CHARGES FAIL

New Zealand Herald, Volume 81, Issue 25030, 21 October 1944, Page 9

CHARGES FAIL

' ppICE REGULATIONS^

aTHER counts adjourned out of 29 charges of „w of the price regulations prej against New Zealand Distribu- ** ltd (Mr North and Mr Wintor! \ we ' re dealt with before Mr F. H. jtone/' gjj yesterday. The first 14 l hlms were' brought under the Con--lof P rict ' s Emergency Regulations, an d were of selling corn caps, silk t rial seine fishing twine, germicidal v"-!fprtant, bandages and combs above K approved prices. The defendant t pleaded not guilt to all charges. L Cleal prosecuted u Tleal said the defendant company a private concern, with 10,000 Sly-paid shares, 8000 of which were , il hv the managing director, Arthur » e • Phillips. From time to time Kip."" >° I V- Pr|ce A,,nal for approval of certain mT rlb " i nr ; ces but it was alleged that S mpany sold in excess of the prices ,nved Under the regulations, the «PP r " 1 'for a price would operate as if •jffera an order fixing the price for the commodity. price Before September, 1939

TW Control of Prices Emergency Peculations contained a proviso that it U be a good defence if the defend*°l nroved that the prices or charges 8 L!- C rl bv the tribunal did not exceed JE that could lawfully he charged for i 'enrae goods or services in accord- * !„ with the Price Stabilisation EmerSSr Regulations. 1939. Mr Cleal conS The latter, regulations perSited the lowest price for winch a B !« was prepared to sell before fteV 1, 1939, to bo charged for a ??sd£'ffas that the company S tcr sell corn caps at 9s 6d a 5i on the basis of a landed cost of fod A price of 7s 6d was approved, ft "there was no complaint from the mnanr Later, on a landed cost of 4s fiJ the' approved price was increased J ld i Si It was then found that the Loany'was selling the caps for 9s 6d andl later Ws 6d a dozen. Successful Defence Fvidence was submitted by Mr North JM the company had charged 9s 6d J" the corn caps before September, m It was stated that a part-time instine clerk employed by the company W made a mistake in asking for an approved price for corn caps when apply- [' f or prices for other commodities. The draughtsman in making the regulations had obviously been aware of the possibility of an application being made "stsfnley James Aston, a Price Tribunal investigating officer, stated in evidence tint his search had revealed that the £pany had charged 9s 6d a dozen before the regulations were made. Jlr Cleal then agreed that there was no'case to answer in respect of the first Jour charges. Comment by Magistrate A similar defence was successful in three charges of selling twine in excess of the approved price of 3s 9d per lb. There were two charges of selling the twine at 4s 9d and one of selling at #4d. '"'" , .. , , -j "Ido not fee! particularly convinced about this, but the only conclusion I can draw is that the charges should be dismissed." said the magistrate. The Price Tribunal should insist that the September,' 1939. price be included on the form of application for an approved price. No authorised price ilouldbe granted until that information was given. After two charges regarding the sale of art silk had been dismissed on the isme grounds, the magistrate suggested that counsel confer on the remainder of tie first 14 charges. Five Charges Withdrawn After an adjournment, the remaining live charges were withdrawn. the rest of the 29 charges were adjourned sine die. They include four charges - of profiteering two of selling goods for purposes of wholesale, two of issuing documents stating, without permission, that prices were approved hy the tribunal, one of fixing a price expressed to be subject to adjustment, two of selling prohibited goods without an approved price, and four charges of wiling corn caps in excess of the September. 1939, prices. Mr Cleal stated that the last four charges were alternatives to the first four charges which had been dismissed. ILLEGAL SALE OF MEAT COURT FINtS FARMER £3O Two prosecutions brought under the Wnonuiii regulations vver« preterred against a runner. Nelson Arthur Cary Creed (Mr King), belore Mr J. H. LuMord, S.M., yesterday. Defendant pleaded not guilty to a charge ot trading without a licence, but admitted a charge ot tailing to take coupons lor »rationed commodity. Sergeant Bennett, who prosecuted, laid that an inspector called at defendant's farm on August 19 and found two and a-half sides of freshly-killed lamb. People had been seen leaving the premises with parcels. The inspector interviewed defendant, who admitted he had been killing three sheep a week. Inspector E. J. Bourdot, of the Food Control Department, gave evidence that >t the end of June defendant had about 200 sheep. At the end of August he had only 30 Seventy had been legally •old

Counsel submitted legal argument on the definition of a trader under the regulations. Statins; that it was a serious matter, the magistrate convicted defendant on ei jch charge, and imposed a fine of *3O on the first, count, with costs.