LABOUR LAWS

Te Awamutu Courier, Volume 53, Issue 3843, 7 December 1936, Page 7

LABOUR LAWS

AS THEY AFFECT FARMERS. AGRICULTURE (EMERGENCY POWERS) ACT, 1934. The Dairy Factory Supply Regulations, 1936, which came into force on 25th September, confer on the Executive Commission of Agriculture all necessary powers to carry into effect as far as possible by voluntary negotiation with dairy-factory companies concerned certain recommendations contained in the report of the Dairy Industry Commission on its investigation into the dairy industry in 1934 and relating to cancellation of creamreceiving depots in certain circumstances, the elimination of competition for supplies of milk or cream, and the minimising of overlapping in the collection of supplies by the zoning of suppliers, by defining collection routes, by arranging for the amalgamation of companies, and by encouraging the making of boundary agreements between companies. If the Commission is satisfied after full investigation that any creamery or creameries established in any particular locality is or are adequate and suitable for the manufacture into butter of all the cream produced in that locality, the Commission may direct that from a specified date all such cream should be weighed, graded, and tested only at the creamery wherein the cream is to be so manufactured, and that the registration and license of all cream-receiving depots in the locality should be cancelled. Upon cancellation it shall not be lawful for any person to receive or accept at any such depot cream intended for manufacture into butter. The Commission is empowered to define and assign to the owner of any specified creamery any area or route from or along which cream produced in such area or along or adjacent to such route may be collected or received by such owner for the purpose of being manufactured into butter; to assign any such area or route or portion of such area or route to the owners of two or more creameries subject to such conditions as the Commission may consider reasonable; to fix a date upon which any such definition and assignment shall take effect and to give notice thereof to the owners of all manufacturing dairies thereby affected. After the date on which the definition and assignment of any area or route or portion thereof takes effect, it shall not be lawful for the owner of any creamery to whom notice of such definition has been given to collect or receive any cream produced in such area or portion thereof or along or adjacent to such route or portion thereof except with the written consent of the Commission and subject to such conditions as the Commission may impose. The Commission is similarly empowered to define and assign with the like consequences any area from which all whole milk produced therein may be delivered to and accepted by the owner of any specified manufacturing dairy for the purpose of being subjected to any process of manufacture other than treatment for sale for human consumption as liquid milk or cream, or to assign any such area or any portion thereof to the owners of two or more such manufacturing dairies subject to such conditions as the Commission may consider reasonable. When by reason of the exercise by the Commission of the power to define areas and routes a co-operative dairy company is not permitted to continue to receive milk or cream from any shareholder supplier, the company, at the request of the supplier, must, unless the Commission otherwise directs, resume all shares held by him to the number necessary to qualify for the milk or cream supplied during the last season of supply and pay the supplier the amount of capital paid up on such shares. Where moneys have been advanced to any supplier by the owner of any manufacturing dairy on terms of repayment with interest by way of deductions from moneys payable by the owner of the dairy for milk or cream supplied, and where as a result of any determination of the Commission the milk or cream from that supplier must be delivered to or collected by the owner of another manufacturing dairy, then the latter owner, if he does not contract with the former owner for an assignment of the right to receive payment of such advance and interest thereon, must make such deductions as may be agreed upon by the parties from moneys payable by the latter owner to such supplier and pay the amount of the deductions made to the former owner. If any dispute or difference shall arise as to the amount of the deductions to be made the matter shall be settled by

