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Price Order No. 658 (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,
doeth hereby make the following Price Order:—

PRELIMINARY

1. This Order may be cited as Price Order No. 658, and shall
   come into force on the 1st day of March, 1947.
2. (1) Price Orders No. 497†, No. 625‡, and No. 630§ are hereby
   revoked.
   (2) The revocation of the said Price 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. (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 associa-
   tion 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, allowances, and margins of profit 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 (a) that
   are the produce of seed potatoes planted on or before the 31st
   January, 1947, and that are delivered to the purchaser after the
   commencement of this Order and on or before the 30th November,
   1947; or (b) that are the produce of seed potatoes planted after
   the 31st January, 1947, and that are delivered to the purchaser
   after the commencement of this Order and on or before the 31st
   May, 1947.
   (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, 1947; 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 (a) that are the produce of seed potatoes planted on or
    before 31st January, 1947; or (b) that are the produce of seed
    potatoes planted after the 31st January, 1947, and that are sold
    on or before the 31st May, 1947.
    (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

• Statutory Regulations 1939, Serial number 1939/275, page 1057.
  Reprinted with amendments : Statutory Regulations 1946, Serial number
  1946/169, page 468.
  † Gazette, 28th February, 1946, Vol. I, page 284.
  ‡ Gazette, 7th November, 1946, Vol. III, page 1726.
  § Gazette, 5th December, 1946, Vol. III, page 1854.

[No. 10

THE NEW ZEALAND GAZETTE

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.

FixING PRICES OF POTATOES THAT ARE SUBJECT TO THIS ORDER
Growers’ Prices

11. (1) Subject to the foregoing provisions of this Order and
    to the following provisions of this clause the maximum price that
    may be charged or received by any grower for any potatoes to
    which this Order applies shall be determined in accordance with
    the following scale, namely:—
    (a) For Sutton’s Supreme or King Edward potatoes grown in
    the South Island and sold for delivery in any of the months of—
    Maximum Price per Ton f.o.b.s.i.
    a Port in the South Island.
    f.a.q. Under-grade.
    £ s. d. £ s. d.
    March, 1947, to June, 1947 .. 8 5 0 7 5 0
    July, 1947, to November, 1947: Pending the issue of an
    amending Price Order, and subject to the provisions of
    any such Order, the prices as for June, 1947, shall also
    apply with respect to potatoes sold for delivery in the
    months of July to November.
    (b) For any other variety of potatoes grown in the South Island
    and sold for delivery in any of the months of—
    Maximum Price per Ton f.o.b.s.i.
    a Port in the South Island.
    f.a.q. Under-grade.
    £ s. d. £ s. d.
    March, 1947, to June, 1947 .. 7 15 0 6 15 0
    July, 1947, to November, 1947: Pending the issue of an
    amending Price Order, and subject to the provisions of
    any such Order, the prices as for June, 1947, shall also
    apply with respect to potatoes sold for delivery in the
    months of July to November.
    (c) For potatoes (other than “tagged” potatoes) grown in the
    North Island and sold for delivery in any of the months of—
    Maximum Price per Ton f.o.r.s.i.
    the Grower’s Station.
    f.a.q. Under-grade.
    £ s. d. £ s. d.
    March, 1947, to June, 1947 .. 10 0 0 9 0 0
    July, 1947, to November, 1947: Pending the issue of an
    amending Price Order, and subject to the provisions of
    any such Order, the prices as for June, 1947, shall also
    apply with respect to potatoes sold for delivery in the
    months of July to November.*
    (2) With respect to “tagged” potatoes the maximum price that
    may be charged by the grower shall be the price fixed in
    accordance with paragraph (c) of the last preceding subclause for
    f.a.q. potatoes, increased by 10s. a ton.
    (3) For the purposes of this clause potatoes shall be deemed to
    be f.a.q. or under-grade, as the case may be, in accordance with the
    following rules:—
    (a) Rule as to Size.—If in any sample of one hundred potatoes
    taken at random from any lot more than 15 per cent. by
    number of the sample can be passed through a square of
    which the sides have an inside measurement of 2 in., all
    the potatoes in the lot from which the sample is taken
    shall be deemed to be under-grade:
    (b) Rule as to Quality.—If in any lot of potatoes more than
    2 per cent. by weight of the lot is affected by dry or wet
    rots (including late blight or frost damage) or by severe
    mechanical injury (including severe bruises and cuts) or
    if more than 6 per cent. by weight of the lot is affected
    by dry or wet rots (including late blight or frost damage)
    or by any mechanical injury or by scab, or by second
    growth or other defect, or if the lot is not reasonably free
    from earth or from rough or unshapely tubers, all the
    potatoes in the lot shall be deemed to be under-grade:
    (c) Potatoes that are not under-grade in accordance with para-
    graph (a) or paragraph (b) hereof shall be deemed to be
    f.a.q. potatoes.
    (4) Where any potatoes grown in the South Island are delivered
    by a grower otherwise than f.o.b.s.i. a port in the South Island the
    price that may be charged by the grower shall be the appropriate
    price in terms of the foregoing provisions of this clause, increased
    by the amount of the charges (if any) incurred by him in effecting
    delivery and then reduced by the amount of the charges that would
    have been incurred by him if he had delivered the potatoes f.o.b.s.i.
    a port in the South Island.
    (5) Where any potatoes grown in the North Island are delivered
    by a grower otherwise than f.o.r.s.i. the grower’s station, the price
    that may be charged by the grower shall be the appropriate price
    in terms of the foregoing provisions of this clause, increased by the
    amount of the charges (if any) incurred by him in effecting delivery
    and then reduced by the amount of the charges that would have been
    incurred by him if he had delivered the potatoes f.o.r.s.i. the grower’s
    station.
    (6) Notwithstanding anything in the foregoing provisions of
    this clause, where any extraordinary charges beyond the control
    of the grower are reasonably incurred by him in or in the course of
    delivering any potatoes at the place specified in any contract as
    the place of delivery, the amount of such charges may, with the
    approval of the Tribunal, be added to the price to be paid to the
    grower for those potatoes.

• Note.—It is the present intention of the Price Tribunal, by an amending
  Price Order or by a series of amending Price Orders, to alter the growers’ prices
  fixed by this Order with respect to potatoes sold for delivery during the months
  July to November, 1947, so that (in the absence of unforeseen circumstances)
  the maximum prices for f.a.q. potatoes (to be reached in November, 1947) will
  be:-
  (a) (i) For Sutton’s Supreme and King Edward varieties grown in the South
  Island: £11 10s. per ton f.o.b.s.i. ;
  (ii) For other varieties grown in the South Island: £11 per ton f.o.b.s.i.
  (b) (i) For potatoes (other than tagged) grown in the North Island:
  £13 5s. per ton f.o.r.s.i. ;
  (ii) For “tagged potatoes”: £18 5s. per ton f.o.r.s.i., plus not more than
  10s. per ton,