Milk Act 1944
Milk Act 1944
Milk Act 1944
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Milk Act 1944
Public Act |
1944 No 30 |
|
Date of assent |
15 December 1944 |
|
Contents
An Act to provide for the Regulation and Control of the Supply and Distribution of Milk in Metropolitan and other Areas with a View to the Provision at a reasonable Price of an adequate Supply of Milk of the best Quality having regard to the Health of the Inhabitants of the Areas; and for that Purpose to set up a Central Milk Council and define its Functions and Powers, to authorize the setting-up of Metropolitan Milk Boards, and to define their Powers and the Powers of certain Local Authorities in relation to the Supply and Distribution of Milk.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Milk Act, 1944.
2 Interpretation.
(1)
In this Act, unless the context otherwise requires,—
“Board” or “Milk Board” means a Metropolitan Milk Board constituted under this Act:
“Borough Council” means the Council of a borough, and, where the context so requires, includes the corporation of a borough:
“Constituent district”, in relation to any milk district, means—
(a)
Any borough or county or town district or part of a borough or county or town district situated within the milk district:
(b)
Any road district or part of a road district which is in a county in which the Counties Act, 1920, is suspended or is not in force and which is situated within the milk district:
“Council” or “Central Milk Council” means the Central Milk Council constituted under Part VIII of this Act:
“Dairy” or “dairy premises” means any land or premises used for or in connection with the stalling, grazing, feeding, or milking of cows for the purpose of producing milk for sale:
“Director” means the Director of the Milk Marketing Division:
“District” or “milk district” means a milk district constituted under this Act:
“Gallon”, in relation to milk, means a quantity of milk weighing ten and one-third pounds avoirdupois:
Local authority” means the Council of a borough or a county or the Board of a town district or road district:
“Milk” includes cream but does not include dried milk, condensed milk, or condensed cream:
“Milk Authority”, in relation to any milk district, means the Metropolitan Milk Board or, as the case may be, the Borough Council prescribed by Order in Council under this Act as the Milk Authority for the district:
“Milk Marketing Division” means the Milk Marketing Division of the Marketing Department:
“Milk producer” means the occupier of any dairy:
“Milk round” means the business of supplying customers with milk for consumption or use by daily or other deliveries at their homes or premises:
“Milk store” means any building, shed, or place at or upon which milk is treated, separated, deposited, stored, or sold, and includes any building or place in or at which the drink commonly known as a milk shake or any other drink of which milk is the principal or a necessary ingredient is sold for consumption on the premises:
“Milk vendor” means any person who is the occupier of a milk store or who sells milk or who himself or by his servant or agent receives or accepts milk to be forwarded or supplied to any place, but does not include a person who receives or undertakes the delivery of milk solely as a carrier:
“Roundsman” means any person who sells or delivers milk from door to door:
“Sale” or “sell” includes barter or supply for profit, and also includes offering or attempting to sell or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale:
“Supply Association” means an association of milk producers or a committee of supply for the time being approved under Part VII of this Act as the Supply Association for a milk district:
“Treatment” includes the examination, cleansing, pasteurization, modification, testing, grading, cooling, refrigerating, bottling, or packing of milk, or otherwise preparing milk for sale or consumption; and “treat”
has a corresponding meaning.
(2)
When under this Act anything is required to be “published”
, or “publicly notified”
, or “public notice”
of anything is required to be given, it is meant that a notice thereof shall be published in some newspaper circulating in the district. A notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document.
Part I Milk Districts
3 Constitution of milk districts.
(1)
The Governor-General may by Order in Council constitute and declare any part or parts of New Zealand a milk district under this Act, with such name and from such date as may be specified in the Order.
(2)
Any port or harbour may be included in a milk district and in that case any ship or vessel while in that port or harbour shall be deemed to be included in the milk district.
4 Union of districts.
(1)
The Governor-General may by Order in Council declare any two or more milk districts to be united, and to form one district, with such name as he thinks fit.
(2)
Every such united district shall be deemed to be a milk district constituted under this Act, and the provisions of this Act shall apply thereto accordingly.
(3)
By the same or any other Order in Council the Governor-General may make provision with respect to all or any of the following matters:—
(a)
The membership of the Milk Authority pending the first election of members of the Milk Authority of the united district:
(b)
The dissolution of the Milk Authorities of the original milk districts:
(c)
The vesting of property, real and personal, belonging to the Milk Authorities of the original districts in the Milk Authority of the united district:
(d)
The payment to the Milk Authority of the united district of moneys payable to the Milk Authorities of the original districts:
(e)
The making of liabilities and engagements of the Milk Authorities of the original districts the liabilities and engagements of the Milk Authority of the united district:
(f)
The prosecution by or against the Milk Authority of the united district of proceedings pending by or against the Milk Authorities of any of the original districts.
5 Alteration or abolition of districts.
(1)
The Governor-General may from time to time by Order in Council alter and redefine the boundaries of any district by the inclusion therein or the exclusion therefrom of any area.
(2)
The Governor-General may in the like manner abolish any district.
6 Financial arrangements on alteration or abolition of districts.
(1)
Where the boundaries of any district are altered, whether by the inclusion of any area therein or the exclusion of any area therefrom, the local authorities and Milk Authorities concerned may by agreement make such an adjustment of property, debts, liabilities, and engagements between the district and any boroughs, counties, road districts, town districts, and other milk districts affected as they think fit, and, in default of any such agreement, the Controller and Auditor-General, or such other person as the Governor-General may appoint for the purpose, shall hold an inquiry and make an award for such an adjustment as aforesaid.