arbitration in the manner prescribed by the Arbitration Act, 1908. As a condition of exercising its powers the Commission may fix and award to the owner of any manufacturing dairy that the Commission considers will be prejudicialy affected by the exercise by it of such powers such sum by way of compensation as it thinks fit or as may be agreed upon, and may specify the owner or owners of the manufacturing dairy or dairies that the Commission considers will be benefited thereby by whom the amount so awarded shall be paid and the portion to be paid by each owner if there are more than one. The Commission may make such stipulations and conditions as to the time, method, and terms of payment as it may think reasonable, and the amount of compensation so awarded shall be recoverable as a debt. Nothing in the regulations affects the rights of any supplier to supply either whole milk or cream to any manufacturing dairy, but in the exercise of his option the supplier, shall not transfer his supply except in conformity with the provisions o f any Act or regulations governing the transfer, of supplies. The period of restriction on the transfer of supply imposed by the Dairy Suppliers Regulations, 1936, in cases where a purchase or merger of factory companies is effected, or where a boundary agreement respecting supplies is made between factory companies during any manufacturing season, has, however, been extended to the end of the manufacturing season following a period of three years from the date of such purchase, merger or agreement, or from the date of any order or determination of the Commission made under the regulations. In consequence, the Dairy Suppliers Regulations, 1936 are revoked. As incidental to the due exercise of the powers conferred by the regulations, the Commission is authorised on its own motion or on application made to it to revoke, modify, amend or vary any order, determination, notice, or other act made, given, or done by it pursuant to the regulations the Commission may associate with it in an advisory capacity one or more members of the New Zealand Dairy Board.

The Primary Products Marketing Act, 1936. The Dairy-produce Export Prices Order, 1936, made under section 20 of the above Act, carries into effect the several public announcements that have been made with regard to the prices to be paid for butter and cheese acquired by the Crown pursuant to Part II of the Act, being butter and cheese manufactured from milk or cream delivered to a dairy factory ,on or after Ist August and exported from the Dominion on or before 31st July 1937. In addition to the fixation of differential prices according to kind, grade and quality of the dairy product, the appropriate price payable for butter is varied to authorise payment of 3d per box less for butter packed in the Saranac box, the thickness of timber of which is less than iin., id per pound more for unsalted butter manufactured in quantities at the request of the Primary Products Marketing Department, and 8/32d. per pound more for unsalted butter so manufactured if wrapped in aluminium foil of the prescribed thickness and backed on both sides with genuine parchment paper of the prescribed weight. In the case of cheese, payment is authorised of an additional sum of 6d per crate for commercial standardcoloured cheese, Is 5d per crate for deep-coloured cheese manufac’ ured in quantities at the request of the Department, and 41 d per crate for waxed cheese where the quantity of wax used on each cheese does not exceed 4oz. The question whether any cheese has been so coloured or waxed as to earn the additional premium shall be determined by the Grader, whose decision shall be accepted by all parties as final. Authority is also given to make a deduction of an amount per box of butter or crate of cheese to cover the portion of the insurance premium payable on such produce prior to shipment pursuant to a contract of insurance over the produce whilst in the process of manufacture or in transit. The method of computing the weight of butter and cheese for the purposes of payment is set out in detail, and follows the established practice in the trade in past seasons as incorporated in f.o.b. contracts. The price to be paid for butter or cheese which with the approval or at the request of the Department is manufactured, prepared, or packed for export in special containers or in special quantities, or in increased by the additional cost incurred in such special manufacture, preparation, or packing as approved by the Department. The Stock Act, 1908. By the Stock (Johne’s Disease) Regulations, 1936, which came into

force on 11th September, an Inspector under the Stock Act is empowered, where he is satisfied or has reasonable grounds for suspecting that Johne’s disease exists among cattle on any land, to make arrangements with the owner for an inspection and examination of his cattle, such examination to include the application of the Johnin test. If any animal reacts to the test its destruction may be ordered, and if destroyed the owner will be entitled to compensation in terms of the Act. The regulations also make provision for regulating the shipment of dairy cattle from the North Island to the South Island. No dairy cattle shall be shipped to the (South Island except in pursuance of a permit granted by an Inspector after such cattle have been examined and tested by a Government veterinarian and found to be free from disease. Application for permission to ship any dairy cattle must be made in the first instance to the Inspector of Stock for the district in which the cattle are depastured, and if on examination any animal reacts to the Johnin or other test its destruction may be ordered, and, if destroyed, compensation for such destruction will be payable. If on examination the cattle are found to be free from disease a permit in the prescribed form authorising shipment will be issued.