1546
THE NEW ZEALAND GAZETTE
[No. 70

4. Each person who is the occupier of premises on which milk
   is produced and from which during the period of twelve months
   before the preparation of the roll milk has been regularly supplied
   to the Corporation shall be entitled to be enrolled as an elector
   and exercise one vote if the average daily quantity of milk so
   supplied was not less than 10 gallons.

5. The Corporation shall take such steps and give such notices
   as may be reasonably necessary to enable all persons entitled in
   that behalf to be enrolled in the electors roll aforesaid, and to enable
   objections to be lodged as hereinafter provided.

6. The roll shall be completed and open for inspection at the
   office of the Corporation not later than one month before the day
   fixed by the Corporation for the election.

7. Any person may, within such time as may be fixed by the
   Corporation in that behalf, lodge with the Corporation an objection
   in writing to the roll on the grounds that any person whose name
   is on the roll does not possess the necessary qualification, or that
   any person whose name does not appear on the roll possesses the
   necessary qualification and is entitled to be enrolled, and the Cor-
   poration shall forthwith inquire into and dispose of the objection.

8. Any person aggrieved by any decision of the Corporation
   touching the electors roll may appeal therefrom to a Magistrate
   in the same way as if the electors roll were an electors list or
   roll prepared under the provisions of the Municipal Corporations
   Act, 1933, and the provisions of the Act shall, with the necessary
   modifications, extend and apply accordingly.

9. The roll shall be deemed to be closed at five o’clock in the
   afternoon of the fourteenth day preceding the day fixed for the
   election, and thereafter until the completion of the election no
   alteration of or addition to or removal from the roll shall be made
   save to give effect to any decision in respect of any objection duly
   lodged within the time limited as aforesaid for the lodging of
   objections.

10. The election shall be conducted by means of a postal
    ballot in such manner as the Corporation determines.

11. The Secretary of the Corporation, or such other officer as
    the Corporation approves in that behalf, shall be the returning
    officer for the election.

12. Subject to the foregoing provisions of this Schedule, the
    Local Elections and Polls Act, 1925, shall apply to every election
    under these regulations.

W. O. HARVEY, Clerk of the Executive Council.

The Nelson Milk Treatment Corporation Regulations 1946

B. C. FREYBERG, Governor-General
ORDER IN COUNCIL

At the Government House at Wellington, this 2nd day of
October, 1946

Present:

His Excellency the Governor-General in Council

PURSUANT to the Marketing Act, 1936, and the Agriculture
(Emergency Powers) Act, 1934, His Excellency the Governor-
General, acting by and with the advice and consent of the Executive
Council, doth hereby make the following regulations.

REGULATIONS

1. These regulations may be cited as the Nelson Milk Treat-
   ment Corporation Regulations 1946.

2. In these regulations, unless the context otherwise requires,--
   “Central Milk Council” means the Central Milk Council con-
   stiuted under the Milk Act, 1944 ;
   “Corporation” means the Nelson Milk Treatment Cor-
   poration established under these regulations :
   “Director” means a director of the Corporation and includes
   a person acting as a deputy of a director :
   “Milk” includes cream :
   “Minister” means the Minister of Marketing :
   “Treatment,” in relation to milk, includes the examination,
   cleansing, pasteurization, modification, testing, grading,
   cooling, refrigerating, bottling, or packing thereof, and
   otherwise preparing the same for sale or consumption ;
   and “treat” has a corresponding meaning.

3. (1) There is hereby established a corporation to be called
   the Nelson Milk Treatment Corporation.
   (2) Subject as hereinafter appears, the Corporation shall consist
   of four directors to be appointed from time to time by the Governor-
   General on the recommendation of the Minister either by name or
   as the holder or as the respective holders for the time being of any
   office or offices, of whom—
   (a) One shall be appointed as representative of the Government :
   (b) One shall be appointed as representative of the consumers
   on the nomination of the Nelson City Council :
   (c) One shall be appointed as representative of the producers
   on the nomination of the Nelson Co-operative Milk
   Producers’ Association, Limited :
   (d) One shall be appointed as representative of the vendors of
   milk on the nomination of Nelson Dairies, Limited.
   (3) The Corporation shall be a body corporate with perpetual
   succession and a common seal, and shall be capable of holding real
   and personal property, and of suing and being sued, and of doing all
   such acts and things as bodies corporate may lawfully do and suffer.

4. (1) The directors shall at their first meeting, and thereafter
   at a meeting held in the month of September in every subsequent
   year, elect one of their number to be Chairman. For the purposes
   of the election of Chairman the Secretary of the Corporation shall
   preside, and in the case of equality of votes shall determine the
   election by lot in such manner as he thinks fit.

(2) The Chairman shall come into office on his election, and shall
hold office until the election of his successor.
(3) The Chairman may resign his office by writing addressed
to the Secretary of the Corporation ; and in such case, or in the case
of his ceasing from any cause to be a director, his office shall become
vacant, and the Secretary shall forthwith convene a meeting of the
directors for the appointment of another Chairman.

