There is hereby established for the purposes of this Act a Bureau of Industry, which shall consist of—

The ordinary members of the Bureau shall be persons employed in the service of the Government of New Zealand (being persons who, in the opinion of the Minister, are possessed of some special knowledge or qualifications that will be of advantage to the Bureau in the performance of its functions).

The special members of the Bureau shall be appointed as follows:—

The special members appointed in accordance with the last preceding subsection shall, if a suitable recommendation is duly made, be appointed on the recommendation of any organization that is recognized by the Minister as representing the interests of persons or of any class of persons engaged in the industry or industries concerned with the appointment.

All appointments to the Bureau shall be made by the Minister, and the members of the Bureau shall hold office during his pleasure:

Provided that a special member appointed on the recommendation of any organization as aforesaid shall cease to hold office within one month after notice given to the Minister by such organization of the withdrawal of its recommendation.

The Minister shall from time to time appoint one of the ordinary members of the Bureau to be the Chairman of the Bureau, and another such member to be the Deputy Chairman. In the absence of the Chairman from any meeting of the Bureau the Deputy Chairman shall act as the Chairman.

At any meeting of the Bureau the Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

At any meeting of the Bureau four ordinary members (of whom the Chairman or the Deputy Chairman shall be one) shall form a quorum.

Any special member of the Bureau shall be entitled to attend any meeting of the Bureau at which any matter is dealt with that particularly affects the industry or any industry of the class or group which he has been appointed to represent, and in respect of any such matter he shall have the same rights of voting and discussion as an ordinary member, but shall not be entitled to attend any other meeting of the Bureau, or, if present at any such meeting, shall not be entitled to vote on any matter not directly affecting any such industry.

The decision of the Chairman as to the right of any special member, in accordance with the last preceding subsection, to attend any meeting of the Bureau or to vote on any question shall be final.

An officer of the Department of Industries and Commerce shall be appointed as the Secretary of the Bureau.

The principal function of the Bureau shall be to make recommendations to the Minister, after due inquiry and investigation, in respect of matters arising in the course of the administration of this Act, and, in particular, in respect of any of the following matters, namely:—

In addition to its functions as an advisory body, as enumerated in the last preceding subsection, the Bureau shall have the following further functions:—

For the purpose of enabling it to carry out its duties and functions the Bureau shall have all the powers of a Commission under the Commissions of Inquiry Act, 1908, and all the provisions of that Act shall apply thereto accordingly.

The Minister may at any time direct the Bureau to prepare an industrial plan for the organization of any industry or related industries.

The Bureau shall thereupon proceed to prepare a provisional plan, and for that purpose may require any person or persons to furnish written or oral statements, on oath or otherwise, as to the subject-matter of the plan, or as to the necessity or desirability in the public interest of effect being given thereto or to any of the proposals contained therein, or as to the extent to which the proposals or any of the proposals contained in the provisional plan have the support of the persons engaged or interested in the industry or in any industry to which the plan relates.

On submission to him of a provisional plan by the Bureau the Minister shall give public notice, in the Gazette or in such other manner as he deems appropriate, of the material proposals contained in the plan, and shall give special notice thereof to all such persons or organizations as in his opinion will be directly affected thereby if and when the plan is brought into operation.

Any recommendations or objections that may be received to the provisional plan shall be referred to the Bureau for consideration, and the Bureau may thereupon modify or extend or alter the plan as it thinks fit, and shall submit the same to the Minister, with its recommendations.

For the purpose of bringing into effective operation any plan prepared as aforesaid and approved by the Minister, and of carrying out such plan, the Governor- General may from time to time, by Order in Council, make regulations in accordance with the provisions of Part IV of this Act. Any such regulations may be at any time in like manner amended or revoked.

