Num. 54 1339

NEW ZEALAND

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, SEPTEMBER 11, 1947
Published by Authority

WELLINGTON, FRIDAY, SEPTEMBER 12, 1947

Price Order No. 760 (Superphosphate)

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:—

1. This Order may be cited as Price Order No. 760, and shall come into force on the 14th day of September, 1947.

2. (1) Price Orders No. 68† and No. 99‡ are hereby revoked.

(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.

APPLICATION OF THIS ORDER

3. (1) Subject to the next succeeding subclause, this Order applies with respect to all superphosphate of the grade commercially known as 44/46 superphosphate manufactured in New Zealand and sold for use in New Zealand.

(2) Nothing in this Order shall apply with respect to any superphosphate sold in a quantity of less than one ton.

FIXING MAXIMUM PRICES OF SUPERPHOSPHATE TO WHICH THIS ORDER APPLIES

4. (1) The prices for superphosphate fixed by this Order are fixed in respect of sales of the following classes, namely:—

(a) Sales to a user—that is to say, to a person purchasing for his own use and not for the purpose of resale:

(b) Sales to a storekeeper—that is to say, to a person (not being a merchant, dairy company, or farmers’ organization as hereinafter mentioned), purchasing solely for resale to users:

(c) Sales to a merchant—that is to say, to a person purchasing for resale to storekeepers or to users:

(d) Sales to a dairy company, as defined in section 2 of the Dairy Industries Act, 1908, purchasing solely for resale to persons being suppliers of milk or cream to the company:

(e) Sales to an incorporated farmers’ organization, having a retail department conducted on a co-operative basis, and purchasing superphosphate solely for the purpose of resale to its members.

(2) The prices for superphosphate fixed by this Order are fixed in respect of sales for cash or for credit until a date not later than the 20th day of the month next following the month of delivery.

(3) Where any sale is made on terms allowing credit for a longer period than that mentioned in the last preceding subclause, the purchaser shall be entitled, notwithstanding anything to the contrary in the contract of sale, to the benefit of the prices fixed by this Order if in fact payment is made not later that the 20th day of the month next following the month of delivery.

(4) The prices fixed by this Order include the price of the sacks or paper bags.

5. (1) Where any superphosphate manufactured in the South Island is sold for delivery “ex works” or “free on rail” at Burnside, Hornby, or Ravensbourne, or “free on rail” at Ashburton, Balclutha, Gore, Invercargill, Oamaru, or Timaru, the maximum price that may be charged or received shall be the appropriate price specified in the First Schedule hereto.

(2) Where any superphosphate manufactured in the North Island is sold for delivery “ex works” or “free on rail” at Aramoho, Otahuhu, Smart Road (New Plymouth), Te Papapa, or Westfield, the maximum price that may be charged or received shall be the appropriate price specified in the Second Schedule hereto.

(3) Where any superphosphate is sold for delivery elsewhere than at one of the places mentioned in subclauses (1) and (2) of this clause, the maximum price that may be charged or received shall be the appropriate price fixed in the First or Second Schedule hereto, whichever is appropriate, increased by the amount of the freight charges between the place of delivery and such one of the said places as is nearest or most convenient of access to the place of delivery: Provided that the amount added to the price in respect of freight charges shall not in any case exceed the amount that would have been incurred had delivery been effected by a common carrier at current rates.

(4) In every invoice, debit-note, or similar document issued by a vendor to a user in respect of the sale of any superphosphate there shall be shown separately—

(a) The price of the superphosphate fixed in accordance with this Order; and

(b) The additional amount (if any) payable by the purchaser in respect of freight charges.

FIRST SCHEDULE

FIXING MAXIMUM PRICES (SACKS OR PAPER BAGS INCLUDED) FOR 44/46 SUPERPHOSPHATE MANUFACTURED IN THE SOUTH ISLAND AND SOLD AT BURNSIDE, HORNBY, RAVENSBOURNE, ASHBURTON, BALCLUTHA, GORE, INVERCARGILL, OAMARU, OR TIMARU

SECOND SCHEDULE

FIXING MAXIMUM PRICES (SACKS OR PAPER BAGS INCLUDED) FOR 44/46 SUPERPHOSPHATE MANUFACTURED IN THE NORTH ISLAND AND SOLD AT ARAMOHO, OTAHUHU, SMART ROAD (NEW PLYMOUTH), TE PAPAPA, OR WESTFIELD

Dated at Wellington, this 12th day of September, 1947.

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.
Reprinted with amendments: Statutory Regulations 1946, Serial number 1946/169, page 468.
† Statutory Regulations 1942, Serial number 1942/36, page 90.
‡ Statutory Regulations 1942, Serial number 1942/252, page 615.

By Authority: E. V. PAUL, Government Printer, Wellington.

Price 6d.