(2)
Where a milk district is abolished, the Controller and Auditor-General, or such other person as the Governor-General may appoint for the purpose, shall hold an inquiry and make an award apportioning the property of the Milk Authority, and the debts, liabilities, and engagements thereof, amongst the boroughs, counties, road districts, and town districts situated within, or partly within and partly outside, the milk district so abolished.
(3)
Any award under this section may provide for all or any of the matters included in the subject for inquiry, and may declare in whom any property shall be vested and by whom any moneys shall be paid or other acts and things done, including the payment by any party of the whole or any part of the expenses of the inquiry; and the person making the award may make and give such directions as may be necessary for giving full effect to the objects of the inquiry.
(4)
Every such award shall be final, and to such extent as may be necessary for its operation and enforcement shall be deemed to be a judgment of the Supreme Court.
(5)
Where pursuant to any award under this section any sum is payable by any local authority, the local authority may raise that sum or any part thereof by way of special loan under the Local Bodies’ Loans Act, 1926, without taking the steps described in sections nine to thirteen of that Act, and may secure the repayment of the loan by a special rate over the area included in or excluded from the milk district as aforesaid, or formerly within the milk district abolished as aforesaid, as the case may be.
Ibid., Vol. I, p. 346
(6)
Neither the Controller and Auditor-General nor any other person appointed under the foregoing provisions of this section to hold an inquiry and make an award shall be deemed to be an arbitrator within the meaning of the Arbitration Act, 1908, and nothing in that Act shall apply to any such an inquiry or award.
7 Creditors not affected by union, alteration, or abolition of districts.
No action taken under this Part of this Act shall in any way affect the rights or interests of any debenture-holder or other creditor of the Milk Authority, or shall affect any special rate, and every such rate shall continue to be charged upon the whole of the area upon which it was charged before the action was taken and it shall not by reason thereof become a charge on any additional area.
Part II Milk Authorities of Milk Districts
8 Milk Authority for each milk district.
(1)
For every milk district there shall be a Milk Authority.
(2)
The Milk Authority may be a Borough Council or a Metropolitan Milk Board as may be prescribed by the Governor-General by Order in Council.
(3)
The Governor-General may by Order in Council change the Milk Authority of any district.
(4)
By any Order in Council under the last preceding subsection, or by any subsequent Order in Council, the Governor-General may make provision with respect to—
(a)
The vesting of property, real or personal, of the original Milk Authority in the new Milk Authority:
(b)
The payment to the new Milk Authority of moneys payable to the original Milk Authority:
(c)
The making of liabilities and engagements of the original Milk Authority the liabilities and engagements of the new Milk Authority:
(d)
The prosecution by or against the new Milk Authority of proceedings pending by or against the original Milk Authority.
9 Milk Committee where Borough Council is Milk Authority.
(1)
In any case where the Milk Authority is a Borough Council, the Council shall from time to time appoint a standing committee to be known as the Milk Committee and shall delegate to the Committee the powers and duties conferred or imposed on the Council under this Act, except the power to borrow money, to make a by-law, to enter into a contract, or to institute an action.
(2)
In any case where a milk district of which a Borough Council is the Milk Authority includes any area outside the borough, the Governor-General may from time to time by Order in Council require that the Borough Council appoint to the Milk Committee such number of persons, nominated by such local authorities, as may be prescribed by the Order in Council.
10 Special provisions where Borough Council is Milk Authority.
In every case where the Milk Authority of a milk district is a Borough Council the following provisions shall apply:—
1933, No. 30
(a)
The operations of the Borough Council under this Act shall be deemed to be a trading undertaking within the meaning of Part XI of the Municipal Corporations Act, 1933 (relating to accounts):
(b)
Within two months after the end of each financial year the Borough Council shall submit to the Director a copy of the Profit and Loss Account relating to the undertaking for that year together with a statement of the assets and liabilities of the Borough Council with respect to the undertaking at the end of that year and a report as to the operations of the Borough Council under this Act during the year.
11 Representatives of Government Departments may attend meetings of Milk Authorities.
(1)
The Minister of Health may from time to time in respect of each milk district appoint a Medical Officer of Health or some other person, whether an officer in the service of the Crown or not, as his representative for the purposes of this section.
(2)
The Minister of Agriculture may from time to time in respect of each milk district appoint some person, whether an officer in the service of the Crown or not, as his representative for the purposes of this section.
(3)
Notice of each appointment shall be given to the Milk Authority of the district.
(4)
The representatives appointed for the purposes of this section shall be entitled to attend every meeting of the Milk Authority if it is a Metropolitan Milk Board, and every meeting of the Milk Committee of the Borough Council where a Borough Council is the Milk Authority.
(5)
The representatives appointed for the purposes of this section shall be entitled to take part in the discussion of any matter before any such meeting as aforesaid, but they shall not be entitled to vote thereon.
(6)
The Milk Authority shall give not less than forty-eight hours’ notice to the representatives of every meeting which they are entitled to attend as aforesaid, and of the business to be transacted thereat.
Part III Metropolitan Milk Boards
Metropolitan Milk Boards
12 Metropolitan Milk Boards.
(1)
In every case in which the Milk Authority is a Metropolitan Milk Board, the Board shall be a body corporate, having perpetual succession and a common seal, with power to purchase, take, hold, and transfer property, real and personal, to sue and be sued in any Court, and to do and suffer all other acts and things which a body corporate may lawfully do and suffer.
(2)
Each Board shall be known by such name as may be assigned thereto by the Governor-General by Order in Council.
