280 THE NEW ZEALAND GAZETTE [No. 16

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.e.
a port in the South Island.

(3) Where any potatoes grown in the North Island are delivered
by a grower otherwise than f.o.r.s.e. 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.e. the grower’s
station.

(4) 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.

Distributors’ Prices

12. (1) Subject to the provisions of the next succeeding clause,
    the maximum price that may be charged or received by any dis-
    tributor for any potatoes grown in New Zealand shall not exceed
    the sum of the following amounts :—
    (a) The price actually paid or payable to the grower by the
    same or any other distributor for the potatoes and for
    the sacks :
    (b) Any disbursements actually incurred and paid by the same
    or any other distributor by way of brokerage (not
    exceeding in the aggregate 2s. 6d. a ton) together with
    any grading, transport, or other charges actually paid
    by the same or any other distributor :
    (c) An amount computed at the rate of 10s. a ton.
    (2) Subject to the provisions of the next succeeding clause, the
    maximum price that may be charged or received by any distributor
    for any potatoes imported into New Zealand by the distributor or
    any other person shall not exceed the sum of the following
    amounts :—
    (a) The landed cost of the potatoes to the importer at the port
    of discharge :
    (b) Any disbursements actually incurred and paid by the same
    or any other distributor by way of brokerage in New
    Zealand (not exceeding in the aggregate 2s. 6d. a ton)
    together with any grading, transport, or other charges
    incurred in New Zealand and actually paid by the same
    or any other distributor :
    (c) An amount computed at the rate of 10s. a ton.
13. Where any wholesaler who does not normally carry on
    business as a distributor sells any potatoes to another wholesaler
    (thus becoming a distributor in respect of that transaction) the
    price to be charged by the vendor may exceed the maximum price
    determined in accordance with the last preceding clause by such
    amount as may be mutually agreed to by the parties to the trans-
    action : Provided that in any such case the maximum price that
    may be charged by the purchasing wholesaler in accordance with the
    next succeeding clause shall be determined as if he had bought
    those potatoes at the price paid by the wholesaler from whom he
    bought them.

Wholesalers’ Prices

14. (1) Subject to the provisions of clause 13 hereof, the
    maximum price that may be charged or received by any wholesaler
    for any potatoes grown in New Zealand and sold by him to a retailer
    for purposes of retail sale shall not exceed the sum of the following
    amounts :—
    (a) The price actually paid or payable by the wholesaler to
    the grower or any other person for the potatoes and for
    the sacks :
    (b) An amount (not exceeding 4s. a ton) in respect of any
    potatoes actually received into and delivered from the
    wholesaler’s store, together with any grading, transport,
    or other charges actually paid by the wholesaler :
    (c) An amount equal to 2½ per cent. of the sum of the amounts
    specified in paragraphs (a) and (b) hereof (to cover the
    estimated loss due to shrinkage and other natural causes),
    and, in the case of potatoes that have been actually
    received into the wholesaler’s store, a further amount
    equal to 1¼ per cent. of the aforesaid sum :
    (d) An amount computed at the rate of £1 5s. a ton for lots
    of less than a half-ton, and at the rate of £1 a ton in
    all other cases.
    (2) Subject to the provisions of clause 13 hereof, the maximum
    price that may be charged or received by any wholesaler for any
    potatoes imported into New Zealand by the wholesaler or any other
    person and sold by the wholesaler to a retailer for purposes of retail
    sale shall not exceed the sum of the following amounts :—
    (a) The price actually paid or payable by the wholesaler :
    (b) An amount (not exceeding 4s. a ton) in respect of any
    potatoes actually received into and delivered from the
    wholesaler’s store, together with any grading, transport,
    or other charges incurred in New Zealand and actually
    paid by the wholesaler :
    (c) In respect of potatoes that have been actually received
    into the wholesaler’s store, an amount equal to 1¼ per
    cent. of the sum of the amounts specified in paragraphs (a)
    and (b) hereof :
    (d) An amount computed at the rate of £1 5s. a ton for lots
    of less than a half-ton, and at the rate of £1 a ton in
    all other cases.

Computation of Distributors’ and Wholesalers’ Prices by Reference to
Average Prices

15. In computing the maximum price that may be charged
    by any distributor or by any wholesaler for potatoes that have been
    acquired by him in different lots at different prices, the appropriate
    maximum price may, with the general or special approval of the
    Tribunal, and subject to any conditions that may be imposed by the
    Tribunal, be computed by reference to the average of the several
    prices paid for such potatoes.

