696

Price Order No. 15 (Flour and Wheatmeal)

Pursuant to the Commerce Act 1975, I, Maurice John Belgrave, pursuant to a delegation from the Secretary of Trade and Industry hereby make the following price order:

1. TITLE AND COMMENCEMENT

This order may be cited as Price Order No. 15, and shall come into force on 1 April 1976.

2. REVOCATIONS

(1) Price Order No. 2195 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. APPLICATION OF ORDER

This order applies to flour and wheatmeal.

4. INTERPRETATION

In this price order—

“Agent” means an agent appointed by the New Zealand Wheat Board to effect sales of flour and wheatmeal on its behalf;

“Wholesaler” means any person who sells flour or wheatmeal to a manufacturer or retailer in the pack sizes sold by the New Zealand Wheat Board;

“Retailer” means any reseller other than a wholesaler;

“Flour levy” means the amount payable to the Wheat Research Institute;

“Excess railage” means the difference between the amount actually charged and the amount calculated at Class E rate according to the Railways Standard Schedules;

“Minimum quantity lots” means the minimum quantities of flour and wheatmeal which will be supplied at the New Zealand Wheat Board’s list prices, but in no case exceeding 250 kilogrammes (551.15 lb);

“Wheatmeal” includes wholemeal.

5. NEW ZEALAND WHEAT BOARD’S AND AGENTS’ SELLING PRICES

Subject to the following provisions of this order, the maximum prices that may be charged or received by the New Zealand Wheat Board or its agents at the approved points of sale for any flour or wheatmeal to which this order applies, which is sold in not less than minimum quantity lots, shall not exceed the sum of the following amounts (provided that the prices charged shall include only that part of the following amounts which relates to the quantity sold):

(a) The price for the pack concerned calculated at the following rates:

(These prices are for net weights, when packed, of flour or wheatmeal and are subject to 1½ percent discount for payment within 14 days of delivery.)

Note—Prices of stoneground wheatmeal are subject to special approvals under clause 8 of this order.

(b) The flour levy.

(c) The cost (if applicable) of sacks.

(d) For areas where the terms of sale are “on rail”:

(i) The amount (if incurred) of “excess railage”;

(ii) Sorting, unloading, or tallying (if incurred) at the rate for the station concerned.

(e) For areas where the terms of sale are “on wharf”:

(i) Railage (if incurred) where the buyer is situated within 35 kilometres of the port;

(ii) Sorting or tallying (if incurred) at the rate for the port concerned.

(f) Where the flour or wheatmeal is sold “ex New Zealand Wheat Board’s or its agent’s store”:

(i) The amount of any cartage incurred for delivery from mill, wharf, or rail to a store of the New Zealand Wheat Board or its agent, provided the amount so included shall not exceed the amount of the charges that would have been incurred had delivery been effected at current transport rates:

(ii) Storage or through store charges at the approved rate for the area concerned.

(g) Any transport charges beyond the New Zealand Wheat Board’s point of sale, which are paid by the Board or its agent on behalf of the buyer:

Provided that if the maximum price so calculated is not an exact number of cents, the maximum price shall be calculated to the nearest whole cent.

6. WHOLESALERS’ PRICES IN RESPECT OF SALES TO MANUFACTURERS AND RETAILERS

Subject to the following provisions of this order, the maximum prices that may be charged or received by any wholesaler for any flour or wheatmeal to which this order applies, shall not exceed the sum of the following amounts (provided that the prices charged shall include only that part of the following amounts which relates to the quantity sold):

(a) The cost to the wholesaler that would have been incurred had the wholesaler purchased the flour or wheatmeal from the New Zealand Wheat Board or its agents, less the 1½ percent early payment discount allowable by the New Zealand Wheat Board whether or not the discount is obtained.

(b) The flour levy.

(c) The cost (if applicable) of sacks.

(d) The amount of sea freight or wharfage charges, incurred in obtaining delivery to wholesale store.

(e) Railage charges actually incurred in obtaining delivery to wholesale store, provided the amount so added may not exceed the charge that would have been incurred had railage been charged at Class E rates.

(f) The amount of any cartage charges actually incurred in obtaining delivery to wholesale store, provided that the amount so added may not exceed the proportionate amount of the charge that would have been incurred had delivery been effected at current transport rates for delivery in not less than tonne lots, or at the authorised average charge for the area concerned.

(g) The amount of any bridge or tunnel toll charges incurred in obtaining delivery to wholesale store.

(h) An amount calculated as follows:

(i) for flour and wheatmeal which is delivered to manufacturing or retail premises without charge for delivery—

7 percent of the sum of the foregoing items (a) to (g):

(ii) for flour and wheatmeal which is sold “ex wholesaler’s store”—

4 percent of the sum of the foregoing items (a) to (g) plus any amount for transport charges which are paid by the wholesaler on behalf of the buyer:

Provided also that if the maximum price calculated in accordance with this clause is not an exact number of cents, the maximum price shall be calculated to the nearest whole cent:

Provided further that an additional sum may be added to the total so calculated to provide for any discount which is customarily deducted for payment within a specified time.

7. RETAILERS’ PRICES FOR FLOUR AND WHEATMEAL

Subject to the following provisions of this order, the maximum prices that may be charged or received by any retailer for any flour or wheatmeal to which this order applies, shall not exceed the sum of the following amounts (provided that the prices charged shall include only that part of the following amounts which relates to the quantity sold):

(a) The cost to the retailer that would have been incurred had the retailer purchased the flour or wheatmeal from the New Zealand Wheat Board or its agents in minimum quantity lots, less the 1½ percent early payment discount allowable by the New Zealand Wheat Board whether or not the discount is obtained.