5. (1) Except as otherwise provided in these regulations every
   director shall be appointed for a term of three years, but may from
   time to time be reappointed.
   (2) Notwithstanding anything to the contrary in these regula-
   tions, every director, unless his office is sooner vacated as hereinafter
   provided, shall continue to hold office until his successor comes into
   office.

6. (1) Any director may at any time be removed from office by
   the Governor-General for inefficiency, disability, insolvency, neglect
   of duty, or misconduct proved to the satisfaction of the Governor-
   General, or may at any time resign his office by writing addressed
   to the Secretary of the Corporation, who shall forthwith give notice
   of the resignation to the Minister.
   (2) If any director dies, or resigns, or is removed from office,
   or if he is concerned or interested (otherwise than as a member of a
   corporate body in which there are more than twenty members and
   of which he is not the general manager) in any contract with the
   corporation other than a contract relating to the sale, purchase,
   collection, delivery, or treatment of milk, his office shall become
   vacant and the vacancy shall be deemed to be an extraordinary
   vacancy.
   (3) In case of any extraordinary vacancy the Governor-General
   may appoint some fit person to be a director for the residue of the
   term for which the vacating director was appointed. Any such
   appointment shall be made in the same manner as the appointment
   of the vacating director.
   (4) The powers of the Corporation shall not be affected by the
   fact that at any time there may be less than the full number of
   directors in office.

7. (1) In any case in which the Corporation is satisfied that any
   director is incapacitated by illness, absence, or other sufficient
   cause from performing the duties of his office, the Corporation,
   with the consent of the body which nominated the director so
   incapacitated, may appoint a deputy to act for that director during
   his incapacity, and any such deputy shall, while he acts as such,
   be deemed to be a director :
   Provided that in the case of the incapacity of the director
   appointed as representative of the Government, the deputy shall
   be appointed by the Minister.
   (2) No such appointment of a deputy and no acts done by him
   as such shall in any proceedings be questioned on the ground that
   the occasion for his appointment had not arisen or had ceased.

8. (1) If, pursuant to any guarantee given by the Minister of
   Finance in respect of the liabilities of the Corporation, any moneys
   are paid on behalf of the Crown to any creditor of the Corporation,
   or if the Corporation makes default in the repayment of any moneys
   lent to the Corporation by the Minister of Finance, the Minister of
   Marketing may on behalf of the Government refer to the Central
   Milk Council for inquiry and for its recommendation the question
   of the manner in which the business of the Corporation has been or
   should be conducted or managed.
   (2) In any case where a matter has been referred to the Central
   Milk Council for inquiry pursuant to subclause (1) of this regulation,
   the Central Milk Council shall conduct a local inquiry under section 103
   of the Milk Act, 1944.
   (3) If after an inquiry as aforesaid the Central Milk Council
   reports that the business of the Corporation has been inefficiently
   conducted and recommends that any of the directors should be
   removed from office, the Governor-General may in his discretion
   remove those directors from office accordingly and thereafter, if the
   persons so removed from office were appointed pursuant to paragraph
   (b) or paragraph (c) or paragraph (d) of subclause (2) of Regulation 3
   hereof, the persons to be appointed from time to time as directors
   in their place shall not be nominated as provided in those para-
   graphs, but shall be selected from a panel containing not less than
   five names submitted for the purpose by the body that would
   otherwise make the nomination, and the provisions of the said
   Regulation 3 shall be deemed to be modified accordingly.

9. (1) The first meeting of the directors shall be held on a day
   to be appointed in that behalf by the Minister.
   (2) Subsequent meetings of the directors shall be held at such
   times and places as the directors from time to time appoint.
   (3) The Chairman or any two directors may at any time
   call a special meeting of the directors.
   (4) At all meetings of the directors two directors shall form a
   quorum.
   (5) The Chairman shall preside at all meetings at which he is
   present. In the absence of the Chairman, the directors present
   shall appoint one of their number to act as Chairman of that meeting.
   (6) All questions before the directors shall be decided by a
   majority of the directors present and voting at a meeting held in
   pursuance of these regulations :
   Provided that the Chairman of the meeting shall have a delibera-
   tive vote and, in the case of an equality of votes, shall also have a
   casting vote.
   (7) Subject to the provisions of these regulations, the directors
   may regulate their procedure in such manner as they think fit.

10. No director shall be personally liable for any liability of
    the Corporation, or for any act done or omitted by the Corporation
    or by any director or officer thereof in good faith in pursuance or
    intended pursuance of the powers and authority of the Corporation.

11. (1) The Corporation may out of its funds pay to the
    Chairman of directors an allowance at the rate of £100 a year, or
    at such higher rate as may be approved by the Minister of Finance,
    and to each of the other directors an allowance at the rate of £50
    a year.