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THE NEW ZEALAND GAZETTE
No. 69

Price Order No. 1790 (Bottled Beer Sold by Way of Retail)

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. 1790 and shall come into force on the 13th day of November 1959.

2. (1) Price Order No. 1703* is hereby revoked.

(2) The revocation of the said price order shall not affect the liability of any person for any offence in relation thereto committed before the coming into force of this order.

3. In this order, unless the context otherwise requires,—
   “Beer” includes ale, beer, stout, porter, lager, and all other malt liquors in respect of which beer duty, in accordance with Part III of the Finance Act 1915, is payable:
   “Ounce” means fluid ounce as defined in the Weights and Measures Proclamation 1946†:
   “Pint bottle” means a bottle customarily referred to in the licensed trade as a pint bottle and having a capacity of approximately 13⅓ oz.:
   “Quart bottle” means a bottle customarily referred to in the licensed trade as a quart bottle and having a capacity of approximately 26⅔ oz.:
   “Retailer” means any person who is the holder of a publican’s licence, an accommodation licence, or a tourist house licence under the Licensing Act 1908:
   “Wholesaler” means a person who is the holder of a wholesaler’s licence under the Licensing Act 1908 or who is the holder of a brewer’s licence under Part III of the Finance Act 1915:
   “Wholesale cost”, in relation to beer to which this order applies, means the sum of the following amounts:
   (a) The actual price paid to the wholesaler by the retailer for the beer, including any charges made for bottles but not including any charges made by the wholesaler for any cartons, cases, or crates in which the beer is delivered;
   (b) The amount of any sales tax payable by the retailer in respect of the beer and not included in the price paid to the wholesaler;
   (c) The amount of freight charges incurred by the retailer in obtaining delivery of the beer into his premises, being not more in any case than the amount of freight charges that would have been incurred if the beer had been transported by land or sea by the shortest or most convenient route by a common carrier at current freight rates;
   decreased by the amount of any discount allowed to the retailer for payment on or before a specified date, whether or not the retailer avails himself of the right to obtain that discount.

APPLICATION OF THIS ORDER

4. (1) This order applies with respect to all beer contained either in quart bottles or in pint bottles and sold by a retailer for consumption off the premises in respect of which his licence is granted.

(2) Nothing in this order shall apply to the sale of beer by a wholesaler to any person other than a retailer.

FIXING MAXIMUM RETAIL PRICE OF BOTTLED BEER TO WHICH THIS ORDER APPLIES

5. (1) Subject to the following provisions of this clause, the maximum price that may be charged or received by any retailer for any bottled beer to which this order applies shall be the amount of the wholesale cost incurred by the retailer in respect of the lot sold, increased at the rate of 6s. 3d. per dozen for quart bottles or 3s. 5d. per dozen for pint bottles, as the case may be.

(2) If the retail price per bottle calculated in accordance with the foregoing provisions of this clause is not an exact number of pence or half pence, the price may be calculated to the next upward half penny; but where the price of any lot of bottled beer sold is not an exact number of pence, the price for the lot shall be the next upward penny.

(3) No additional charge shall be made for wrapping any bottled beer to which this order applies, provided that when any beer is sold in a case, crate, or carton in which beer was delivered to the retailer by a wholesaler, the amount charged by the wholesaler for such case, crate, or carton may be added to the retail price of the beer.

(4) Where bottled beer is purchased by a retailer from another retailer the maximum price that may be charged by the purchasing retailer for the beer shall not exceed the amount that would have been charged if the beer had been purchased from a wholesaler.

(5) No charge made by a wholesaler to a retailer in respect of any bottled beer other than the charges specifically authorised by this order to be included in the price charged by a retailer shall be included by the retailer in the price charged by him to the purchaser of the beer.

SPECIAL PRICES WHERE EXTRAORDINARY CHARGES INCURRED

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 authorise special maximum prices in respect of any bottled beer 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 bottled beer or may relate generally to all bottled beer to which this order applies sold by the retailer while the approval remains in force.

Dated at Wellington this 11th day of November 1959.

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

[L.S.]

S. T. BARNETT, President.
R. D. CHRISTIE, Member.
F. F. SIMMONS, Member.

*Gazette, 13 June 1957, Vol. II, p. 1167
†S.R. 1946/68, p. 141

Amendment of Standard Specification

Pursuant to the Standards Act 1941 and the regulations made thereunder, the Minister of Industries and Commerce, on 5 November 1959, amended the under-mentioned standard specification by the incorporation of the amendment shown hereunder:

Number and Title of Specification: N.Z.S.S. 379:1959: Flameproof enclosure of electrical apparatus; being B.S. 229:1957.

Amendment: No. 3 (Ref. No. PD 3247, 31 December 1958).

Price of Copy (Post Free): 7s. 6d.

Application for copies of the standard specification so amended should be made to the N.Z. Standards Institute, Hamilton Chambers, 201 Lambton Quay (P.O. Box 195), Wellington C.1. Copies of the amendment will be supplied, free of charge, upon request.

Dated at Wellington this 9th day of November 1959.

R. T. WRIGHT,
Executive Officer, Standards Council.

Amendment of Standard Specification

Pursuant to the Standards Act 1941 and the regulations made thereunder, the Minister of Industries and Commerce, on 27 October 1959, amended the under-mentioned standard specification by the incorporation of the amendments shown hereunder:

Number and Title of Specification Amendment Price of Copy (Post Free)
s. d.

N.Z.S.S. 318:1959: Oil burning equipment; being B.S. 799:1953, amended to meet New Zealand requirements (superseding N.Z.S.S. 318; being B.S. 799:1938, amended to meet New Zealand requirements)

{No. 1 (Ref. No. PD 1892, 3 June 1954)
No. 2 (Ref. No. PD 2294, 22 September 1955)
No. 3 (Ref. No. PD 2804, 6 June 1957)}

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Application for copies of the standard specification so amended should be made to the N.Z. Standards Institute, Hamilton Chambers, 201 Lambton Quay (P.O. Box 195), Wellington C.1. Copies of the amendments will be supplied, free of charge, upon request.

Dated at Wellington this 6th day of November 1959.

R. T. WRIGHT,
Executive Officer, Standards Council.

Specification Declared to be a Standard Specification

Pursuant to the Standards Act 1941 and the regulations made thereunder, the Minister of Industries and Commerce, on 27 October 1959, declared the under-mentioned specification to be a standard specification:

Number and Title of Specification Price of Copy (Post Free)
s. d.

N.Z.S.S. 318:1959: Oil burning equipment; being B.S. 799:1953, amended to meet New Zealand requirements (superseding N.Z.S.S. 318; being B.S. 799:1938, amended to meet New Zealand requirements)

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Application for copies should be made to the N.Z. Standards Institute, Hamilton Chambers, 201 Lambton Quay (P.O. Box 195), Wellington C.1.

Dated at Wellington this 6th day of November 1959.

R. T. WRIGHT,
Executive Officer, Standards Council.