Notwithstanding anything in the foregoing provisions of this section, no regulations in relation to any plan shall be brought into force unless the Governor- General in Council is satisfied that the material proposals contained in the plan or in the regulations have been submitted to and have been approved by a majority of the persons engaged as principals in the industry to which the plan relates, or have been approved by persons employing a majority of the workers engaged in such industry, or unless the Governor-General (in respect of any amending or revoking regulations, and notwithstanding that the approval of any such persons as aforesaid has not been obtained), is of opinion that such amending or revoking regulations are in the public interest:

Provided that the issue of any regulations under this section shall be conclusive proof that the requirements of this subsection have been complied with.

The Minister may from time to time, by notice given in such manner as in the circumstances he considers appropriate, require the appointment of an Industrial Committee in connection with any industry or group of industries or any section of any industry, to carry out or to assist in carrying out the provisions of any plan that has been approved by him in accordance with the provisions of the last preceding section, and may, in such notice, specify the method of appointment and the extent to which the interests of owners, employers, workers, and consumers of products or users of services are to be severally represented on the Committee.

In lieu of requiring the appointment of a Committee in accordance with the last preceding subsection, the Minister may recognize as an Industrial Committee for the purposes of this Act any existing committee or body of persons purporting to represent the several interests concerned with the organization or operations of any industry, with or without the appointment of further members.

The Minister may, if he thinks fit, appoint any person or persons to be an additional member or additional members of any Industrial Committee as aforesaid, and may himself appoint an Industrial Committee in any case where a Committee is not duly appointed on the request of the Minister, or in any other case where, in his opinion, the appointment of a special Committee is desirable.

Any member of an Industrial Committee may at any time resign by notice in writing addressed to the Chairman of the Committee, and, with the leave of the Minister but not otherwise, any member of the Committee may be removed from office by the appointing authority, and any person or persons may from time to time be added to the Committee.

The Minister may at any time dissolve an Industrial Committee if he is of opinion that it is not co-operating with the Bureau or is otherwise failing to carry out its functions under this Act, and in any such case may call for the appointment of another Industrial Committee or may himself appoint an Industrial Committee in accordance with the foregoing provisions of this section.

The names, occupations, and business addresses of the members of every Industrial Committee shall be published by the Minister in the Gazette.

The members of an Industrial Committee shall from time to time appoint one of their number as Chairman, to whom all official notifications by or on behalf of the Minister or the Bureau shall be sent. No person shall hold office as Chairman of a Committee except with the approval of the Minister.

While any industrial plan is in operation it shall be the duty of any Industrial Committee that is charged by regulations under this Act with any duties in respect of the carrying-out of the plan to furnish reports from time to time as required by the Minister on the operation of the plan, with such recommendations (if any) as it thinks fit to make for the modification or amendment of the plan.

In addition to their functions in relation to the carrying out of industrial plans, Industrial Committees shall have such other functions as may be conferred by regulations made under the authority of Part IV of this Act.

Regulations made under this Act may provide for the imposition and collection of levies for the purpose of providing funds to defray the expenditure incurred in the preparation of any plan or in the carrying-out of such plan (including the payment of compensation for loss of business or otherwise in any case where the payment of such compensation is deemed, for the effective carrying-out of this Act, to be necessary or desirable, and including also an appropriate part of the expenditure incurred in the general administration of this Act).

All levies payable as aforesaid shall be recoverable as a debt due to the Crown.

The Bureau may from time to time, and if so directed by the Minister in respect of any industry shall, compile and maintain registers in connection with any industry or industries for the time being carried on in New Zealand, or may arrange that any such register shall be compiled and maintained by any Department of State, and that the particulars recorded therein shall be at all times available to the Bureau.

For the purpose of compiling any such register the Minister, by notice in the Gazette or otherwise as in the circumstances he thinks sufficient, may specify the matters in respect of which particulars are required to be furnished, the forms in which such particulars shall be supplied, and the persons by whom they shall be supplied.

Every person who, being duly required to furnish any particulars required for registration in accordance with this section, refuses or wilfully fails to furnish any such particulars within the time limited in that behalf or who furnishes particulars that are false in any material respect, commits an offence and shall be liable on summary conviction to a fine of fifty pounds. The offence of failing to furnish particulars for registration as aforesaid shall be deemed to be an offence continuing from day to day so long as the failure continues.

