28 FEBRUARY THE NEW ZEALAND GAZETTE 685

The Cream Price Notice 1985 (No. 344†; Ag. 4/51/12/9)

Pursuant to section 25 of the Milk Act 1967, the Minister of Agriculture hereby gives the following notice:

NOTICE

1. Title and commencement—(1) This notice may be cited as the Cream Price Notice 1985.

(2) This notice shall be deemed to have come into force on the 1st day of March 1985.

2. Interpretation—In this notice, unless the context otherwise requires—

“Commercial user” means any person who buys cream for consumption on premises occupied by him (whether in the form in which it is received by him or otherwise and whether separately or in combination with any other substance);

“Consumer” means any person who buys cream for any purpose other than resale;

“Cream” has the same meaning as in the Food Regulations 1984;

“Vendor” means any person who resells cream other than a commercial user or the occupier of a shop dairy.

3. Application—This notice applies to all cream sold anywhere in New Zealand to vendors, commercial users, or consumers, or to occupiers of shop dairies.

4. Maximum cream prices—(1) Subject to this notice, the maximum price at which cream to which this notice applies may be sold shall be as follows:

(a) When sold to the occupier of a shop dairy, the price shall be the appropriate price fixed in the Schedule hereto for cream sold to the occupier of a shop dairy for resale.

(b) When sold to a commercial user or consumer by any person other than the occupier of a shop dairy, the price shall be the appropriate price fixed in the Schedule hereto for cream sold to a commercial user or consumer by a vendor.

(c) When sold by the occupier of a shop dairy to a commercial user or consumer, the price shall be the appropriate price fixed in the Schedule hereto for cream sold to a commercial user or consumer by an occupier of a shop dairy:

(d) When sold to a vendor, the price shall be the appropriate price fixed in the Schedule hereto for cream sold to a vendor for resale.

(2) When cream is sold in circumstances to which paragraph (a) or paragraph (b) of subclause (1) of this clause applies, the price fixed by that subclause shall include the cost of delivery to the premises of the purchaser.

(3) When cream is sold in circumstances to which paragraph (c) of subclause (1) of this clause applies, the price fixed by that subclause shall apply only in respect of delivery at the shop dairy.

5. Rounding off—(1) If the price computed in accordance with this notice is not an exact number of cents, the price may be computed to the next upward cent.

(2) Where an account is rendered to any purchaser for cream sold during any period comprising more than one day, the total sum charged shall be computed with respect to the total quantity of cream purchased for the period at the appropriate price fixed in the Schedule hereto, and where the total sum so computed is not an exact number of cents it may be computed to the next upward cent.

6. No charge to be made for credit—Where cream to which this notice applies is sold on credit no charge (whether called interest, a booking fee, or any other name) which would not be made if such cream were sold for cash shall be made at any time.

7. Revocation—The Cream Price Notice 1984† is hereby consequentially revoked.

SCHEDULE

Maximum Price at Which Cream May Be Sold

Quantity supplied on any one day, whether loose, in bottles, or other closed containers and irrespective of number of deliveries.

At the Rate of
cents per litre

1. When sold to a vendor
   (a) For resale to a commercial user or consumer in a quantity of less than 2.4 litres 178.66
   (b) For resale to a commercial user or consumer in a quantity of 2.4 litres or more 174.86
   (c) For resale to an occupier of a shop dairy in any quantity 167.36

2. When sold to an occupier of a shop dairy for resale—in any quantity 184.16

3. When sold to a commercial user or consumer by a vendor—
   (a) In a quantity of less than 2.4 litres 65.00 cents per 300 ml
   (b) In a quantity of 2.4 litres or more 191.66 cents per litre

4. When sold to a commercial user or consumer by an occupier of a shop dairy—in any quantity 65.00 cents per 300 ml

Dated at Wellington this 22nd day of February 1985.

COLIN MOYLE, Minister of Agriculture.

†Notice No. 3285, Gazette, 19 July 1984, No. 125, page 2778

Commerce Act 1975

NOTICE is hereby given of Decision No. 112 of the Commerce Commission dated 21 February 1985. This decision consents to the merger or takeover proposal whereby Winstone Ltd. may acquire all the issued shares in the capital of and unsecured convertible notes issued by Odlins Ltd., subject to the following conditions:

A. Neither Winstone/Odlins nor any of its subsidiaries will without the consent of the Commission support, nor be party to any agreement, arrangement or understanding with any other glass merchant as to the supply, prices or conditions that it will charge for all or any of the products sold by its glass division.

B. Winstone shall sell one of the glass merchant outlets in Taupo within 12 months from the date of implementation of the proposal.

C. (i) In respect of the sale of goods [e.g. plumbers’ supplies, glass, transparent roofing, plastic pipes, gibboard, potters’ clay, plaster, etc.] by it, Winstone shall not discriminate between any purchasers of the same class acquiring such goods in similar quantities under similar conditions of purchase and Winstone operations or divisions of the same class acquiring these goods in similar quantities and under similar conditions of purchase (except solely on identifiable economic grounds) or between purchasers of the same class outside the Winstone group acquiring such goods in similar quantities and under similar conditions of purchase. These undertakings shall apply to normal and regular supply and delivery, terms and conditions of sales, prices, discounts and credit terms. It is acknowledged that Winstone may adjust prices and terms of supply to meet specific market conditions.

(ii) This policy shall be made known to all Winstone managers and restated from time to time.

D. (i) In relation to its builders’ supplies and hardware business, Winstone shall ensure that redundancies arising from the merger if any will not take place except by natural attrition before 6 months from the date of this decision. Any redundancies which do occur shall be gradually phased over a period commencing from 6 months and ending not earlier than 2 years from the date of this decision.

(ii) In relation to its head office and computer activities, Winstone shall, unless it has the consent of the Commission, ensure that any redundancies over a period ending not earlier than 2 years from the date of decision shall be by way of natural attrition.

(iii) If redundancies are likely to arise during the above periods the staff and unions will be informed and involved in the planning of such redundancies.

The full text of this decision is available for inspection at the Commission’s offices, Sixth Floor, 163 The Terrace, Wellington. Copies may be purchased on application to the Commission, P.O. Box 10-273, Wellington.

D. J. KERR, Executive Officer.

NOTICE is hereby given of Decision 113 of the Commerce Commission, dated 20 February 1985. This decision approved an Individual Resale Price Maintenance application made by Associated Woollenmakers Ltd., relating to an advertising and specialising programme operated by that company for the Family Fare and IGA Superdiscounter/Foodmaster banner groups.

The full text of this decision is available for inspection at the Commission’s offices, Sixth Floor, 163 The Terrace, Wellington. Copies may be purchased on application to the Commission, P.O. Box 10-273, Wellington.

D. J. KERR, Executive Officer.