2310
THE NEW ZEALAND GAZETTE
[No. 54

And whereas the said land is not the land of any serviceman
who is for the time being serving outside New Zealand in any of
His Majesty’s Forces or in any British ship :
Now, therefore, the Minister of Lands, acting in pursuance
of section 51 of the said Act, doth hereby declare that the said
land is taken for the settlement of discharged servicemen, and
hereby specifies the 21st day of September, 1949, as the date on
which the said land shall be deemed to be vested in His Majesty
the King.

SCHEDULE
SOUTH AUCKLAND LAND DISTRICT
ALL that parcel of land situated in Blocks XIII and XIV, Tuhua
Survey District, containing by admeasurement three hundred and
sixty-six (366) acres two (2) roods twenty-three (23) perches, more
or less, being part of Ohura South A No. 2B Block, and being the
balance of the land described in certificate of title, Vol. 295,
flio 207 (Auckland Registry).
Also all that parcel of land situated in Blocks XIII and XIV,
Tuhua Survey District, containing by admeasurement three hundred
(300) acres one (1) rood thirty-nine decimal two (39·2) perches,
more or less, being parts of Ohura South A No. 2A Block, and being
all of the land described in certificate of title, Vol. 458, folio 186
(Auckland Registry).
As witness my hand, this 13th day of September, 1949.
C. F. SKINNER, Minister of Lands.
(L. and S. H.O. 36/1444/2170 ; D.O. 4/1098.)

Price Order No. 1076 (Apples and Pears)

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. (1) This Order may be cited as Price Order No. 1076.
   (2) This Order shall come into force on the 19th day of
   September, 1949.
2. (1) Price Orders Nos. 665,* 825†, 924‡, and 1055§ 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.
3. (1) In this Order, unless the context otherwise requires,—
   “ Bushel case ”, in relation to apples, means a package of
   the kind numbered 1 in the First Schedule to the New-
   Zealand-grown Fruit Regulations 1940 Amendment No.
   3, and, in relation to pears, means a package of the kind
   numbered 2 in the said Schedule :
   “ Half-bushel case ”, in relation to apples or pears means a
   package of the kind numbered 6 in the First Schedule
   to the New-Zealand-grown Fruit Regulations 1940,
   Amendment No. 3 :
   “ Marketing Board ” means the New Zealand Apple and Pear
   Marketing Board constituted under the Apple and Pear
   Marketing Act, 1948 :
   “ Retailer’s railway-station ”, in relation to sales by a
   wholesaler to a retailer, means the railway-station that
   is nearest or most convenient of access to the retailer’s
   premises.
   (2) References in the First and Second Schedules to this Order to
   counts and grades are references to the counts and grades of apples
   and pears respectively, determined in accordance with the regulations
   for the time being in force under the Orchard and Garden Diseases
   Act, 1928.
   (3) Terms and expressions defined in the Control of Prices
   Act, 1947, when used in this Order, have the meanings severally
   assigned thereto by that Act.
4. The provisions of this Order fixing prices by reference to the
   weight of the fruit to which any sale relates shall apply notwith-
   standing that in any case the seller may sell or purport to sell
   otherwise than by weight.

APPLICATION OF THIS ORDER

5. This Order applies with respect to all sales of apples and pears
   grown in New Zealand.
6. The maximum prices fixed by this Order apply with respect
   to sales by auction as well as to other sales.

MAXIMUM WHOLESALE PRICES

7. (1) The maximum price that may be charged or received by
   any wholesaler for apples to which this Order applies shall be
   determined in accordance with the First Schedule hereto.
   (2) The maximum price that may be charged or received by any
   wholesaler for pears to which this Order applies shall be determined
   in accordance with the Second Schedule hereto.
   (3) The several wholesale prices fixed by this clause are fixed
   as for delivery by the wholesaler to the retailer at the wholesaler’s
   store. Where, with the concurrence or by direction of the Marketing
   Board, delivery to the retailer is effected at the retailer’s railway-
   station, freight charges to the retailer’s railway-station from the
   depot from which the fruit is actually supplied will be borne by the
   Marketing Board.
   (4) The several wholesale prices fixed by this clause do not
   include the price of the case for which an additional charge may be
   made not exceeding 6d. in respect of a No. 1 or No. 2 case or 3d.
   in respect of a No. 6 case.