Ibid., Vol. VII, pp. 56,271, 622 1934, No. 17
(3)
Each Board shall be a local authority for the purposes and within the meaning of the Local Bodies’ Finance Act, 1921–22, the Local Bodies’ Loans Act, 1926, the Local Government Loans Board Act, 1926, Part XIV of the Public Revenues Act, 1926, the Land and Income Tax Act, 1923, the Public Works Act, 1928, and the Local Authorities (Members’ Contracts) Act, 1934.
13 Constitution of Milk Boards.
(1)
Subject to the provisions of section twenty hereof, each Board shall consist of representatives of the constituent districts within the milk district.
(2)
The number of representatives of each constituent district shall be such as is determined from time to time in each case by the Governor-General by Order in Council, having regard, in such manner as he thinks fit, to the relative populations of those districts and to all other relevant considerations.
(3)
The total number of the elective members of any Milk Board shall in no case be more than seven.
14 Combined districts.
(1)
In any case in which by reason of the number of constituent districts in any milk district, or by reason of the smallness of the population of any such constituent district, it is, in the opinion of the Governor-General in Council, impracticable or inexpedient to give full effect to the intent of the last preceding section, the Governor-General may by Order in Council combine into one or more combined districts any number of the constituent districts (whether of the same or of different kinds) in the milk district for the purpose of the election of representatives on the Milk Board of the milk district.
(2)
In any such ease the Governor-General shall, by the same or by any other Order in Council, from time to time prescribe the number of members to be elected in common as the representative or representatives of any such combined district, having regard, in such manner as he thinks fit, to the relative populations in the combined district and in every other combined district or separate constituent district within the milk district, and to all other relevant considerations.
15 Alteration of constituent districts not to affect constitution of Milk Board.
(1)
The creation, abolition, merger, union, division, or other alteration of any constituent district within a milk district shall not of itself have any operation so as to affect the then existing membership of the Milk Board of that district.
(2)
The Governor-General may from time to time, whenever in his opinion it becomes necessary or expedient so to do by reason of the creation, abolition, merger, union, division, or other alteration of any constituent district, or by reason of any other circumstances, revoke or amend any provisions made by him with respect to the representation of the constituent districts in a milk district or with respect to the creation or representation of any combined district in a milk district; and may by Order in Council make, with respect to any of those matters, any other provisions which he thinks fit and which are not inconsistent with this Act.
(3)
If by any such Order in Council representation is given to any constituent district or combined district which is not already represented on the Board, or increased representation is given to any constituent district or combined district which is already represented on the Board, the Governor-General shall, by the same or any other Order in Council, fix the date of the first election of the representatives or additional representatives, as the case may be, of that district and make all other provisions which are deemed necessary for that election.
(4)
If by any Order in Council under this section representation on a Board is taken away from any constituent district or combined district, the representatives of that district shall retire from office on the day appointed in that behalf by the Order in Council.
(5)
If by any Order in Council under this section a reduction is made in the number of representatives to which any constituent district or combined district is entitled, a sufficient number of those representatives shall retire from office on the day appointed in that behalf by the Order in Council so that the representation of that district may conform to the Order in Council. The representatives so to retire from office shall, in default of agreement among all the representatives of the constituent district or combined district, be determined by lot in such manner as the Board directs.
Election and Appointment of Members
16 Election of members of Milk Board.
(1)
The representatives on a Milk Board of a constituent district (not included in a combined district) shall be elected by the local authority of the constituent district.
(2)
The representatives on a Milk Board of a combined district shall be elected by the local authorities of the constituent districts included in the combined district.
(3)
Every election of members of a Milk Board shall be held in such manner as may be prescribed by regulations made under this Act, either generally or in respect of any specified milk district or specified constituent or combined district within a milk district.
(4)
Such regulations may—
(a)
Fix or provide for the fixing of the dates for elections to be held after the first election:
(b)
Provide for the voting power of local authorities in cases of combined districts to be determined by reference to the population of the district of the local authority or in some other special manner:
(c)
Provide for all matters preliminary to, and subsequent to, elections and generally as to the conduct of elections.
(5)
Notwithstanding anything to the contrary in any regulations made for the purposes of this section, if the day appointed under those regulations for the holding of the second election of the representatives of any constituent district or combined district, as the case may be, would fall within the period of twelve months immediately succeeding the first election, an election shall not then be held, and the member or members then in office as the representative or representatives of that constituent district or combined district, as the case may be, shall be deemed to have been duly re-elected, and shall continue in office accordingly.
17 Date of first election of Board.
The first election of the representatives of any constituent district or combined district shall be held on such day as the Governor-General by Order in Council appoints, and by the same or any subsequent Order in Council the Governor-General may make all such provisions as are deemed necessary for the purposes of that election.
18 In default of election Governor-General may appoint members.
If any constituent district or combined district fails, at the first or any subsequent election, to elect the required number of representatives, the Governor-General may appoint such qualified persons as he thinks fit to be the representatives of that district instead of those who ought to have been elected; and the persons so appointed shall hold office in all respects as if they had been duly elected in conformity with this Act.
19 Date of coming into office of members.
Every member of a Board shall come into office on the day next following the date of his election or appointment and every elective member of a Board shall, unless his office sooner becomes vacant, hold office until his successor comes into office in accordance with this Act.
20 Appointment of additional members in certain cases.
(1)
In any case where a Board desires that one person or two persons not qualified for election to the Board be appointed as additional members of the Board, the Governor-General may appoint that person or those persons to be a member or members of the Board.
(2)
Any person appointed a member of a Board under this section shall, unless his office becomes vacant under section twenty-two hereof, hold office until such date as may be fixed by the Governor-General, but shall be eligible for reappointment.
Disqualification and Vacancies
21 Qualification of members.
(1)
No person other than a member of the local authority of any constituent district within a milk district shall be qualified for election as a member of the Board for that milk district.
