16 JULY] THE NEW ZEALAND GAZETTE 1161
(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. Subject to the provisions of the next succeeding clause,
    the maximum price that may be charged or received by any distributor
    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, but not exceeding the maximum price fixed
by the foregoing provisions of this Order in respect of
the sale to the vendor.

(b) The sum of 3s. 6d. per ton to cover any grading and branding
charges where actually incurred by the same or any other
distributor.

(c) The sum of 14s. a ton to cover brokerage, transport, or other
charges that may be incurred by the same or any other
distributor.

(d) An amount computed at the rate of 15s. 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 transaction: 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. 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, but not exceeding the maximum price fixed
by the foregoing provisions of this order in respect of
the sale to the vendor.

(b) An amount (not exceeding 5s. 4d. 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 1½ per cent of the aforesaid sum:

(d) An amount computed at the rate of £1 15s. a ton for lots
of less than a half-ton, and at the rate of £1 5s. 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 Weights and 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 weight and 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."

(3) Where no grade is specified in any invoice, the potatoes
referred to in the invoice, shall, for the purpose of this order be
deemed to be "under-grade."

Retailers' Prices

(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 inclusive of the
container to which this Order applies shall not in any case exceed
the appropriate price set out in the Schedule hereto.

(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 inclusive of the container shall not in any case exceed :—

Where the Maximum
Retail Price (as Fixed by
the Last Preceding
Subclause) is—

(5) For the purposes of this subclause, the term "specified
weight" means 14 lb., 28 lb., 56 lb., or 112 lb. Where any
potatoes to which this order applies are sold by retail in any lot
exceeding 14 lb., a maximum price for the lot, inclusive of the
container, shall be calculated at the rate fixed in respect of the
nearest specified weight to the weight of the lot sold.

(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
    by the Tribunal under this clause may apply with respect to a
    specified lot or consignment of potatoes or may relate generally to
    all potatoes to which this Order applies sold by the retailer while
    the approval remains in force.

Retailers to Exhibit Prices

19. Every retailer who offers or exposes any potatoes to which
    this Order applies for sale in any shop shall keep in a prominent
    position in such proximity to the potatoes 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 potatoes.

BRANDING OF GOOD TABLE POTATOES

20. Every grower, distributor, or wholesaler who grades any
    potatoes as "good table" shall affix to every sack so graded a
    tag on which shall be written the words "Good Table Grade"
    and the name and address of the person so grading the potatoes:
    Provided, however, that where a grower so grading potatoes is a
    member of a growers' association approved by the Minister of
    Agriculture his registered number may be given in place of his
    name and address.

SCHEDULE
MAXIMUM RETAIL PRICES (SUBJECT TO THE PROVISIONS OF CLAUSE 17)

Dated at Wellington, this 15th day of July 1953.

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

[L.S.]
G. LAURENCE, Presiding Member.
D. W. A. BARKER, Member.