Num. 15

233

SUPPLEMENT

TO THE

NEW ZEALAND GAZETTE

OF

THURSDAY, FEBRUARY 22, 1945

Published by Authority

WELLINGTON, MONDAY, FEBRUARY 26, 1945

Price Order No. 340 (Main Crop Potatoes)

——

PURSUANT to the powers conferred on it by the Control of Prices Emergency Regulations 1939,* the Price Tribunal, acting with the authority of the Minister of Industries and Commerce, doth hereby make the following Price Order:—

PRELIMINARY

1. This Order may be cited as Price Order No. 340, and shall come into force on the 1st day of March, 1945.

2. (1) Price Order No. 196† and the several amendments‡ thereof are hereby revoked.

(2) The revocation of the said Price Order and its amendments shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this Order.

3. (1) In this Order, unless the context otherwise requires,—

“ The said regulations ” means the Control of Prices Emergency Regulations 1939* :

“ Distributor ”, in relation to any lot of potatoes, means a wholesaler, as defined in the said regulations, who sells those potatoes otherwise than to a retailer for purposes of retail sale :

“ Grower ”, in relation to potatoes, means a person engaged in the business of growing potatoes for sale :

“ Grower’s station ”, in relation to any grower, means the railway-station that is nearest or most convenient of access to the grower’s premises :

“ Tagged potatoes ” means potatoes which, being grown in the North Island by members of an association approved for the purpose by the Minister of Agriculture, are graded according to standards laid down by the association concerned and are bagged in sacks bearing the official tag of the association and endorsed with the registered number of the grower :

The expression “ f.a.q. ”, in relation to any potatoes, means potatoes of fair average quality, as determined in accordance with the rules laid down in clause 11 (3) hereof :

The expression “ f.o.b.s.i. ” means “ free on board, sacks or other containers included ”, and the expression “ f.o.r.s.i. ” means “ free on rail, sacks or other containers, included. ”

(2) Terms and expressions defined in the said regulations, when used in this Order, have the meanings severally assigned thereto by those regulations.

4. Subject to any general or specific directions that may be given by or on behalf of the Tribunal, any expenses that are reasonably incurred by a distributor, wholesaler, or retailer in undertaking the transport of any potatoes at his own expense may be regarded for the purposes of this Order as if they were transport charges paid by him, and the maximum price of the potatoes shall be determined accordingly.

5. The provisions of this Order shall apply notwithstanding that any potatoes to which this Order is applicable are sold otherwise than by weight.

6. The several prices fixed by this Order apply with respect to sales by auction as well as to other sales.

7. The several prices fixed by this Order include the cost of sacks or other containers.

APPLICATION OF THIS ORDER

8. (1) This Order applies only with respect to potatoes that are intended for human consumption.

(2) All potatoes sold or delivered to a purchaser during the currency of this Order shall be deemed to be intended for human consumption unless they are sold for some other specific purpose.

9. (1) The provisions of this Order fixing growers’ prices shall apply only with respect to potatoes grown in New Zealand that are the produce of seed potatoes planted on or before the 31st March, 1945, and that are delivered to the purchaser after the commencement of this Order and on or before the 30th November, 1945.

(2) For the purposes of the last preceding subclause no potatoes sold on the basis of f.o.b.s.i. or f.o.r.s.i. shall be deemed to be delivered to the purchaser after the commencement of this Order if—

(a) In the case of sales f.o.b.s.i., the vessel on which the potatoes are laden leaves the port of shipment at any time before midnight of the 28th day of February, 1945; or

(b) In the case of sales f.o.r.s.i., the trucks on which the potatoes are laden leave the grower’s station at any time before midnight of the said date.

(3) Except as provided in the last preceding subclause potatoes sold f.o.b.s.i. or f.o.r.s.i. shall be deemed to be delivered to the purchaser after the commencement of this Order notwithstanding that they may have been actually laden on board any vessel or trucks before the commencement of this Order.

10. (1) With respect to potatoes grown in New Zealand, the provisions of this Order as to distributors’ prices, wholesalers’ prices, and retailers’ prices respectively shall apply only with respect to potatoes that are the produce of seed potatoes planted on or before 31st March, 1945.

(2) Except as provided in the last preceding subclause, the provisions of this Order as to distributors’ prices, wholesalers’ prices, and retailers’ prices respectively shall apply with respect to all potatoes intended for human consumption (whether grown in New Zealand or imported into New Zealand) that are sold by a distributor, wholesaler, or retailer (as the case may be) for delivery at any time after the coming into force of this Order.

• Statutory Regulations 1939, Serial number 1939/275, page 1057.

† Gazette, 22nd February, 1944, Vol. I, page 171.

‡ No. 236 : Gazette, 18th May, 1944, Vol. II, page 592.

No. 252 : Gazette, 30th June, 1944, Vol. II, page 852.

No. 263 : Gazette, 1st August, 1944, Vol. II, page 937.

No. 285 : Gazette, 2nd November, 1944, Vol. III, page 1311.