931, in respect of the revocation, suspension, amendment, review, and transfer of any milk-vendor’s license.

4 : 6. The Committee may, subject to these regulations and for the purpose of carrying out its functions under these regulations,—
(a) Call for and obtain such information or returns as in the opinion of the Committee are necessary or desirable :
(b) Require milk-vendors to keep such books and records as may be deemed necessary or desirable by the Committee, and in such forms as it may from time to time prescribe :
(c) Recommend the Oil Fuel Controller appointed under the Oil Fuel Emergency Regulations 1939 to refuse, restrict, or increase the supply of oil fuel to any milk-vendor :
(d) Arrange for meetings and consultations of milk-vendors and dairymen in order that they may submit to the Committee schemes for the purpose of enabling the Committee to carry out its functions :
(e) Approve any scheme or schemes so submitted :
(f) If no scheme submitted in terms of paragraph (d) hereof is to the satisfaction of the Committee, the Committee itself may take such steps as it deems necessary to carry out its functions, and in particular amend or modify any schemes submitted to it as hereinbefore provided or itself initiate any scheme or schemes.

PART V.—FINANCIAL PROVISIONS.

5 : 1. The expenses of administering these regulations shall be borne by the Council out of the moneys in its District Fund.

5 : 2. For the purpose of recouping the Council for the expenses aforesaid, including the services of the Council’s officers afforded to the Committee, the Committee shall from time to time by resolution impose a levy on all milk sold within the district by milk-vendors, and such levy may from time to time be increased or reduced :
Provided that every increase or reduction shall take effect on the first day of some calendar month to be specified in the Committee’s resolution.

5 : 3. Notice of the amount of the levy or of any increase or reduction therein and of the date when the levy or the increase or reduction therein shall take effect shall be published by the Committee at least seven days prior to such date in some newspaper circulating within the district.

5 : 4. The levy shall be fixed as a rate payable in respect of each gallon of milk sold as aforesaid and shall not exceed the rate of ¹⁄₁₀d. a gallon.

5 : 5. For the purpose of assessment of levy, a sale of any quantity of cream shall be deemed to be a sale of twelve times that quantity of milk.

5 : 6. The amount of the levy imposed in respect of milk sold in every calendar month shall be due and payable on the fourteenth day of the next succeeding month.

5 : 7. Every milk-vendor who fails to make any payment of levy within seven days after the due date thereof may, in the discretion of the Committee, be required to make an additional payment of 10 per cent. of the sum due and