(2)
No person shall be qualified for election or appointment as a member of any Board if he has a pecuniary interest in the production, treatment, distribution, or sale of milk for human consumption in the district of the Board apart from any interest in common with the public or as a member of an incorporated company in which there are more than twenty members, to which he does not supply milk, and of which he is neither a director nor the general manager.
22 Vacation of office by members.
(1)
The office of a member of a Board shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy, if the member—
(a)
Dies; or
(b)
Resigns his office by writing under his hand delivered to the Secretary or Chairman of the Board, or is ousted of office; or
(c)
Is absent without leave from four consecutive meetings of the Board; or
(d)
Being an elective member, ceases to be a member of the local authority of any constituent district; or
(e)
Acquires a pecuniary interest in the production, treatment, distribution, or sale of milk which would disqualify him for election or appointment; or
(f)
Is convicted of an offence against section twenty-nine hereof.
(2)
If any person does any act as a member after his office has become vacant under this section he shall be liable to a fine not exceeding fifty pounds.
23 Filling of extraordinary vacancies.
In the event of an extraordinary vacancy in the office of any elective member of a Board occurring within six months before the month in which the next election of members of the Board is to take place, the vacancy may be filled by the Board, and in any other case an election shall be held by the local authority or local authorities who elected the member whose seat has been vacated.
Ouster of Office
24 Ouster of office.
(1)
Upon proof in the first instance by affidavit or otherwise that any member of the Board is or has become incapable under this Act or any other Act of holding his office, any Magistrate’s Court in the district, or, if there is no such Court, then the Magistrate’s Court nearest to the public office of the Board, may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.
(2)
If on the return of the summons it appears to the Court, on affidavit or oral evidence on oath, that the person is incapable under this Act or under any other Act of holding the said office, the Court may adjudge him to be ousted of the same, and he shall be ousted of such office accordingly.
(3)
In any proceedings under this section the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases; and the procedure of the Court shall, so far as applicable, apply generally to proceedings under this section.
(4)
No matter in relation to a disputed election shall be heard by the Magistrate’s Court under this section.
(5)
No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.
The Chairman
25 Chairman to be elected by Board.
(1)
Every Board shall at its first meeting after the constitution of the district, and thereafter at its annual meeting, elect one of its members to be Chairman of the Board.
(2)
At every meeting for the election of a Chairman the Secretary shall preside, and in the case of an equality of votes shall determine the election by lot in such manner as the Board directs.
(3)
The Chairman shall come into office on his election, and shall hold office until the election of his successor.
(4)
The Chairman may resign his office by writing under his hand delivered to the Secretary; and in such case, or in the case of his ceasing from any cause to be a member of the Board, his office shall become vacant, and the Secretary shall forthwith convene a meeting of the Board for the election of another Chairman.
26 Remuneration of Chairman.
The Chairman may be paid out of the funds of the Board an annual allowance at such rate, not exceeding two hundred and fifty pounds a year in any case, as may from time to time be fixed by the Board.
Proceedings
27 Majority of Board to determine questions before it.
(1)
All acts of any Board, and all questions coming or arising before any Board, may be done and decided by the majority of such members of the Board as are present and vote at a meeting held in pursuance of this Act.
(2)
No business shall be transacted at any meeting of the Board unless at least a quorum of members is present thereat during the whole time while the business is transacted.
(3)
A quorum of the Board shall consist of half the total number of the members of the Board (irrespective of any casual vacancies) when the number is even, or a majority of such members when the number is odd.
(4)
The Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
(5)
Every question coming before the Board shall be decided by open voting.
28 Chairman to preside at meetings.
(1)
The Chairman shall preside at every meeting of the Board at which he is present.
(2)
If the Chairman is absent from any meeting of the Board, then such member as the members of the Board then present choose shall be the chairman of that meeting, and that member shall have and may exercise at that meeting all the functions of the Chairman.
29 Member not to vote on matter in which he has pecuniary interest.
(1)
A member of a Board or any committee thereof shall not vote or take part in the discussion of any matter before the Board or committee in which he has, directly or indirectly, by himself or his partner, any pecuniary interest apart from any interest in common with the public or as a member of an incorporated company in which there are more than twenty members, to which he does not supply milk, and of which he is neither a director nor the general manager.
(2)
A member who knowingly offends against this section is liable to a fine not exceeding fifty pounds, and upon conviction his seat on the Board and on any committee shall become vacant.
30 First meeting of Board.
The first meeting of any Board after the constitution of the milk district shall be held at such time and place as the Director by notice to the members appoints.
31 Annual and ordinary meetings of Boards.
(1)
Every Board shall hold an annual meeting at the office of the Board on a day to be fixed by the Board, such day being not later than the fifteenth day of July in each year.
(2)
Every Board shall hold ordinary meetings at such time and place as it from time to time appoints.
(3)
The Chairman or the Secretary shall give notice in writing to each of the members of the time and place appointed from time to time for holding ordinary meetings, and the members shall attend those meetings without further notice of each meeting.
32 Special meetings.
(1)
A Board may at any time hold a special meeting, to be called either on a resolution of the Board or on a requisition in writing delivered to the Secretary and signed by the Chairman or by any two members.
(2)
No special meeting shall be held unless at least forty-eight hours’ notice in writing thereof and of the business to be transacted thereat has been given to members, and no business shall be transacted at a special meeting unless notice thereof has been so given.
33 Adjournment and postponement of meetings.
(1)
Any meeting of a Board may be adjourned to another day not later than seven days thereafter, and notice of the adjourned meeting shall be given to each member.
