596

THE NEW ZEALAND GAZETTE

Price Order No. 1906 (Steel Products Manufactured by Pacific Steel Ltd.)

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. 1906, and shall come into force on the 3rd day of May 1963.
2. (1) Price Order No. 1871* 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.
3. In this order: The expression "f.o.r." means "free on rail", and the expression "c and f" means "cost and freight".

APPLICATION OF THIS ORDER

4. This order applies with respect to the steel products manufactured by Pacific Steel Ltd. of the several kinds specified in the first column of the Schedule hereto.

FIXING MAXIMUM PRICES OF STEEL PRODUCTS TO WHICH THIS ORDER APPLIES

Manufacturer's Prices

5. (1) Subject to the following provisions of this clause the maximum factory selling price that may be charged or received by Pacific Steel Ltd. for any steel products to which this order applies shall be the appropriate price fixed in the First Schedule hereto: Provided that any such price may be increased where applicable by the appropriate extra charges referred to in the Second Schedule hereto. (2) The maximum factory selling prices fixed by this order are subject to the following surcharges:

Rounds— Extras:

(a) 10 tons, 1 length, 1 diameter: no extra. (b) 10 tons, 2 variations of length, or 5–9 tons, 1 length, 1 diameter: 10s. per ton. (c) 10 tons 3 or 4 variations of length or 3–4 tons, 1 length, 1 diameter: £1 per ton. (d) 10 tons, 5–8 variations of length, or 2 tons, 1 length, 1 diameter: £2 per ton. (e) 10 tons, 9–10 variations of length, or 2 tons dissimilar lengths, 1 diameter: £3 per ton.

Where quantities under 10 tons of a length incur any extra freight, cartage, or other charges, such charges are to customer’s account.

(3) The maximum prices as aforesaid are fixed for deliveries as follows: (a) Within a radius of 25 miles of Otahuhu, free on truck at mill. (b) At North Island ports of Whangarei, Tauranga, Napier, New Plymouth, and Wellington, and also at all South Island ports, “c and f” at any such port. (c) For any other deliveries, “f.o.r.” Otahuhu.

FIRST SCHEDULE

MAXIMUM FACTORY SELLING PRICE OF STEEL PRODUCTS MANUFACTURED BY PACIFIC STEEL LTD.

Description of Steel Size Maximum Price per Ton

Rounds, reinforcing and engineering $\frac{3}{8}$" £ s. d. $50 10 0$

Squares $\frac{1}{2}$" £ s. d. $49 10 0$

Flats $\frac{5}{8}$" £ s. d. $49 10 0$

Angles $\frac{3}{4}$" and over £ s. d. $49 0 0$

No. 26

SECOND SCHEDULE

EXTRAS FOR QUALITY, NON-STANDARD LENGTHS, DEFORMED BAR, AND TESTS

Quality— £ s. d. Medium tensile 70,000 to 90,000 lbs per square inch 0 16 3 per ton High tensile 80,000 lbs minimum per square inch 0 16 3 per ton

Length— Over 35 ft to 40 ft 0 8 3 per ton Over 40 ft to 50 ft 0 16 3 per ton Over 50 ft 0 16 3 per ton plus 2s. 6d. per foot or part of a foot in addition to the extra for 50 ft. (The 2s. 6d. is to apply only to the lengths in excess of 50 ft)

Under 16 ft to 10 ft 0 16 3 per ton Under 10 ft 1 12 6 per ton Dead length 0 16 3 per ton under 5 tons of any one length, section, or quality.

Deformed Bar 2 0 0 per ton

Tests— Government inspection 0 12 3 per ton To Lloyds, etc. 0 16 3 per ton By buyer at supplier's works 4 0 0 lump sum per test or set of tests or 2s. per ton whichever is the greater.

Surface inspection 1 0 0 per ton Proof stress 1 10 0 per ton Additional chemical analysis 1 10 0 per ton Impact 1 15 0 per ton Brinell on not less than 10 per cent of the bars 3 15 0 per ton Inspection or testing of lots less than 1 ton 0 7 6 lump sum per test.

Dated at Wellington this 26th day of April 1963.

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. (I. and C.)

*Gazette, 10 May 1962 Vol. II, p. 738.

Order No. 3 (1963) of the Trade Practices and Prices Commission

In the matter of the Trade Practices Act 1958 and in the matter of an inquiry into the refusal of Kemptthorne Prosser's New Zealand Drug Co. Ltd. to supply Sharland and Co. Ltd. with certain drugs.

WHEREAS the Trade Practices and Prices Commission has, pursuant to section 18 of the Trade Practices Act 1958, conducted an inquiry into the alleged refusal by Kemptthorne Prosser's New Zealand Drug Co. Ltd. (hereinafter referred to as the “drug company”) to supply CIBA drugs on a wholesale trade basis to Sharland and Co. Ltd. And whereas, prior to the said inquiry, the Examiner of Trade Practices and Prices presented to the Commission a report, pursuant to section 17 of the said Act, and a reply thereto was filed on behalf of the drug company. And whereas it was alleged in the report of the said Examiner that the drug company had refused and continued to refuse to supply CIBA drugs to Sharland and Co. Ltd. And whereas it was admitted by the drug company in its said reply that it had refused and continued to refuse to supply CIBA drugs to Sharland and Co. Ltd., but that such refusal was on instructions from CIBA Laboratories Ltd., of England, for whom the drug company is the New Zealand agent. And whereas the Commission heard evidence adduced by the Examiner and by the drug company and by CIBA Laboratories Ltd., and heard Mr Cook of Counsel for the drug company, Mr McKay of Counsel for CIBA Laboratories Ltd., and Mr Orr of Counsel for the Examiner. And whereas the Commission has found that the refusal by the drug company to supply CIBA drugs to Sharland and Co. Ltd. is a trade practice in terms of section 19 (2) (i) of the Trade Practices Act 1958. And whereas the Commission has further found that the said trade practice is contrary to the public interest in terms of section 20 (1) (d) of the said Act and has decided that an order should be made under the said Act in respect of the said trade practice.

Now, therefore, the Trade Practices and Prices Commission hereby orders and directs Kemptthorne Prosser's New Zealand Drug Co. Ltd.:

(a) To discontinue the practice of unjustifiably refusing to supply to Sharland and Co. Ltd. CIBA drugs on the same terms as it supplies such drugs to other wholesalers in the trade and to make no attempt to revive this practice, and