16 Sept.] THE NEW ZEALAND GAZETTE 1469

Price Order No. 1566 (Footwear)

PURSUANT to the Control of Prices Act 1947, the Price Tribunal hereby makes the following Price Order:

PRELIMINARY

1. This Order may be cited as Price Order No. 1566, and shall come into force on the 17th day of September 1954.

2. (1) Price Orders Nos. 1072*, 1108†, 1390‡, and 1422§, 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—

“Factory selling price”, in relation to any goods, means the price charged for the goods by the manufacturer to the retailer buying the goods, or the price for the time being authorized under the Control of Prices Act 1947 to be charged for the goods by the manufacturer to a retailer, whichever price is the greater: Provided that where a retailer manufactures goods for sale by that retailer, the factory selling price shall be the price authorized under the Control of Prices Act 1947 as the price at which those goods may be taken into stock by that retailer, who shall notify the Division accordingly:

“Landed cost”, in relation to any goods, means the actual price paid or payable for the goods by the importer thereof, increased by the amount of any landing costs incurred by the importer in respect of the goods:

“Landing costs”, in relation to any goods, means the costs incurred by the importer incidental to the importing of the goods from the country of origin into store at the port of entry in New Zealand, and includes any sales tax payable by the importer in respect of the goods at the port of entry:

“Gross price”, in relation to any goods, means the price charged for the goods without taking into account the deduction of any approved discounts:

“Wholesale price” means the gross price charged for the goods by the wholesaler to the retailer buying the goods or, where the price so charged is less than the gross wholesale price authorized to be charged pursuant to the Control of Prices Act 1947, the said authorized gross wholesale price.

(2) No costs shall be deemed to be landing costs within the meaning of this Order unless the method of assessment of the costs has been previously approved in that behalf by the Director of Price Control.

(3) 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 or goods manufactured by a retailer for sale by that retailer: The wholesale price or the factory selling price (as the case may be) of the goods, increased by the appropriate maximum percentage of that amount 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 maximum percentage of that amount specified in the First Schedule hereto in relation to the goods.

(c) In respect of goods imported through an indent agent by the retailer selling the goods: The amount authorized to be charged by paragraph (b) of this subclause: Provided that where a percentage in respect of direct importations is specified in the said Schedule in relation to the goods and the indent agent’s commission exceeds 5 per cent, the percentage so specified and authorized to be added by the retailer shall be reduced by the figure by which the said commission exceeds 5 per cent.

(2) Where, in respect of any goods to which this Order applies, transport charges are incurred by the retailer in obtaining delivery into his store, the maximum price fixed by the foregoing provisions of this Order may be increased by the actual amount of any such charges.

(3) Where the factory selling price, the landed cost, or the wholesale price of any goods does not exceed 6s., and the retail price of such goods, calculated in accordance with the foregoing provisions of this Order, is not an exact number of pence, the maximum price of the goods shall be computed to the next upward penny.

• Gazette, 8 September 1949, Vol. III, page 1844.
  † Gazette, 7 December 1950, Vol. III, page 2032.
  ‡ Gazette, 10 January 1952, Vol. I, page 27.
  § Gazette, 6 November 1952, Vol. III, page 1830.

(4) Where the factory selling price, the landed cost, or the wholesale price of any goods exceeds 6s., and the retail price, calculated in accordance with the foregoing provisions of this Order, is not an exact number of threepences, the maximum price of the goods shall be computed to the nearest threepence.

PROVISION FOR SPECIAL PRICES

6. 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 reason 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

7. Every retailer who imports any goods, direct or through an indent agent, to which this Order applies, shall, on receipt of the goods, forward to the Director of Price Control a return in respect of the goods in the form P.C. 13 as set out in 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.

8. 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).

FIRST SCHEDULE

PERCENTAGES THAT MAY BE ADDED TO THE WHOLESALE PRICE, THE LANDED COST, OR THE FACTORY SELLING PRICE

NOTE.—The above Schedule does not constitute a list of all items still subject to all the provisions of the Control of Prices Act 1947. For a list of items exempted from Part III of the Control of Prices Act 1947 see New Zealand Gazette No. 43, 30 July 1953, Volume II, page 1227—Exempted Goods and Services (Control of Prices) Notice 1953, No. 1.