Apple Sales Charges Dismissed

Press, Volume CIV, Issue 30901, 6 November 1965, Page 3

Apple Sales Charges Dismissed

(N.Z. Press Association) AUCKLAND, Nov. 5. The Apple and Pear Marketing Regulations (1949) had been designed to create a monopoly for the Apple and Pear Board, Mr C. G. Pottinger told the Magistrate’s Court today when prosecuting a New Lynn fruit grower, A. A. Sunde, Ltd., and fruit retailer, Foodtown Supermarkets, Ltd., which faced charges under the regulations.

The grower, represented by Mr S. C. Ensor, pleaded not

guilty to attempting to sell Granny Smith apples to a purchaser other than the board. The retailer, represented by Mr J. B. Sinclair, denied aiding and abetting. After hearing prosecution evidence and submissions from counsel, Mr E. F. Rothwell, SJff., dismissed the charge against Sunde, Ltd., on the grounds of insufficient proof. Mr Pottinger offered no evidence on the abetting charge and this also was dismissed.

The regulations forbid growers to sell apples or pears to any purchaser but the board—unless the sale is made direct to consumers.

Mr Pottinger said newspaper advertisements had invited customers to call at a Foodtown supermarket to arrange purchase of cases of apples. The supermarket

would provide envelopes addressed to Sunde, Dtd., and customers would be told to post these, with their cheque, to receive the apples. The attempted sale charge was laid before the board knew of an actual sale by this method, but he did not wish to amend the charge. Mr Pottinger submitted that, though deliveries were made direct to consumers, the actual sale was not direct, as the supermarkets had acted as agents. Mr Ensor said that there was no evidence to show that Sunde, Ltd., had had anything to do with the insertion of the advertisement

The Magistrate: It is perhaps unfortunate for the board, but the point it desires to be resolved will not be decided here as I do not arrive as far as that point. "Mr Pottinger invites me to

deduce that the advertisement was placed at the instigation of the grower. "This is a quasi-criminal matter and the normal rules of proof apply. The whole substance of the dispute will have to be decided at a later hearing.”