(2)
If a quorum is not present within half an hour of the time appointed for any meeting, the Chairman or members, or member if there is only one present, or the Secretary if no member is present, shall postpone the meeting either to a later hour on the same day or to the next day at the usual hour of meeting. No notice of any such postponement need be given.
(3)
A postponed meeting may be adjourned, but not further postponed.
34 Meetings to be open.
(1)
Meetings of a Board shall be open to the public, but the Board for sufficient cause, of which it shall be the sole judge, may exclude strangers altogether from any meeting.
(2)
The Chairman may order any constable or officer of the Board to exclude or remove any stranger from any meeting on account of noisy or disorderly conduct or intoxication.
35 Business at ordinary meetings.
The ordinary meetings of a Board shall be held for transacting the ordinary business of the Board, for appointing and removing the officers of the Board and superintending their conduct, for regulating the duties, duration and conditions of service, and salaries or other remuneration of officers and servants of the Board, for inquiring into matters relating to the supply, distribution, and sale of milk, for ordering the expenditure of the Board, and generally for doing all things necessary to carry this Act into effect.
36 Extraordinary business.
(1)
No extraordinary business shall be transacted at any ordinary meeting unless due notice thereof has been given at a prior meeting, or forwarded to the Chairman or Secretary seven days at least before the meeting at which it is to be brought forward, and at least forty-eight hours’ notice in writing of the business has been sent to each member.
(2)
The Chairman shall determine what business shall be deemed to be extraordinary within the meaning of this section.
37 Revocation of resolutions.
Any resolution of a meeting of a Board may (save as to anything theretofore lawfully done thereunder) be revoked or altered at the same meeting by the unanimous vote of the members present when it was passed, or at a subsequent meeting by the vote of a majority of the members present thereat:
Provided that at least forty-eight hours’ notice of the subsequent meeting and of the proposal to revoke or alter the resolution shall be given to each member.
38 Committees.
(1)
Any Board may from time to time appoint committees for the regulation and management of, or for inquiring into and reporting upon, such matters as it thinks fit, and may fix and alter the quorum and appoint and remove the chairman of any such committee, and may discharge any such committee.
(2)
It shall not be necessary that any person appointed to be a member of a committee under this section shall be a member of the Board.
(3)
Every such committee may meet at such times and places as it thinks fit, and may adjourn any meeting, and in the absence of the chairman may appoint some member present to be chairman of any meeting.
(4)
No business shall be transacted by a committee at any meeting unless a quorum is present thereat during the whole time while the business is transacted.
(5)
All questions shall be decided by the majority of such members of the committee as are present and vote. The chairman of the committee shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
39 Proceedings not invalid by reason of irregularities in election of members, &c.
No act or proceeding of any Board, or of any committee, or of any person acting as a member of the Board or committee, shall be invalidated in consequence of there being a vacancy in the membership of the Board at the time of the act or proceeding, or of the subsequent discovery that there was some defect with regard to the election or appointment of any member of the Board or committee or of any person so acting or that he was or had become disqualified.
40 Regulating the conduct of business.
Subject to the provisions of this Act, any Board may from time to time regulate the meetings, proceedings, debates, and general conduct of the business of the Board.
Minutes
41 Minutes of meetings.
(1)
The Secretary to each Board shall keep minutes of the proceedings of the Board in a book in which he shall enter, subject to the direction of the Board, the names of the members attending each meeting, and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.
(2)
The minutes of the proceedings of every meeting shall be read at the next succeeding ordinary meeting, and, if approved by the Board, or when amended as directed by the Board, shall be signed by the Chairman of that succeeding meeting.
(3)
The minutes of proceedings of the Board so kept, or an extract thereof certified as correct by the Chairman or Secretary, shall be received as evidence of such proceedings, and the validity of all such proceedings shall be presumed unless the contrary is proved.
(4)
The minute-book shall be kept in the office of the Board, and shall during all office hours be open to inspection, without fee, by any member, or by any creditor of the Board, or by any member of the local authority of any constituent district.
Special Orders
42 Making of special orders.
The power given by this or any other Act to a Board to do anything by “special order”
shall be exercised only as follows:—
(a)
The resolution to do such thing shall be passed at a special meeting:
(b)
The resolution shall be confirmed at a subsequent meeting (either ordinary or special) held not sooner than the twenty-eighth day and not later than the forty-second day after the special meeting:
(c)
Public notice of the place and date fixed for that subsequent meeting, and of the purport of the resolution shall be given twice during the period of twenty-eight days immediately preceding the date of the subsequent meeting, with an interval of not less than fourteen days between the two notifications:
(d)
Written notice of the time and place of the subsequent meeting under the hand of the Secretary shall be given to each member of the Board at least forty-eight hours before the subsequent meeting, which notice shall refer to the said resolution.
43 Evidence of special orders.
A document purporting to be a copy of any special order, sealed with the common seal of the Board, shall be received as evidence for all purposes that the special order of which the document purports to be a copy has been duly made in accordance with this Act unless the contrary is proved.
44 Proceedings to quash special orders.
No special order shall be quashed by proceedings in any Court or otherwise unless such proceedings are commenced within six months from the making of the special order.
Public Offices
45 Public offices.
(1)
Any Board may from time to time provide and maintain public offices within the milk district, or, if more convenient, outside the district, for holding meetings, for the use of its officers, and for transacting public business; and for that purpose may purchase or take on lease land or buildings, or may cause new buildings to be erected on any land belonging to or leased to the Board, or may cause any such building to be added to or improved.