The Minister may at any time by notice published in the Gazette declare that any industry specified in the notice shall, as from a date to be specified therein, be carried on only pursuant to a license issued under this Part of this Act, and in conformity with the terms and conditions of such license. For the purposes of this Part of this Act the term “industry” includes any branch of an industry or any industrial process forming an integral part of an industry, and any notice under this section may accordingly be limited in its application to any such branch or process.

Any such notice may specify different dates in respect of persons engaged in any such industry on the publication of the notice and in respect of persons who may thereafter commence to carry on business in such industry.

If any person carries on any industry or is engaged in carrying on any industry contrary to the provisions of any notice under this section, or contrary to the terms of any license issued under this Part of this Act, he shall be guilty of an offence, and shall be liable on summary conviction to a fine of one hundred pounds and to a further fine of ten pounds for every day on which such offence is committed or continues.

If any company commits an offence under the last preceding subsection, every director or other person acting in the management of the business of the company (not being a servant of the company) shall, in addition to any penalty to which the company may be liable, be liable to a fine of ten pounds for every day on which such offence is committed or continues.

Nothing in this Part of this Act shall apply with respect to any industry that can lawfully be carried on only in conformity with the terms of a license issued under any Act other than this Act if the Minister is satisfied that, before issuing such a license, the licensing authority is required to have regard to economic matters of substantially the same nature as would be considered on application for a license under this Part of this Act.

Every application for a license under this Part of this Act shall be made to the Bureau and, subject to the right of appeal hereinafter conferred, the Bureau shall be the controlling authority for the issue, suspension, revocation, and control of licenses.

In considering any application for a license under this Part of this Act the Bureau shall give to the applicant and to all other persons who in its opinion will, whether directly or indirectly, be materially affected by its decision, a sufficient opportunity to produce evidence or to make representations to the Bureau with respect to the subject-matter of the application.

In considering an application by any person for the grant of a license in respect of an industry that is not being carried on by him on the date of the application, the Bureau shall have regard to such of the following matters as in its opinion are relevant to the application, namely:—

In considering an application for the grant of a license in respect of an existing business, the Bureau shall have regard to such of the matters referred to in the last preceding section as it considers relevant, and to such other matters as in the circumstances of the case it thinks fit, having regard to the fact that the general and predominant purpose of this Act is to promote the economic welfare of New Zealand by ensuring the most efficient conduct of its industries.

On any application for the grant of a license under this Act in respect of any industry the Bureau, after due consideration of the several matters referred to in section sixteen or in section seventeen hereof, as the case may be, may in its discretion, but subject to the right of appeal conferred on the applicant by section twenty-one hereof, refuse to grant a license or may grant a license subject to such conditions as, having regard to the intent and purposes of this Act, it thinks fit to impose.

Any such conditions may at any time during the currency of the license be varied, added to, or revoked by the Bureau.

If in any case the Bureau refuses to grant a license it shall, in notifying its decision to the applicant, state the grounds of its decision.

Subject to the right of appeal hereinafter conferred, the Bureau, on giving to the licensee not less than six months’ notice of its intention so to do, may revoke any license granted under this Part of this Act in any of the cases following, namely:—

Every license granted under this Part of this Act, unless it is surrendered by the licensee, shall continue in force until it is revoked in accordance with the foregoing provisions of this section.

No license granted under this Part of this Act shall be transferred by the licensee except with the authority of the Bureau.

Application for leave to transfer a license may be made to the Bureau either by the licensee or by the proposed transferee.

Every person, being an applicant for a licence or for the transfer of a license under this Part of this Act or the holder of such a license, who is aggrieved by any decision of the Bureau in respect of his application or license, may, at any time within one month after the decision of the Bureau has been communicated to him, appeal in the prescribed form to the Minister.

