25 SEPTEMBER THE NEW ZEALAND GAZETTE 4037

Fixing Rates of the Berryfruit Levy Notice (No. 3892; Ag. 4/54/8)

1. Pursuant to regulations 18(2) and 18 (3) of the Berryfruit Marketing Licensing Regulations 1983, having regard to the recommendations of the Berryfruit Marketing Licensing Authority, I hereby fix:
   (a) rates of 6 cents per kilogram (excluding GST) for boysenberries and of 1 1/2 cents per kilogram (excluding GST) for blackcurrants at which the berryfruit levy is to be paid in the year ending on 30th September 1987;
   (b) the manner of payment and collection of such levy shall be by deduction by exporters, processors, co-operatives or dealers from payments at the point of first sale of all boysenberries or blackcurrants purchased for export or processing, and paid to the New Zealand Berryfruit Growers’ Federation as agent of the Berryfruit Marketing Licensing Authority.

It is the intention of the Berryfruit Marketing Licensing Authority to spend the money yielded from the levy in part on the administration of the Authority (1 cent per kilogram), with the balance to be used in the administration of the Boysenberry Product Group and the Blackcurrant Product Group and in the promotion and development of the boysenberry and blackcurrant industries.

2. Pursuant to section 4 of the Berryfruit Levy Act 1967, having regard to the recommendations of the New Zealand Berryfruit Growers’ Federation (Inc.), I hereby fix the rates of annual levy to be paid by berryfruit growers in respect of their gardens, to the Federation:

3. Pursuant to section 7 of the Berryfruit Levy Act 1967, having regard to the recommendation of the New Zealand Berryfruit Growers’ Federation (Inc.), I hereby fix:
   (a) a special levy of 20 cents per kilogram (excluding GST) for blueberries sold for fresh export;
   (b) the purpose for which the money yielded from the levy may be spent which shall be for market research and development of blueberry markets and including the administration costs of such market research and development;
   (c) the manner of payment and collection of such levy which shall be by deduction by exporters from payments at the point of first sale of all blueberries purchased for fresh export, and paid to the New Zealand Berryfruit Growers’ Federation.

Dated at Wellington this 23rd day of September 1986.

COLIN MOYLE, Minister of Agriculture.

Price Determination (Shop-Dairy Margins—Milk and Cream)

The Commerce Commission does hereby make the following price determination in accordance with the provisions of section 70 of the Commerce Act 1986 and section 25 (3) of the Milk Act 1967 (as amended by section 6 of the Milk Amendment Act 1980).

1. Revocations—(1) Price Order No. 319 of 27 August 1985 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 determination.

2. In this determination, unless the context otherwise requires:
   “The Act”, means the Milk Act 1967;
   “Cream”, has the same meaning as in the Food and Drug Regulations 1973;
   “Milk”, means milk within the meaning of the Act; but does not include cream or goat’s milk;
   “Shop-dairy occupier”, means a person who is the occupier of a shop in which he sells milk and/or cream in the form in which it was sold to him, for human use or consumption off the premises of that shop;
   “Retail sale”, in relation to any milk or cream, means the sale of that milk or cream by a shop-dairy occupier;
   “Standard rates”, means the standard rates of margins payable in respect of the retail sale of milk and cream specified in the Schedule hereto.

3. This notice applies to all milk and cream sold by way of retail sale for human consumption.

4. The standard rates specified in the Schedule hereto are hereby fixed with effect from and including the 1st day of October 1986.

5. No additional charge shall be made for the exchange or other handling of bottles provided for the sale of milk, or for any other service supplied in respect of such bottles or their contents.

SCHEDULE

Standard rates of margins payable in respect of the retail sale of milk and cream

Dated at Wellington this 25th day of September 1986.

R. N. WILKINSON, Executive Officer, Commerce Division.

Milk Price Notice 1986 (No. 3889)

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 Milk Price Notice 1986.
   (2) This notice shall come into force on the 1st day of October 1986.

2. Interpretation—(1) In this notice, unless the context otherwise requires—
   “The Act” means the Milk Act 1967;
   “Commercial-user sale”, in relation to any milk, means any sale of that milk (other than a shop-dairy sale) to any person for resale, for human consumption on premises occupied by him (whether in the form in which it was sold to him or not, and whether separately or in combination with any other substance);
   “Consumer sale”, in relation to any milk, means any sale of that milk for human consumption (other than a shop-dairy sale) for purposes other than resale;
   “Milk” means milk within the meaning of the Act; but does not include cream or goat’s milk;
   “Shop-dairy occupier” means a person who is the occupier of a shop from which he sells milk in the form in which it was sold to him, for human use or consumption off the premises of that shop;
   “Shop-dairy sale” in relation to any milk, means the sale of that milk to a shop-dairy occupier;
   “Vendor” means a milk vendor within the meaning of the Act.

(2) All prices referred to in the notice are inclusive of Goods and Services Tax levied under the Goods and Services Tax Act 1985.

3. Price for which milk may be sold to consumers and commercial users—Subject to section 25 (5) of the Act and to clause 6 of this notice, the price at which any quantity of milk may be supplied in any one day (irrespective of the number of deliveries and sales) may be sold—
   (a) In a consumer sale; or
   (b) In a commercial-user sale;
   shall be the price calculated at the rate specified in the second column of the First Schedule to this notice opposite the reference to that quantity in the first column of that Schedule.

4. Price at which milk may be sold to shop-dairy occupier and vendor—Subject to section 25 (5) of the Act and clause 6 of this notice the price at which any quantity of milk supplied for human consumption on any one day (irrespective of the number of sales and deliveries) may be sold—
   (a) In a shop-dairy sale; or
   (b) To a vendor;
   shall be the price specified in the Second Schedule to this notice.

5. Delivery—It shall be a condition of:
   (a) Every shop-dairy sale; and
   (b) Every consumer sale and every commercial-user sale in either case by a person who is not a shop-dairy occupier;
   that the price fixed under clause 3 and clause 4 of this notice and pursuant to section 25 (5) of the Act shall include the cost of the delivery of the milk concerned to the premises of the purchaser.

6. Rounding off—Where the price (calculated in accordance with clause 3 or clause 4 of this notice or pursuant to authority under section 25 (5) of the Act) for any quantity of milk is not an exact number of cents, it shall be increased to the nearest whole cent.