(2)
The Secretary or some other person appointed by the Board shall attend at the offices of the Board during office hours for the purpose of receiving notices and transacting the ordinary business of the Board, and public notice shall be given in the milk district of the situation of the offices of the Board and the office hours observed thereat.
Receipts and Expenditure
46 Moneys to be paid into bank.
(1)
All moneys belonging to any Board amounting to five pounds and upwards shall within seven days after they have come to the hand of the proper officer of the Board be paid into the account of the Board at such bank as the Board from time to time appoints.
(2)
No moneys shall be withdrawn from the bank except by authority of the Board and by cheque signed by the Treasurer and countersigned by a member of the Board.
47 Board may establish an Imprest Account.
(1)
Any Board may, pursuant to a resolution in that behalf, establish an Imprest Account, which shall be kept at such bank as the Board from time to time appoints.
(2)
The Imprest Account may be held jointly in the names of and be operated on by the Treasurer and one other person to be appointed in that behalf by the Board, or may with the express approval in writing of the Audit Office, but not otherwise, be in the sole name of and be operated on by the Treasurer or other approved officer of the Board. Where the Imprest Account is held jointly in the names of the Treasurer and of one other person as aforesaid, such last-mentioned person shall be either a responsible officer of the Board or a member thereof.
(3)
The Board shall from time to time by resolution fix the maximum amount that may be held at any time in the Imprest Account, not exceeding seventy-five pounds in any case where the Imprest Account may be operated on by one person acting alone, and not exceeding such amount as the Audit Office may approve in any other case.
(4)
Moneys in the Imprest Account shall be available only for the payment of wages and of emergency expenditure. A statement of all payments made from the Imprest Account shall be submitted to the Board for approval at its first ordinary meeting thereafter. The payment of moneys out of the Imprest Account for any purpose not hereby authorized shall be deemed to be the misappropriation of the funds of the Board.
(5)
The provisions of the last preceding section shall be read subject to the provisions of this section.
48 Travelling-expenses of members.
(1)
Any Board may pay to its members or the members of any committee such travelling expenses and allowances as may be prescribed by regulations under this Act in respect of attending meetings of the Board, or of any committee thereof, or travelling on the business of the Board with the authority thereof.
(2)
A member voting upon any such question shall not thereby become liable to any penalty under section twenty-nine of this Act.
49 Superannuation and other benefits for employees.
(1)
A Board shall be deemed to be a local authority for the purposes of the Local Authorities Superannuation Act, 1908, the National Provident Fund Act, 1926, and section six of the Finance Act (No. 2), 1941.
Ibid., Vol. VI, p. 32 1941, No. 27
(2)
Any Board may from time to time pay by way of subsidy such sums as it thinks fit to the funds of any sick, death, or funeral benefit society or other like institution established by its employees, or any section of them, the benefits of which are confined to such employees and their dependants.
50 Insurance of members against personal accident while engaged in duties.
It shall be lawful for any Board from time to time to enter into contracts of insurance insuring members of the Board against loss from personal accident arising out of and in the course of the exercise of their powers or duties as members, and to pay the premiums payable in respect of such contracts.
51 Unauthorized expenditure.
Any Board may in every financial year, out of its General Account, expend for purposes not authorized by any Act or law for the time being in force any sum or sums not amounting in the whole to more than two hundred pounds.
Accounts
52 Books of account to be kept.
(1)
Every Board shall cause books to be provided and kept, and true and regular accounts to be entered therein of all sums of money received and paid, and of the several purposes for which such sums of money have been received and paid.
(2)
Any member of the Board and any member of the local authority of any constituent district may at all reasonable times inspect the books and take copies of or extracts from the same free of charge.
(3)
Every person having the custody of the books who does not, on the reasonable demand of any member of the Board or of the local authority of any constituent district, permit him to inspect the books, or to take copies or extracts as aforesaid, shall be liable to a fine not exceeding five pounds.
53 Part XI of Municipal Corporations Act, 1933 (as to accounts), applied.
1933, No. 30
The provisions of Part XI of the Municipal Corporations Act, 1933 (relating to accounts), shall, with the necessary modifications, apply as if each Board were a Borough Council and its operations under this Act were a trading undertaking within the meaning of the said Part XI.
54 Statements and report to be sent to Director.
Within two months after the end of each financial year each Board shall submit to the Director a copy of the Profit and Loss Account relating to its operations for that year together with a statement of its assets and liabilities at the end of that year and a report as to its operations under this Act during the year.
Part IV Powers and Duties of Milk Authorities
General Functions and Powers
55 Principal function of Milk Authority.
The principal function of each Milk Authority under this Act shall be to ensure for the inhabitants of the milk district an adequate supply of milk of a standard of quality not less than the standard for the time being prescribed under the Sale of Food and Drugs Act, 1908.
56 Power to carry on milk business, &c.
Each Milk Authority shall have power to buy and sell milk, to treat milk, and to provide for the storage in cool chambers of milk and milk products.
57 General powers.
(1)
Each Milk Authority may—
(a)
Devise and promote as far as may be practicable improved methods of producing, collecting, treating, carrying, delivering, and distributing milk:
(b)
Subject to Part VII hereof regulate and control exclusively the supply and distribution of milk within the district:
(c)
Devise and promote as far as may be practicable means to prevent and eliminate wasteful, unnecessary, or unhygienic agencies, methods, practices, costs, or charges in connection with the production, collection, treatment, carriage, delivery, distribution, and sale of milk:
(d)
Investigate, devise, and promote methods and practices of payment or of collection of
(2)
It shall be the duty of each Milk Authority to put into effect as soon as practicable an economic system for the consolidation or zoning of milk rounds in so far as no such system is in existence at the time of the constitution of the district.
