1844
THE NEW ZEALAND GAZETTE
No. 74

SECOND SCHEDULE
FORMER TARIFF DECISION UNDER ITEM 352

Refrigerating—
Temperature controllers, thermostatically or pressure operated,
peculiar to use with refrigerating apparatus.
Respirators for protection against dust, paint fumes, etc., but
unsuitable for protection against smoke or poisonous gas or
for medical purposes.

Rope and twine making—
Drawing frames, screw gill, being machines used in preparing
fibre for making twine.
Hacklers and spreaders, combined.
Hemp combing machines and combing leathers therefor.
Hemp softening machines.
Pins, cast steel, peculiar to use with spreader machines.
Spinning machines for spinning fibre into yarn.
Spreader machines and sprayer pressing rollers therefor.
Twine winding machines.

Sand rammers, pneumatic, used for packing casting moulds,
concrete, and similar operations.

Screens—
Screens made from woven manganese-steel wire and having
raw or finished edges.

Spray guns for spraying liquids or flock by means of compressed
air or steam.

Stills—
Earthenware, for distilling chemical compounds.

Stone crushing—
Breakers, rock and ore, gyratory and rotary.
Plates, wearing, manganese steel, for rotary swing hammer
chip crushers.

Superphosphate making—
Dust collectors, the Sturtevant automatic two cylinder bag
filters, specially suited for collecting fine phosphate dust.
Excavators, machines which, after the treatment of rock phos-
phate with sulphuric acid, cut the resultant superphosphate
from the cylinders.

Dated at Wellington this 14th day of November 1963.
J. F. CUMMINGS, Comptroller of Customs.
(Tariff Decision Review Notice 1963/8)

Plants Declared Noxious Weeds in the City of Tauranga
(Notice No. Ag. 7884)

PURSUANT to section 3 of the Noxious Weeds Act 1950 and to
a delegation from the Minister of Agriculture under section 9
of the Department of Agriculture Act 1953 for the purposes
of the said section, the following special order, made by the
Tauranga City Council on the 23rd day of September 1963,
is hereby published.

SPECIAL ORDER

THAT the Tauranga City Council, pursuant to the provisions
of the Noxious Weeds Act 1950, declares that as from the
date approved by the Minister of Agriculture:

(a) The list of plants referred to in the Gazette notice num-
ber 4976 of 29 March 1951 is deleted.

(b) The following plants are noxious weeds within the
whole district of the City of Tauranga:

Water hyacinth (Eichhornia crassipes)
Cape tulip (Homeria callina)
Hemlock (Conium maculatum)
Ragwort (Senecio jacobaea)
Blackberry (Rubus fruticosus and Rubus laciniatus)
Gorse (Ulex, any species)
Bathurst bur (Xanthium spinosum)
Silver poplar (Populus alba var. nivea)

Dated at Wellington this 8th day of November 1963.
G. J. ANDERSON, Director (Administration).

Declaring Land to be Subject to the Provisions of Part XXIV
of the Maori Affairs Act 1953 (Whangamata Development
Lands)

PURSUANT to section 331 of the Maori Affairs Act 1953, the
Board of Maori Affairs, with the consent of the Minister of
Lands, hereby declares that on and from the date of the
publication of this notice in the Gazette the Crown land
described in the Schedule hereto shall be subject to the
provisions of Part XXIV of the Maori Affairs Act 1953.

SCHEDULE

SOUTH AUCKLAND LAND DISTRICT

Land Block and Area
Survey District A. R. P.
Lot 4, D.P. S. 3,600, being part IV, Ohinemuri ..... 162 0 0
of Sections 5 and 20 (part
C.T. 2A/345) ..

Dated at Wellington this 4th day of November 1963.
For and on behalf of the Board of Maori Affairs:
B. E. SOUTER,
Deputy Secretary for Maori Affairs.
(M.A. 32/4/172; D.O. 27/6/190)

Order No. 6 (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 a retendering provision in the
rules of the Waikato Master Builders’ Industrial Union
of Employers.

WHEREAS the Trade Practices and Prices Commission has,
pursuant to section 18 of the Trade Practices Act 1958, con-
ducted an inquiry into a retendering provision contained in
bylaw No. 1 in the rules of the Waikato Master Builders’
Industrial Union of Employers (hereinafter referred to as
the “union of employers”).

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, in which it was
alleged that Bylaw No. 1 of the rules of the Waikato Master
Builders’ Association Incorporated (hereinafter referred to
as “the association”) contained a retendering provision in
terms following:

“When tenders are received no member other than the
lowest tenderer shall tender a second time within
a period of six months unless the contract has been
altered by at least 20 per cent (P.C. sum omission not
inclusive in the reduction of the contract).”

And whereas the Examiner alleged, in his said report, that
the said Bylaw No. 1 constituted a trade practice in terms of
paragraphs (c) and (i) of subsection (2) of section 19 of the
said Act.

And whereas the association, in its answer to the said
report, admitted that the foregoing Bylaw No. 1 was part of
the rules of the said association but denied that the said
Bylaw was a trade practice in terms of paragraphs (c) and
(i) of subsection (2) of section 19 of the said Act.

And whereas the Commission heard evidence adduced by the
Examiner and by the association and the union of employers
and heard Mr Orr of Counsel for the Examiner and Mr
Tompkins of Counsel for the association and union of
employers.

And whereas it was admitted by Mr Tompkins, at the said
inquiry, that the said Bylaw No. 1 was part of the rules of
the union of employers and not part of the rules of the
association.

And whereas it was further admitted that the membership
of the association and the union of employers was identical.

And whereas it was agreed by Mr Tompkins, on behalf of
the union of employers and the association, that the inquiry
into the operation of the said Bylaw No. 1 was properly
constituted and should proceed.

And whereas the Commission has found that the said
Bylaw No. 1 constitutes a trade practice in terms of paragraph
(c) of subsection 2 of section 19 of the Act.

And whereas the Commission has further found that the
said trade practice is contrary to the public interest in terms
of section 20 (d) of the 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,
pursuant to sections 19 and 21 of the Trade Practices Act
1958, hereby orders the Waikato Master Builders’ Industrial
Union of Employers, the Waikato Master Builders’ Associa-
tion Incorporated, and the respective members thereof:

(a) To discontinue the present practice of restricting the
number of member builders who may tender or re-
tender for any contract which has been readvertised
on a second or subsequent occasion.

(b) To refrain from reviving the said practice in any form
whatsoever whether as members of the said union
or association or otherwise howsoever and to refrain
from entering into any other agreement or arrange-
ment which would have the same effect.

And, further, orders the Waikato Master Builders’ Union
of Employers:

(a) To convene, within 28 days of the making of this order,
a meeting of member builders and to pass thereat a
resolution rescinding the said retendering rule Bylaw
No. 1.

(b) To advise, in writing, all members of the union of
employers within 35 days of the making of this
order that the retendering rule Bylaw No. 1 has
been rescinded and that henceforth members will be
at complete liberty to tender for any contract such
price as they see fit and to retender for any contract
which may be advertised as and when and at such
price as they see fit.

Dated at Wellington this 31st day of October 1963.

The seal of the Trade Practices and Prices Commission was
affixed hereto in the presence of:

[L.S] S. T. BARNETT, Chairman.
R. D. CHRISTIE, Member.
F. F. SIMMONS, Member.

(I. and C.)