1844
THE NEW ZEALAND GAZETTE
[No. 52

Price Order No. 1071 (Amendment No. 3 of Price Order No. 952)
(Sugar)

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 amending Price Order :—

1. This Order may be cited as Price Order No. 1071, and shall be read together with and deemed part of Price Order No. 952* (hereinafter referred to as the principal Order).

2. This Order shall come into force on the 15th day of September, 1949.

3. (1) Price Order No. 1025† is hereby revoked.

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

4. The principal Order, as amended by Price Order No. 1025†, is hereby further amended by revoking subclause (4) of clause 6, and substituting the following subclause :—

" (4) Notwithstanding the provisions of subclause (2) hereof, where, with respect to any lot of sugar, or any lot of sugar delivered together with golden syrup or treacle, the inclusive weight of the lot is less than a half-ton, the maximum price of the sugar in the lot shall be calculated in accordance with the foregoing provisions of this clause, and may be increased by the amount customarily imposed with respect to such sales in accordance with trade practice in operation on the 14th April, 1947."

Dated at Wellington, this 1st day of September, 1949.

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

[L.S.] W. J. HUNTER (Judge), President.
P. N. HOLLOWAY, Member.

• Gazette, 25th November, 1948, Vol. III, page 1440.
  † Gazette, 30th June, 1949, Vol. II, page 1437.

Price Order No. 1072 (Footwear)

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 :—

PRELIMINARY

1. This Order may be cited as Price Order No. 1072, and shall come into force on the 15th day of September, 1949.

2. (1) Price Orders Nos. 47*, 106†, and 186‡, and every approval of an authorized retail selling-price in force under the Control of Prices Act, 1947, and relating to any goods to which this Order applies are hereby revoked.

(2) The revocation of the said Orders and approvals 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—

" Landed cost ", in relation to any goods, means the gross invoice cost of the goods increased by 1 per cent. thereof to cover incidental expenses such as the cost of cables, letters of credit, bank interest (other than exchange), demurrage, carrier's waiting-time, wastage, and pillage, and further increased by such charges as have been incurred with respect to—

(a) Packing ;
(b) Lading and transport to ship ;
(c) Insurance ;
(d) Overseas freight ;
(e) Overseas buying commission ;
(f) Exchange ;
(g) Local landing charges ;
(h) Duty ;

and then reduced by the amount of any discounts allowed.

" Prevailing wholesale price " in relation to any goods, means the maximum price for the time being authorized pursuant to the Control of Prices Act, 1947, to be charged for the goods by the wholesaler or the manufacturer (where he sells direct to a retailer) to the retailer buying the goods : Provided that where an amount less than the authorized price has been charged to a retailer for any particular goods the amount actually charged shall be deemed to be the prevailing wholesale price of those goods.

(2) The landed cost of any goods shall be computed in relation to such quantity of the goods as is sold in each instance by the retailer.

APPLICATION OF THIS ORDER

4. This Order applies with respect to the goods specified in the First Schedule hereto that are imported by the retailer selling the goods or purchased by him from a wholesaler or manufacturer and that are taken into stock after the coming into force of this Order.

FIXING MAXIMUM RETAIL SELLING-PRICES OF GOODS TO WHICH THIS ORDER APPLIES

5. (1) Subject to the following provisions of this Order the maximum price that may be charged by any retailer for any goods to which this Order applies shall be :—

(a) In respect of goods purchased in New Zealand from a wholesaler or manufacturer : The prevailing wholesale price of the goods increased by the appropriate percentage of that price specified in the First Schedule hereto in relation to the goods ;
(b) In respect of goods imported into New Zealand by the retailer selling the goods : The landed cost of the goods increased by the appropriate percentage of that cost specified in the First Schedule hereto in relation to the goods :

Provided that with respect to men's and youth's gumboots the maximum price shall not in any case exceed—

s. d.
For men's knee gumboots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 0
For men's hip gumboots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 6
For youth's knee gumboots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6

(2) Where with respect to any goods to which this Order applies there is specified in the First Schedule hereto a ceiling mark-up, the amount that may be added by a retailer to the prevailing wholesale price or the landed cost (as the case may be) of those goods shall be either the percentage or the ceiling mark-up (whichever is the less amount) specified in relation to those goods.

(3) Where with respect to any goods to which this Order applies transport charges are incurred by any retailer in obtaining delivery into his store the maximum prices fixed by the foregoing provisions of this Order may be increased by the amount of any such charges but not more in any case than an amount equal to 3¾ per cent. of the prevailing wholesale price.

6. Every retailer who imports any goods to which this Order applies, shall, on receipt of the goods, forward to the Director of Price Control in such manner as he requires a return in respect of the goods in the form of the Second Schedule hereto :

Provided that where an importer has furnished a return under this clause in respect of any goods he shall not be obliged, unless specially requested to do so by the Director, to furnish a return in respect of other goods of the same kind, unless :—

(a) The landed cost of the goods is less than the landed cost of the goods to which the return already made relates ; or
(b) The landed cost of the other goods is more than the landed cost of the goods to which the return already made relates and the importer proposes to charge more for such other goods as aforesaid.

7. If in respect of any lot of goods sold by a retailer the maximum price, calculated in accordance with this Order, is not an exact number of pence, the maximum price of the lot shall be computed as follows :—

(a) To the next upward penny where the prevailing wholesale price or the landed cost as the case may be does not exceed 5s. 11d.
(b) To the next upward threepence where the prevailing wholesale price or the landed cost as the case may be exceeds 5s. 11d.

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 any retailer may authorize special maximum prices in respect of any goods to which this Order applies where special circumstances exist, or for any extraordinary charges (freight or otherwise) are incurred by the 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 retailer while the approval remains in force.

DUTY IMPOSED ON RETAILERS

9. Every retailer who sells any goods to which this Order applies shall—

(a) Keep complete records of all such goods purchased by him including the name and address of the person from whom purchased, the description of the goods together with identification numbers, and the cost price.
(b) Ticket all such goods offered for sale showing thereon the identification number, the cost price (in code), and the selling-price (in plain figures).

• Gazette, 11th September, 1941, Vol. III, page 2787. † Gazette, 3rd September, 1942, Vol. III, page 2153. ‡ Gazette, 20th January, 1944, Vol. I, page 46.