MAXIMUM RETAIL PRICES

8. (1) For the purposes of the Third and Fourth Schedules
   hereto, the retailer’s cost into store per bushel case of any apples or
   pears sold by him by way of retail sale shall be determined as if on
   the day of the retail sale he had bought the fruit from a wholesaler
   at the appropriate maximum wholesale price ruling on that day, and
   the amount of the retailer’s cost into store of any such fruit shall
   be ascertained as follows :—
   (a) Where no transport expenses have been incurred by the
   retailer in effecting delivery into his shop or other
   premises, his cost into store per bushel case shall be the
   appropriate maximum wholesale price per bushel case
   increased by the cost of the case :
   (b) Where any transport expenses have been actually and
   reasonably incurred by the retailer in effecting delivery
   into his shop or other premises as aforesaid of fruit
   delivered to him either at the wholesaler’s store or at
   the retailer’s railway-station, as the case may be, the
   retailer’s cost into store per bushel case shall be the
   appropriate maximum wholesale price per bushel case
   increased by the cost of the case and further increased
   by a proportionate part of the transport expenses
   incurred by him as aforesaid (not exceeding in respect
   of transport expenses 6d. per bushel case or 3d. per
   half-bushel case, or the charges that would have been
   incurred if delivery had been effected by the holder of
   a goods-service licence under the Transport Licensing
   Act, 1931, at authorized rates, whichever is the less).
   (2) If in respect of any variety or grade of apples or pears there
   is no maximum wholesale price ruling on the date of any retail sale,
   the maximum retail price shall be the maximum retail price that
   was last fixed in respect of such apples or pears.
   (3) Notwithstanding anything in the foregoing provisions of
   this clause, if by reason of a reduction of the maximum wholesale
   price of any apples or pears the maximum retail price is reduced,
   the reduction of the maximum retail price shall not take effect until
   noon of the day on which the reduction of the maximum wholesale
   price took effect.
9. (1) Except as otherwise provided in this clause the maximum
   price that may be charged or received by any retailer for apples to
   which this Order applies, when sold by him in bushel-case or half-
   bushel-case lots or in 10 lb. lots, shall be determined in accordance
   with the Third Schedule hereto.
   (2) Except as otherwise provided in this clause, the maximum
   price that may be charged or received by any retailer for apples
   to which this Order applies, when sold by him otherwise than in
   accordance with the last preceding subclause, shall be the appropriate
   price per pound fixed in the Third Schedule hereto.
   (3) Except as otherwise provided in this clause, the maximum
   price that may be charged or received by any retailer for pears to
   which this Order applies, when sold by him in bushel-case or half-
   bushel-case lots or in 10 lb. lots, shall be determined in accordance
   with the Fourth Schedule hereto.
   (4) Except as otherwise provided in this clause, the maximum
   price that may be charged or received by any retailer for pears to
   which this Order applies, when sold by him otherwise than in
   accordance with the last preceding subclause, shall be the appropriate
   price per pound fixed in the Fourth Schedule hereto.
   (5) Where any apples or pears are sold in any lot exceeding
   10 lb., but otherwise than in half-bushel-case or bushel-case lots, the
   maximum price per pound of any surplus (being less in every case
   than 10 lb.) shall be the appropriate maximum price fixed by
   subclause (2) or subclause (4) hereof, as the case may require.
   (6) Where the transport expenses actually and reasonably
   incurred by a retailer in effecting delivery of any fruit into his shop
   or other premises (not exceeding in any case the charges that would
   have been incurred if delivery had been effected by a common
   carrier at current rates) exceeds 9d. per bushel case or 4½d. per
   half-bushel case, the maximum retail price that may be charged or
   received by the retailer shall be the prescribed maximum price as
   aforesaid, increased as follows :—
   (a) In the case of fruit sold by him in bushel-case lots, the
   prescribed maximum price may be increased by the
   amount by which the transport charges exceed 9d. per
   case :
   (b) In the case of fruit sold by him in half-bushel-case lots or
   in lots of 10 lb. or more (but otherwise than in bushel-
   case lots), the prescribed maximum price may be increased
   by a proportionate part of the amount by which the
   transport charges exceed 9d. per bushel case or 4½d.
   per half-bushel case :
   (c) In the case of fruit sold otherwise than as aforesaid, the
   prescribed maximum price may be increased by ½d. per
   pound.
   (7) If in respect of any apples or pears sold by a retailer the
   maximum price calculated in accordance with the foregoing pro-
   visions of this clause is not an exact number of pence or half-pence,
   the maximum price of the lot shall be computed to the nearest upward
   halfpenny.
   (8) The several retail prices fixed by this clause include the
   price of the cases or other containers in which the fruit is delivered
   to the purchaser.

RETAILERS TO EXHIBIT RETAIL PRICES

10. Every retailer who offers or exposes any apples or pears to
    which this Order applies for sale in any shop shall keep in a prominent
    position in such proximity to the fruit to which it relates as to be
    obviously descriptive thereof a ticket, placard, or label on which
    shall be stated in legible and prominent characters the retail price
    per pound of the fruit.

• Gazette, 20th March 1947, Vol. I, page 355.
  † Gazette, 8th January 1948, Vol. I, page 25.
  ‡ Gazette, 26th August 1948, Vol. II, page 1081.
  § Gazette, 11th August, 1949, Vol. II, page 1691.