Any other person who, in the opinion of the Minister, is materially affected by the decision of the Bureau may, with the leave of the Minister but not otherwise, appeal from such decision, but no leave to appeal shall be given under this subsection at any time later than three months from the date of the decision of the Bureau.

For the purposes of an appeal under this section the Minister may appoint any person to inquire into and report to him upon the subject-matter of the appeal or upon any matter in relation thereto, and for the purposes of the appeal the Minister, and every person appointed by him as aforesaid, shall have the powers of a Commission under the Commissions of Inquiry Act, 1908.

In determining any appeal under this section the Minister shall have regard to the general purposes of this Act, and, in particular, to the economic necessity of securing efficiency and co-ordination in industry. Subject to the foregoing provisions of this subsection, the Minister may, as he thinks fit, confirm, modify, or reverse the decision appealed against, and his decision shall be binding on the appellant and on the Bureau.

On any appeal under this section the Minister, if he is of opinion that the appeal is frivolous or vexatious, may order the appellant to pay the whole or any part of the costs of the appeal, and in any such case the costs so ordered to be paid shall be recoverable as a debt due to the Crown.

The Bureau, by direction of the Minister of Industries and Commerce acting on the request of the Minister of Finance or the Minister of Labour, as the case may be, shall consider and report, with such recommendations as it thinks fit to make, on applications for loans from the State Advances Corporation, in accordance with section twenty-nine of the State Advances Corporation Act, 1936, to be used for the development of any industry or the establishment of any new industry in New Zealand, or on applications for grants or loans from the Employment Promotion Fund for any of the purposes mentioned in section thirty-five or in section thirty-six of the Employment Promotion Act, 1936.

On the like request, made to the Minister of Industries and Commerce, the Bureau shall make general recommendations as to the utilization of any funds available for any of the purposes aforesaid, and shall, so far as practicable, co-operate with the State Advances Corporation and the Department of Labour in the allocation of such funds and in the supervision of their expenditure.

The Bureau may also, by direction of the Minister, make recommendations with respect to the expenditure of any other public moneys available for the furtherance of the objects and purposes of this Act, or for the appropriation of moneys for any such purposes.

For the purposes of this section the term “industry” includes any branch of an industry or any industrial process forming an integral part of an industry.

No person shall, without the authority of the Bureau, commence to carry on any industry to which this section applies unless he has given to the Bureau at least one month’s notice in writing of his intention so to do. Every person who commits a breach of this section in respect of any industry (whether or not a license under Part III of this Act is required for the carrying-on of such industry) shall be liable to the same penalties as if he had committed an offence against section fourteen of this Act.

This section applies only to industries to which it is from time to time applied by the Minister by notice published in the Gazette.

All information obtained by the Bureau, or by any member or officer thereof, or by any other person in the course of the administration of this Act, shall be treated as confidential, save for purposes connected with the administration of this Act.

Any information obtained by the Minister by means of any judicial inquiry or of any investigation under the Board of Trade Act, 1919, may be made available to the Bureau, by or by direction of the Minister, for the purposes of this Act.

Except as may be otherwise provided in regulations under this Act, all moneys received by the Crown in respect of this Act (whether as fees, fines, penalties, levies, or otherwise howsoever) shall be paid into the Public Account.

The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion are necessary or desirable for enforcing the provisions of any industrial plans or for effectively carrying out any such plan, or generally for the purpose of giving full effect to the intent and purposes of this Act.

Without limiting the general authority conferred by the last preceding subsection, regulations may be made as aforesaid for all or any of the following matters or purposes, namely:—

Any regulations under this section may be of general application, or may be made to meet the particular circumstances of any case.

No regulation made in accordance with this section shall be deemed invalid on the ground that it delegates to or confers on the Minister or on any other person any discretionary authority or because it deals with any matter provided for by any other Act or because of repugnancy to any such Act.

All regulations made under this section shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then in session, and, if not, then within fourteen days after the commencement of the next ensuing session.