12 SEPTEMBER
THE NEW ZEALAND GAZETTE
1443

And whereas the Commission decided that an order should be made under the said Act to give effect to the said recommendation:

Now, therefore, the Trade Practices and Prices Commission hereby orders and directs the New Zealand Farmers Fertilizer Co. Ltd. to accept orders for phosphatic fertilizer from the Waikato Farmers Traders’ Society Ltd. and the Taranaki Rural Traders’ Society Ltd., provided that the said societies conform with the conditions for payment of supplies as set out hereunder, or on such other terms as may be agreed upon from time to time between the company and any of the said societies.

TERMS FOR PAYMENT

IN this order the word “price” means:

(a) In the case of phosphatic fertilizer, subject to the provisions of a price order, the price stated in the price order; or

(b) In the case of fertilizers which are subject to the approval of the Department of Industries and Commerce, under authority delegated by the Price Tribunal, the price so approved by the Department in accordance with the formula approved by the Price Tribunal and duly notified to the Department as directed by the Price Tribunal.

Orders will be placed by each society with the company. Not less than five working days before delivery of the fertilizer is made or required, the society shall deposit into a bank account nominated by the company an amount equal to the value of the order calculated at user prices.

The fertilizer will be despatched to the farmer concerned. The company will debit the account of the society with the value of the order calculated at the prices fixed by the price order as applicable to farmers’ organisations, as defined in clause 4 (i) (e) of the current price order, or as in (b) above.

At the end of the month in which deliveries are made the company will credit the society’s ledger account with the total lodgments made by the society into the nominated bank account relating to those deliveries.

The company will pay the society the balance standing to its credit in its ledger account at the company as soon as practicable in the month following the month in which deliveries are made.

Dated at Wellington this 31st day of August 1966.

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

[L.S.]
B. S. BARRY, Chairman.
F. F. SIMMONS, Member.
J. R. DENCH, Member.

(I. and C.)

Order No. 4 (1966) of the Trade Practices and Prices Commission

IN the matter of the Trade Practices Act 1958 and in the matter of an alleged trade practice relating to the pricing of male hairdressing services.

WHEREAS the Trade Practices and Prices Commission has received from the Examiner of Trade Practices and Prices (hereinafter referred to as “the Examiner”) a report, pursuant to section 17 of the said Act, in which it was alleged that the members of Canterbury and Westland Hairdressers’ and Tobacconists’ Association (Incorporated) (hereinafter referred to as “the Association”) had entered into an agreement or arrangement in respect of the prices to be charged by members for male haircutting and hairdressing;

And whereas the said Examiner’s report alleged that this agreement or arrangement was a trade practice in terms of section 19 (2) (c) of the said Act and, further, was contrary to the public interest in terms of section 20 (1) (b) and (d) of the Act;

And whereas the Examiner has furnished a further report to the Commission that, as a consequence of conciliation proceedings entered into, pursuant to section 16A of the Act, the association has provided evidence that it has abandoned the trade practice of collectively fixing prices and notified all members by circular letter of 28 March 1966 as follows:

“1. That the resolution carried at the quarterly general meeting held on Tuesday, 8 September 1964, recommending prices for haircutting from 21 September 1964, be hereby rescinded.

2. It is agreed that henceforth it is the policy of the Association not to decide, recommend, or influence the prices to be charged for male hairdressing.

3. That members be advised of the text of the foregoing resolutions, that they be asked to return the Price Cards distributed in 1964, and that they be advised that henceforward prices to be charged for male hairdressing shall be determined solely by the hairdresser concerned and without consultation or agreement with any other hairdresser”;

And whereas the association requested that the Commission exercise its discretion under section 17 (2) of the Act to dispense with the holding of an inquiry under section 18 of the Act, and has agreed with the examiner as to the nature of the recommendation made by the Examiner to the Commission as to an order under section 19 of the Act;

And whereas the Commission is satisfied that all persons who would be bound by any order made by the Commission pursuant to the recommendation of the Examiner have concurred with such recommendation and has decided to dispense with the holding of an inquiry under section 18 of the Act;

And whereas the Commission decided that an order should be made under the Act to give effect to the said recommendation:

Now, therefore, the Trade Practices and Prices Commission hereby orders and directs the Canterbury and Westland Hairdressers’ and Tobacconists’ Association (Incorporated) and the members thereof to refrain from reviving the said agreements in any form, whether as members or otherwise howsoever, and to refrain from entering into any agreement or arrangement in any form whatsoever to perform hairdressing or haircutting services at prices agreed upon; and that henceforth the members of the Association shall individually determine their prices for performing haircutting or hairdressing services without reference to or consultation with any other person or persons.

Dated at Wellington this 31st day of August 1966.

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

[L.S.]
B. S. BARRY, Chairman.
F. F. SIMMONS, Member.
J. R. DENCH, Member.

(I. and C.)

Price Order No. 2015 (Woolpacks)

PURSUANT to the Control of Prices Act 1947, I, Alfred Gaynor Beadle, pursuant to a delegation from the Secretary of Industries and Commerce acting under a delegation from the Price Tribunal, hereby make the following price order:

1. This order may be cited as Price Order No. 2015 and shall come into force on the 9th day of September 1966.

2. (1) Price Order No. 1984* 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.

APPLICATION OF THIS ORDER

3. This order applies only with respect to sales by way of retail of 42 in. woolpacks.

FIXING MAXIMUM RETAIL PRICE OF WOOLPACKS TO WHICH THIS ORDER APPLIES

4. (1) Subject to the following provisions of this clause, the maximum price that may be charged or received by any retailer for any woolpacks to which this order applies shall be:

(a) For woolpacks sold by a retailer carrying on business at one of the ports of Auckland, Wellington, Lyttelton, Dunedin, Timaru, Bluff or Napier: 16s. 8d. each.

(b) For woolpacks sold by a retailer carrying on business elsewhere than at one of the ports mentioned in paragraph (a) hereof: 16s. 8d. each, increased by the appropriate proportion of the freight charges incurred by the retailer in obtaining delivery from such one of the said ports as is most convenient of access to his store:

Provided that, where any woolpacks to which this paragraph applies are obtained by the retailer elsewhere than from such one of the said ports as is most convenient of access to his store, the increase authorised by this paragraph shall not exceed the appropriate proportion of the freight charges that would have been incurred by the retailer if the woolpacks had been obtained from that port and if delivery had been effected at current freight rates.

(2) The maximum prices fixed by the last preceding sub-clause are fixed as for delivery f.o.r. or f.o.b. as the case may require.

(3) Where any woolpacks are delivered by a retailer otherwise than f.o.r. or f.o.b., the price that may be charged by the retailer shall be the appropriate price in terms of the foregoing provisions of this clause increased by the amount of the freight charges incurred by him in effecting delivery and then reduced by the amount of those charges that would have been incurred by him if he had delivered the woolpacks f.o.r. or f.o.b. as aforesaid.

(4) Any freight charges imposed by a retailer pursuant to the foregoing provisions of this clause shall be shown separately on the appropriate invoice.

5. 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 retail prices in respect of any woolpacks, 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 woolpacks or may relate generally to all woolpacks to which this order applies sold by the retailer while the approval remains in force.

Dated at Wellington this 7th day of September 1966.

A. G. BEADLE,
Director of Trade Practices and Prices Division.

*Gazette, 19 August 1965, Vol. II, p. 1339

(I. and C.)

B