APRIL 24] THE NEW ZEALAND GAZETTE 529

Price Order No. 536 (Fruit canned by S. Kirkpatrick and Co., Ltd.,
or Thompson and Hills, Ltd.)

—

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 Com-
merce, doth hereby make the following Price Order:—

PRELIMINARY

1. This Order may be cited as Price Order No. 536, and shall
   come into force on the 25th day of April, 1946.

2. (1) Price Orders No. 455† and No. 479‡ are hereby revoked,
   and Price Order No. 298§ is hereby revoked in its application to
   canned fruit packed in New Zealand.

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

3. Unless the context otherwise requires, terms and expressions
   defined in the Control of Prices Emergency Regulations 1939,* when
   used in this Order, have the meanings severally assigned thereto by
   those regulations.

APPLICATION OF THIS ORDER

4. This Order applies with respect to all peaches, apricots, and
   pears that are canned in New Zealand by or on behalf of S. Kirk-
   patrick and Co., Ltd., or Thompson and Hills, Ltd. (either company
   in this Order being referred to as “the canner”), but does not apply
   to peaches, apricots, or pears canned by any other person.

FIXING MAXIMUM PRICES OF GOODS TO WHICH THIS ORDER APPLIES

Canners’ Prices

5. (1) Subject to the following provisions of this clause, the
   maximum price that may be charged or received by the canner for
   any goods to which this Order applies, when sold to a wholesaler,
   shall be the appropriate price specified in the Schedule hereto.

(2) The maximum price fixed as aforesaid shall be reduced by a
trade discount of 10 per cent. thereof, and the price so calculated
shall be further reduced as follows:—

(a) By a discount of 3 per cent. thereof where payment is made
within seven days from the date of invoice; or

(b) By a discount of 2½ per cent. thereof where payment is
made after seven days from the date of invoice but on
or before the 20th day of the month following the month
in which delivery is made to the wholesaler.

(3) In respect of deliveries (whether made to a wholesaler or
to any person on behalf of a wholesaler) to Auckland, Wellington,
Palmerston North, Christchurch, Dunedin, Invercargill, Timaru,
Oamaru, Blenheim, Nelson, Picton, Motueka, Kaikoura, Takaka,
or Collingwood, the maximum prices fixed by the foregoing provisions
of this clause are fixed as for delivery free of transport charges into
the consignee’s store:

Provided that, in respect of deliveries to a consignee in Palmers-
ton North, the canner may make an additional charge computed at a
rate not exceeding 25s. per ton gross weight of the goods comprised
in the delivery. Any additional charge made pursuant to this
proviso shall be subject to the discount of 3 per cent. or 2½ per cent.,
as the case may be, provided for in paragraphs (a) and (b) of the
last preceding subclause.

(4) In respect of deliveries (whether made to a wholesaler or
to any person on behalf of a wholesaler) to Greymouth, Lyttelton,
Bluff, Hamilton, Gisborne, Whangarei, New Plymouth, Westport,
Wairoa, Wanganui, or Napier, the maximum prices fixed by the
foregoing provisions of this clause are fixed as for delivery by the
consignor on the same terms and conditions as to payment of charges
on account of sea freight, marine insurance, and rail and road
transport freight as existed prior to the coming into force of this
Order.

Wholesalers’ Prices

6. (1) Subject to the following provisions of this clause, the
   maximum price that may be charged or received by any wholesaler
   for any goods to which this Order applies shall be the appropriate
   price specified in the Schedule hereto.

(2) Except as provided in subclause (3) hereof and subject to
the provisions of subclause (4) hereof, the maximum price that may
be charged or received for any goods to which this Order applies by
any wholesaler in the course of a business carried on elsewhere than
at Auckland, Wellington, Christchurch, Dunedin, Invercargill,
Timaru, Oamaru, Blenheim, Picton, Motueka, Kaikoura, Takaka,
Collingwood, Greymouth, Westport, Lyttelton, Bluff, Hamilton,
Gisborne, Whangarei, New Plymouth, Tauranga, Wanganui, Napier,
or Nelson shall be the price fixed by subclause (1) hereof, increased
as follows:—

In respect of 16 oz. containers: By 3d. per dozen.
In respect of 30 oz. containers: By 6d. per dozen.
In respect of half-gallon (nominal) containers: By 9d. per dozen.
In respect of one-gallon (nominal) containers: By 1s. 6d. per
dozens.

(3) Subject to the provisions of subclause (4) hereof, the maxi-
mum price that may be charged or received for any goods to which
this Order applies by any wholesaler in the course of a business
carried on at Palmerston North or Wairoa shall be the price fixed
by subclause (1) hereof, increased as follows:—

In respect of 16 oz. containers: By 2d. per dozen.
In respect of 30 oz. containers: By 4d. per dozen.
In respect of half-gallon (nominal) containers: By 6d. per dozen.
In respect of one-gallon (nominal) containers: By 1s. per dozen.

(4) The prices fixed by the foregoing provisions of this clause
are fixed subject to the same terms and conditions with respect to
cash and other discounts and with respect to freight arrangements
as existed between individual wholesalers and retailers immediately
prior to the coming into force of this Order.

(5) The foregoing provisions of this clause shall apply with
respect to sales made by the canner to a retailer for the purpose
of retail sale.

Retailers’ Prices

7. The maximum price that may be charged or received by any
   retailer for any goods to which this Order applies shall be deter-
   mined in accordance with the following provisions, namely:—

(a) When sold by a retailer in any area within which any
wholesaler carrying on business at Auckland, Wellington,
Christchurch, Dunedin, Invercargill, Timaru, Oamaru,
Blenheim, Picton, Motueka, Kaikoura, Takaka, Colling-
wood, Greymouth, Westport, Lyttelton, Bluff, Hamilton,
Gisborne, Whangarei, New Plymouth, Tauranga, Wanga-
nui, Napier, or Nelson normally undertakes the free
delivery of goods to retailers, the maximum retail price
shall be the appropriate maximum price specified in the
Schedule hereto.

(b) When sold by a retailer in any other area, the maximum
retail price shall be the appropriate maximum price
specified in the Schedule hereto, increased as follows:—

In respect of 16 oz. containers: By ½d.
In respect of 30 oz. containers: By 1d.
In respect of half-gallon (nominal) containers: By
1½d.
In respect of one-gallon (nominal) containers: By
3d.

8. Notwithstanding anything in the foregoing provisions of this
   Order and subject to such conditions, if any, as it thinks fit, the
   Tribunal, on application by the canner or by any wholesaler or
   retailer, may authorize special maximum prices in respect of any
   goods to which this Order applies where for any reason extraordinary
   charges (freight or otherwise) are incurred by the canner, wholesaler,
   or retailer. Any authority given by the Tribunal under this clause
   may apply with respect to a specified lot or consignment of goods
   or may relate generally to all goods to which this Order applies sold
   by the canner, wholesaler, or retailer while the approval remains in
   force.

—

SCHEDULE

MAXIMUM BASIC PRICES OF GOODS TO WHICH THIS ORDER APPLIES

Dated at Wellington, this 18th day of April, 1946.

The Seal of the Price Tribunal was affixed hereto in the presence of—

[L.S.]

W. J. HUNTER, (Judge), President.
H. L. WISE, Member.

• Statutory Regulations 1939, Serial number 1939/275, page 1057. † Gazette, 1st November, 1945, Vol. III, page 1378. ‡ Gazette, 31st January, 1946,
  Vol. I, page 107. § Gazette, 21st December, 1944, Vol. III, page 1551.