Distributors and Other Wholesalers to Specify Grades of Potatoes on
Relevant Invoices

16. (1) Every distributor or other wholesaler who sells any
    potatoes to which this Order applies shall specify in the relevant
    invoices, with respect to each item, the grade of the potatoes
    comprised in the item.
    (2) For the purposes of this clause the term “grade” with
    respect to any lot of potatoes means, as the case may require,
    “good table” or “f.a.q.” or “under-grade.”

Retailers’ Prices

17. (1) Subject to the following provisions of this clause, the
    maximum price that may be charged or received by any retailer
    for potatoes, whether grown in New Zealand or imported into New
    Zealand, shall not exceed the sum of the following amounts :—
    (a) The price actually paid or payable by the retailer for the
    potatoes :
    (b) Any grading, transport, or other charges actually paid or
    payable by the retailer :
    (c) An amount equal to 33⅓ per cent. of the sum of the amounts
    specified in paragraphs (a) and (b) hereof.
    (2) The retail price of any potatoes, computed in accordance
    with the last preceding subclause, shall be calculated by reference
    to the prices and weights disclosed in the appropriate invoices.
    (3) Notwithstanding anything to the contrary in the foregoing
    provisions of this clause, but subject to the provisions of sub-
    clauses (4) and (5) hereof, the retail price of potatoes to which this
    Order applies shall not in any case exceed :—
    (a) In the case of potatoes sold at any place within the Land
    Districts of Canterbury, Otago, or Southland—
    If sold during the months of March to
    September, 1951 (inclusive) .. 2¼d. per lb.
    If sold during the months of October
    to November, 1951 (inclusive), (or
    thereafter while this Order is in
    force) .. .. .. 2½d. per lb.
    (b) In the case of potatoes sold elsewhere in the South Island :
    The appropriate price fixed in paragraph (a) according to
    the month in which the potatoes are sold increased by
    ¼d. per pound.
    (c) (i) In the case of potatoes sold at any place within the
    Land Districts of Taranaki, Wellington, Hawke’s Bay,
    or Gisborne (excluding the County of Opotiki and the
    Borough of Opotiki) during the months of March to
    July, 1951 (inclusive), 2¾d. per pound, and during the
    months of August to November (inclusive), 3d. per
    pound.
    (ii) In the case of potatoes sold elsewhere in the North
    Island during the months of March to November, 1951
    (inclusive) (or thereafter while this Order is in force),
    3d. per pound.
    (4) Where any potatoes to which this Order applies are sold by
    retail in lots of 14 lb. or 28 lb. or 56 lb. or 112 lb., the maximum
    retail price shall not in any case exceed :—

Where the Maximum
Retail Price (as Fixed by
the Last Preceding
Subclause) is— Maximum Retail Price per Lot of—
14 lb. 28 lb. 56 lb. 112 lb.
s. d. s. d. s. d. s. d.
2¼d. per lb. .. .. 2 6 4 11 9 10 19 6
2½d. per lb. .. .. 2 9 5 5 10 10 21 6
2¾d. per lb. .. .. 3 1 6 0 12 0 23 9
3d. per lb. .. .. 3 4 6 6 13 0 25 9

(5) Where any potatoes to which this Order applies are sold by
retail in any lot exceeding 14 lb., but otherwise than in a lot of the
actual weight specified in the last preceding subclause, the maximum
price per pound of any surplus over 14 lb. or over any multiple of
14 lb. (being less in every case than 14 lb.) shall be the appropriate
maximum price fixed by subclause (3) hereof.
(6) If in respect of any lot of potatoes sold by a retailer the
maximum price, calculated in accordance with the foregoing
provisions of this clause, is not an exact number of pence or half-pence
(in the case of a lot less than 5 lb.) or is not an exact number of pence
(in the case of a lot of 5 lb. or more), the maximum price of the
lot shall be the next highest halfpenny or the next highest penny,
as the case may be. The provisions of this subclause shall apply
notwithstanding that in any case the retailer purports to sell any
potatoes otherwise than by weight.
(7) For the purposes of this clause the price paid or payable
by a retailer for any lot of potatoes and the grading, transport,
and other charges paid or payable by him in respect of the same lot,
shall be apportioned evenly over the whole lot, and the price and
charges paid or payable by the retailer for each 1 lb. of potatoes
included in the lot shall be determined accordingly.
18. 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 retail prices in respect of any potatoes to which this
Order applies where special circumstances exist or, for any reason
extraordinary charges (freight or otherwise) are incurred by the
retailer in obtaining delivery from the source of supply that is
nearest or most convenient of access to him. Any authority given