58 Adequacy of supply to be investigated.
Each Milk Authority from time to time as may be necessary shall satisfy itself by examination of contracts between milk producers or organizations of milk producers and milk vendors or organizations of milk vendors that so far as possible an adequate supply of milk of good quality will be available for the inhabitants of the district.
59 Power to take land, &c.
For the purposes of this Act a Milk Authority may from time to time, in such manner and on such terms as it thinks fit,—
(a)
Purchase or lease or take under the provisions of the Public Works Act, 1928, as for a public work or otherwise acquire any land required for the purposes of this Act, and sell and dispose of the same when no longer required:
(b)
Construct, erect, lease, or purchase any buildings, plant, machinery, and other appliances or works of any description, and sell or otherwise dispose of the same when no longer required:
(c)
Maintain and work any such buildings, plant, machinery, and other appliances and works required for the supply, treatment, transport, and delivery of milk, and for providing cool storage for milk and milk products.
60 Power to borrow money.
Ibid., Vol. V, p. 360
In order to provide funds for the payment of compensation moneys or purchase moneys payable under this Act, or for the construction or erection or acquisition of buildings, plant, machinery, or other appliances or works required for the purposes of this Act, a Milk Authority may from time to time borrow moneys by way of special loan under the Local Bodies’ Loans Act, 1926, by special order, and without taking the steps prescribed by sections nine to thirteen of that Act.
Particular Powers as to Milk
61 Milk to be sold, &c., only under license from Milk Authority.
(1)
From and after such date as may be fixed by the Milk Authority by special order for the purpose (hereinafter called the appointed day) it shall not be lawful for any person (other than the Milk Authority and its servants or agents), whether as principal, agent, or otherwise,—
(a)
To sell milk in the district; or
(b)
To deliver milk in the district in pursuance of a contract of sale made whether within the district or elsewhere; or
(c)
To bring into the district for use, consumption, or sale milk purchased outside the district; or
(d)
To have milk in his possession for sale in the district; or
(e)
To sell outside the district any milk (not being milk of which he is the producer) intended to be supplied to or sent or brought into the district; or
(f)
To install or operate within the district any plant for the pasteurization or like treatment of milk; or
(g)
To pasteurize milk or subject milk to any treatment designed for the same purpose as pasteurization if the milk is intended to be supplied to or sent or brought into the district; or
(h)
To use as a milk store any premises within the district or any premises (not being part of a dairy) outside the district if the milk in respect of which the premises are used is intended to be supplied to or sent or brought into the district,—
except under a license issued in that behalf by the Milk Authority and in accordance with the terms and conditions thereof.
(2)
Nothing in this section shall apply in respect of milk intended for manufacture into butter, cheese, casein, condensed milk, condensed cream, or dried milk.
(3)
If in any prosecution for an offence against this Act or any by-laws or regulations made thereunder any question shall arise as to whether any milk is intended for manufacture as aforesaid, the burden of proving that it is so intended shall be on the defendant.
62 Special provision as to ice cream.
(1)
If any mixture or compound containing milk is brought into any district for use in the manufacture of ice cream the provisions of this Act shall apply in respect of that mixture or compound as if the mixture or compound were milk within the meaning of this Act.
(2)
No person shall in any district use for the manufacture of ice cream any such mixture or compound as aforesaid which has been brought into the district in contravention of the provisions of this Act as extended by the last preceding subsection.
63 Milk Authority may determine not to grant licenses.
(1)
A Milk Authority may, with the prior written consent of the Central Milk Council, by special order determine that on a date to be fixed by the special order all licenses of any class or classes therein referred to shall be deemed to be revoked, and thereafter, while the special order continues in force, no licenses of that class or those classes shall be granted or renewed:
Provided that before giving any consent for the purposes of this subsection the Central Milk Council shall give to licensees appearing to it to be likely to be affected by the special order an opportunity of making representations in relation to the matter to the Council or to a committee of the Council appointed under section one hundred and three hereof.
(2)
No appeal shall lie against any determination of the Milk Authority under this section or any refusal to grant or renew any such license as aforesaid.
64 License from local authority unnecesary.
On and after the appointed day it shall not be necessary for any milk vendor licensed by the Milk Authority to obtain from any local authority any license or authority relating to the sale of milk within the district except as provided under this Act, and the by-laws of any local authority (not being a Milk Authority) relating to the sale or keeping of milk within the district shall not apply to any such milk vendor.
65 Grant or refusal of licenses.
(1)
A Milk Authority may in its discretion for the purposes of this Act, and subject to the provisions thereof and of any by-laws thereunder, refuse, suspend, or revoke any license under this Act, or grant or renew any license under this Act either unconditionally or upon or subject to such conditions or for such period as the Milk Authority thinks fit.
(2)
Any such conditions may from time to time by notice to the licensee be varied, revoked, or added to by the Milk Authority as it thinks fit.
(3)
Without prejudice to the generality of the foregoing provisions of this section, a license may be granted or renewed on condition—
(a)
That the licensee pays such compensation as the Milk Authority thinks right to any milk vendor whose interests are prejudicially affected by the license:
(b)
That the licensee furnishes such guarantee, bond, or security as the Milk Authority thinks fit for the payment of debts then owing or that may thereafter be incurred by him in respect of the purchase of milk.
(4)
The Milk Authority may cause any moneys recovered under any such guarantee, bond, or security as aforesaid, less the expenses of recovery, to be applied in or towards satisfaction of such debts as aforesaid or any of them.
