AUG. 18]

THE NEW ZEALAND GAZETTE

Price Order No. 1059 (Milk and Cream) (Auckland Metropolitan Milk Price District and Hamilton Milk Price District)

P RELIMINARY

PURSUANT to the Control of Prices Act, 1947, 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. 1059, and shall come into force on the 1st day of September, 1949.
2. (1) Price Orders Nos. 765,* 851†, and 936‡ are hereby revoked.
   (2) The revocation of the said Orders shall not effect the liability of any person for any offence in relation thereto committed before
   the coming into force of this Order.
3. In this Order--
   "Auckland Metropolitan Milk Price District" means the Auckland Metropolitan Milk District constituted under the Milk Act,
   1944, by Order in Council dated 27th June, 1945§, as altered and redefined by Order in Council dated 1st August, 1946||, and
   Order in Council dated 17th July, 1947 ¶:
   "Hamilton Milk Price District" means the district within the radius of five miles from the post-office at Hamilton :
   "Commercial user" means a person who buys milk or cream for sale for consumption on his premises (whether in the form in
   which it is received by him or otherwise, and whether separately or in combination with any other substance or substances)
   and includes an institution under the control of any Hospital Board or a separate institution within the meaning of the
   Hospitals and Charitable Institutions Act, 1926 :
   "Consumer" means a person who buys milk or cream for purposes other than resale :
   "Ounce" means fluid ounce as defined in the Weights and Measures Proclamation 1946 ** :
   "Shop dairy" means a shop where milk or cream is sold for consumption or use off the premises and not otherwise and where
   the milk or cream so sold is sold in the form in which it was received into the shop dairy.

APPLICATION OF THIS ORDER

4. (1) Nothing in this Order shall apply with respect to milk or cream sold on Waiheke Island or Pine Island or within a radius of five
   miles from the post-office at Piha.
   (2) Except as provided in the last preceding subclause, this Order applies with respect to all milk and cream wherever produced that
   is sold-
   (a) To the occupier of any shop dairy within the Auckland Metropolitan Milk Price District or the Hamilton Milk Price District ;
   or
   (b) By the occupier of a shop dairy or by any other person to a commercial user or to a consumer within the Auckland Metropolitan
   Milk Price District or the Hamilton Milk Price District.

FIXING PRICES OF MILK AND CREAM TO WHICH THIS ORDER APPLIES

5. (1) Subject to the following provisions of this clause, the maximum price that may be charged or received for any milk or cream
   to which this Order applies shall be the appropriate price set out in the Schedule hereto.
   (2) The prices fixed by this Order are fixed as for delivery as follows :-
   (a) In respect of milk or cream sold by the occupier of a shop dairy : As for delivery to the purchaser at the shop dairy ;
   (b) In respect of milk or cream sold otherwise than at a shop dairy : As for delivery at the premises of the purchaser.
   (3) If any lot of milk to which this Order applies is supplied at one time to a commercial user or a consumer otherwise than in one of
   the quantities specified in the Schedule hereto in respect of sales to those persons, the price of the milk shall be computed at the rate
   prescribed for the specified quantity that is less than and nearest to the quantity supplied irrespective of the number or type of containers
   in which the milk is delivered :
   Provided that if the quantity of milk supplied in any one lot is less than the smallest specified quantity the price for the lot shall be
   computed at the rate prescribed in the Schedule for the smallest specified quantity.
   (4) The provisions of the last preceding subclause shall, with the necessary modifications, apply to the sale of cream to which this Order
   applies.
   (5) Subject to the provisions of the next succeeding subclause where an account is rendered to any purchaser for milk supplied to him
   during a period comprising more than one day the price that may be charged for the milk to which the account relates shall be computed
   separately for each lot supplied at a rate not exceeding the appropriate rate fixed by this Order in respect of the quantity supplied in each
   lot :
   Provided that if the total quantity of milk supplied to any one purchaser on any one day (exclusive of milk supplied at any one time
   in a lot of a half-pint or less) is not less than one gallon the maximum price that may be charged for the total quantity shall be computed
   in accordance with the provisions of this Order as if all the milk supplied on that day has been supplied in one lot.
   (6) Where the quantity of milk supplied at any one time is a lot of a half-pint or less the price of each lot shall be computed separately
   at the rate prescribed by this Order for a half-pint whether or not an account is rendered to the purchaser of the milk and whether or not
   the total quantity so supplied on any one day is one gallon or more.
   (7) If the price computed in accordance with this Order for any lot of milk or cream supplied at any one time and sold for cash is not
   an exact number of pence or half-pence the price for the lot shall be computed to the next upward halfpenny.
   (8) Where an account is rendered to any purchaser for milk (including milk supplied at any one time in a lot of a half-pint or less) or
   cream supplied to him during a period comprising more than one day and the total price for all the milk or cream, or milk and cream, to
   which the account relates is not an exact number of pence or half-pence the total price shall be computed to the next upward halfpenny.

SCHEDULE

MAXIMUM PRICES OF MILK AND CREAM SOLD IN THE AUCKLAND METROPOLITAN MILK PRICE DISTRICT OR THE HAMILTON MILK PRICE
DISTRICT TO SHOP Dairies, COMMERCIAL USERS, OR CONSUMERS

Milk

• Gazette, 25th September, 1947, Vol. III, page 1391.
  † Gazette, 4th March, 1948, Vol. I, page 257.
  ‡ Gazette, 23rd September, 1948, Vol. III, page 1218.
  § Gazette, 28th June, 1945, Vol. II, page 839.
  || Gazette, 1st August, 1946, Vol. II, page 1060.
  ¶ Gazette, 17th July, 1947, Vol. II, page 876.
  ** Statutory Regulations 1946, Serial number 1946/68, page 141.