30 Sept.] THE NEW ZEALAND GAZETTE 1531

Price Order No. 1570 (Phosphatic Fertilizers)

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

1. This Order may be cited as Price Order No. 1570, and shall come into force on the 1st day of October 1954.
2. (1) Price Order No. 1482* is hereby revoked.
   (2) The revocation of the said Order shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this Order.

APPLICATION OF THIS ORDER

3. (1) Subject to the next succeeding subclause, this Order applies with respect to phosphatic fertilizers of the following kinds manufactured or prepared in New Zealand and sold for use in New Zealand:
   (a) Superphosphate:
   (b) Serpentine superphosphate comprising 15 cwt. of superphosphate and 5 cwt. of ground serpentine rock per ton:
   (c) Superphosphate compound comprising 15 cwt. of superphosphate, 2 cwt. of ground serpentine rock or limestone, and 3 cwt. of finely ground Nauru or Ocean Island rock phosphate per ton:
   (d) Reverted superphosphate comprising 15 cwt. of superphosphate and 5 cwt. of carbonate of lime per ton:
   (e) Super Nauru compound comprising 15 cwt. of superphosphate and 5 cwt. of Nauru or Ocean Island rock phosphate per ton:
   (f) Finely ground Nauru or Ocean Island rock phosphate.
   (2) Nothing in this Order shall apply with respect to any phosphatic fertilizers sold in a quantity of less than one ton.

FIXING MAXIMUM PRICES OF PHOSPHATIC FERTILIZERS TO WHICH THIS ORDER APPLIES

4. (1) The prices for phosphatic fertilizers fixed by this Order are fixed in respect of sales of the following classes, namely:
   (a) Sales to a user—that is to say, to a person purchasing for his own use and not for the purpose of resale:
   (b) Sales to a storekeeper—that is to say, to a person (not being a merchant, dairy company, or farmer’s organization as hereinafter mentioned), purchasing solely for resale to users:
   (c) Sales to a merchant—that is to say, to a person purchasing for resale to storekeepers or to users:
   (d) Sales to a dairy company, as defined in section 2 of the Dairy Industry Act 1908, purchasing solely for resale to persons being suppliers of milk or cream to the company:
   (e) Sales to an incorporated farmers’ organization, having a retail department conducted on a co-operative basis, and purchasing phosphatic fertilizers solely for the purpose of resale to its members.
   (2) The prices for phosphatic fertilizers fixed by this Order are fixed in respect of sales for cash or for credit until a date not later than the 20th day of the month next following the month of delivery.
   (3) Where any sale is made on terms allowing credit for a longer period than that mentioned in the last preceding subclause, the purchaser shall be entitled, notwithstanding anything to the contrary in the contract of sale, to the benefit of the prices fixed by this Order if in fact payment is made not later than the 20th day of the month next following the month of delivery.
   (4) The prices fixed by this Order include the price of the containers.
5. (1) Where any phosphatic fertilizers manufactured in the South Island are sold for delivery “ex works” or “free on rail” at Burnside, Hornby, or Ravensbourne, the maximum price that may be charged or received shall be the appropriate price specified in the First Schedule hereto.
   (2) Where any phosphatic fertilizers manufactured in the North Island are sold for delivery “ex works” or “free on rail” at Aramoho, Otahuhu, Smart Road (New Plymouth), Te Papapa, Westfield, or Awatoto, the maximum price that may be charged or received shall be the appropriate price specified in the Second Schedule hereto.
   (3) In the case of sales in bulk (i.e., not in containers of any kind) the prices for “Twenty to Ton” fixed in the First or Second Schedule hereto, whichever is appropriate, shall be reduced by the sum of £1 4s. 6d. per ton in respect of each class of sale.
   (4) Where any phosphatic fertilizers are sold for delivery elsewhere than at one of the places mentioned in subclauses (1) and (2) of this clause, the maximum price that may be charged or received shall be the appropriate price fixed in the First or Second Schedule hereto, whichever is appropriate, increased by the amount of the freight charges between the place of manufacture and the place of delivery: Provided that the amount added to the price in respect of freight charges shall not in any case exceed the amount that would have been incurred had delivery been effected by the holder of a goods-service licence under the Transport Act 1949, at authorized rates: Provided also that where phosphatic fertilizer manufactured at Smart Road is sold for delivery at a place which is nearer or more convenient of access to Aramoho the freight charge shall not exceed that which would have been incurred had delivery been made from Aramoho to the place of delivery.
   (5) In every invoice, debit-note, or similar document issued by a vendor to a user in respect of the sale of any phosphatic fertilizer, there shall be shown separately—
   (a) The price of the phosphatic fertilizers fixed in accordance with this Order; and
   (b) The additional amount (if any) payable by the purchaser in respect of freight charges.

FIRST SCHEDULE

FIXING MAXIMUM PRICES (CONTAINERS INCLUDED) FOR PHOSPHATIC FERTILIZERS MANUFACTURED IN THE SOUTH ISLAND AND SOLD AT BURNSIDE, HORNBY, OR RAVENSBOURNE

SECOND SCHEDULE

FIXING MAXIMUM PRICES (CONTAINERS INCLUDED) FOR PHOSPHATIC FERTILIZERS MANUFACTURED IN THE NORTH ISLAND AND SOLD AT ARAMOHO, OTAHUHU, SMART ROAD (NEW PLYMOUTH), TE PAPAPA, WESTFIELD, OR AWATOTO.

Dated at Wellington, this 29th day of September 1954.

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

[L.S.]

D. J. DALGLISH, (Judge), President.
G. LAURANCE, Member.

• Gazette, 23 July 1953, Vol. II, page 1198.