1158

THE NEW ZEALAND GAZETTE

[No. 45

Price Order No. 1388 (Wholesale Groceries and Other Goods)

PURSUANT to the Control of Prices Act 1947, the Price Tribunal, acting with the authority of the Minister of Industries and Commerce, hereby makes the following Order:—

1. This Order may be cited as Price Order No. 1388, and shall come into force on the 4th day of July 1952.

2. (1) Price Orders Nos. 920*, 946†, and 1044‡ 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,—

“Basic wholesale cost”, in relation to any goods, means the actual price paid or payable by a wholesaler for the goods increased by the amount of any disbursements, exclusive of sales tax, actually incurred by the wholesaler in respect of the goods and decreased by any amount that may be receivable by the wholesaler in respect of the return of containers in which the goods are packed:

“Bulk container”, in relation to any lot of goods, means the container in which the goods were received by the wholesaler:

“Retailer” means a person who buys goods from a wholesaler for the purpose of selling those goods, whether in the form purchased or otherwise, to consumers:

“Wholesaler” means a person who sells goods to a retailer.

(2) The basic wholesale cost shall be calculated in respect of such quantity of goods as is indicated in relation to the goods in the second column of the First Schedule hereto.

APPLICATION OF THIS ORDER

4. This Order applies with respect to the goods specified in the First Schedule hereto that are not for the time being the subject of a Price Order (other than this Order) fixing the wholesale price of the goods, or in respect of which an authorized wholesale selling-price is not for the time being fixed by the Tribunal, and which are sold by a wholesaler to a retailer.

5. Every wholesaler to whom this Order applies shall, before selling any goods to which this Order applies, forward to the Director of Price Control a return in respect of the goods in the form in the Second Schedule hereto:

Provided that where a wholesaler 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 basic wholesale cost of the other goods is less than the basic wholesale cost of the goods to which the return already made relates; or

(b) The basic wholesale cost of the other goods is more than the basic wholesale cost of the goods in respect of which the return already made relates and the wholesaler proposes to charge more for such other goods.

FIXING MAXIMUM WHOLESALE PRICES OF GOODS TO WHICH THIS ORDER APPLIES

6 (1) Subject to the provisions of this Order, the maximum price that may be charged or received by a wholesaler for any goods to which this Order applies shall not exceed the sum of the following amounts:—

(a) The basic wholesale cost:

(b) The maximum percentage of the basic wholesale cost specified in relation to the goods in the First Schedule hereto:

(c) Where indicated in the fourth column of the First Schedule hereto, the premium set out in that column in respect of goods supplied in amounts less than bulk container lots:

(d) The amount of any discount customarily allowed by the wholesaler for payment before a specified date calculated in relation to the total of the items specified in paragraphs (a), (b), and (c) hereof:

(e) The amount of any sales tax paid by the wholesaler in respect of the goods.

(2) If the maximum price calculated in accordance with this clause for any goods to which this Order applies is not an exact number of farthings the maximum price may be calculated to the next upward farthing.

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

FIRST SCHEDULE

• Gazette, 26 August 1948, Vol. II, page 1067.

† Gazette, 4 November 1948, Vol. III, page 1356.

‡ Gazette, 28 July 1949, Vol. II, page 1613.