(5)
Where in any district a system of zoning of milk rounds has been put into effect (whether before or after the constitution of the district) and any portion of the district by reason of being thinly populated or for any other reason whatsoever has not been included in the system of zoning, the Milk Authority upon the subsequent inclusion of the area or any part thereof in the system of zoning may if it thinks fit make it a condition of any license granted by it to a roundsman for the sale or delivery of milk in the area that the licensee pay to the Milk Authority such consideration by way of lump sum or periodical payment or otherwise as the Milk Authority shall determine having regard to the value of the goodwill of milk rounds of the appropriate class, and any sum so payable shall be a debt owing to the Milk Authority by the licensee.
1941, No. 25
(6)
In considering any application, for a license under this Act, or for the renewal thereof, or any question relating to the conditions of a license or in considering any action proposed to be taken under section sixty-nine hereof the Milk Authority shall, in addition to all other relevant considerations, take into account the desirability in the public interest of re-establishing in civil life discharged servicemen within the meaning of Part I of the Rehabilitation Act, 1941.
66 Compensation for revocation or restriction of license.
(1)
Where in pursuance of its powers under this Act a Milk Authority has—
(a)
By special order determined that all licenses of any class or classes shall be deemed to be revoked; or
(b)
Revoked or suspended a license otherwise than for breach of the conditions thereof; or
(c)
Refused to renew a license otherwise than for breach of the conditions thereof,—
compensation shall be payable to the licensees or the licensee in accordance with this section.
(2)
Failing agreement between the Milk Authority and any claimant for compensation under this section, the amount of the compensation payable to the claimant shall be determined by a Compensation Court constituted under the Public Works Act, 1928, in the same manner as nearly as may be as if the claim were a claim for compensation under that Act.
(3)
In any case where a Milk Authority has revoked, varied, or refused to renew a license for breach of any conditions attached thereto, or has refused to grant a new license, or has attached a condition restricting the operations of the licensee, it shall be lawful for, but not obligatory upon, the Milk Authority to compensate the licensee or applicant for the license by payment of such amount as may be agreed upon or in such other manner as may be agreed upon.
(4)
In computing the amount of compensation payable under this section (whether the amount is determined by agreement or by a Compensation Court) regard shall be had to the special matters mentioned in the next succeeding subsection, and the amount of the compensation payable shall be computed having due regard to those matters and to any other relevant considerations.
(5)
The special matters referred to in the last preceding subsection are the following:—
(a)
The amount of the profits actually derived from the undertaking of the claimant and the estimated amount of the profits (if any) that would have been so derived in the absence of any special concessions, subsidies, privileges, or protection granted to the claimant or from which he has received benefit:
(b)
The amount (if any) fixed by the Central Milk Council in respect of the appropriate district as the amount that may be paid for the goodwill of licenses of the class held by the claimant.
67 Purchase of businesses.
A Milk Authority may at any time for the purposes of this Act purchase for such consideration as may be agreed upon the whole or any part of the business of any person engaged in the business of collecting, treating, delivering, or selling milk, together with the goodwill of the business and any chattels or other personal property used for the purpose of or belonging or pertaining to the business.
68 Restriction of right to sell milk round.
(1)
No roundsman or other person entitled to dispose of a milk round carried on wholly or partly within a milk district shall sell to any purchaser the goodwill of the milk round or of any portion thereof without first offering to sell the same to the Milk Authority on at least as favourable terms as those on which he is willing to sell to the proposed purchaser. The offer shall remain open for fourteen days from the date upon which it is made, and if it is not accepted by the Milk Authority within that time it shall be deemed to have been declined. The person offering to sell the goodwill of the milk round may at the same time offer to sell any chattels or other personal property belonging or pertaining to the business at a price to be fixed as hereinafter provided, and if the Milk Authority accepts the offer to sell the goodwill of the milk round it shall be deemed to accept the offer to sell the chattels or other personal property aforesaid. The price to be paid by the Milk Authority for the chattels and other personal property aforesaid shall be such sum as is agreed upon or in default of agreement as is determined by arbitration under and in accordance with the provisions of the Arbitration Act, 1908.
(2)
The Milk Authority may refuse to grant a license to any person who has purchased the goodwill of any milk round or of any portion thereof if it has not prior to the purchase been offered for sale to the Milk Authority on at least as favourable terms as those on which the purchaser has purchased it. No appeal shall lie against any such refusal.
(3)
Nothing in this section shall apply in respect of the sale by a milk vendor who is also a milk producer of the goodwill of a milk round in which he sells milk produced on the dairy premises occupied by himself if the dairy premises are being sold at the same time to the same purchaser.
69 Powers where business purchased or license revoked.
(1)
A Milk Authority may, on such terms as it thinks fit, sell, lease, bail, or otherwise dispose of any business, milk round, goodwill, chattels, or other property purchased under either of the last two preceding sections.
(2)
In any case where a Milk Authority has revoked the license of a roundsman or refused him a license or attached a condition thereto restricting his operations or purchased the whole or any portion of his milk round,—
(a)
The Milk Authority may from time to time, for such consideration by way of lump sum or periodical payment or otherwise as it thinks fit, authorize any person, either by special license or by extension of an existing license or otherwise, to serve the customers or any of the customers the right to serve whom has been lost or disposed of by the roundsman, and any authority given by the Milk Authority may be for such period and subject to such conditions as it thinks fit and may be cancelled by it for non-payment of any consideration or for breach of any condition attached thereto:
(b)
The Milk Authority may make such other provision as it thinks fit for the service by itself or otherwise of the customers aforesaid or any of them:
(c)
It shall not be lawful for any person to deliver milk to any of the customers aforesaid except at a milk store or pursuant to any authority given or other arrangement made under the foregoing provisions of this section.
70 Protection of Milk Authority on purchase of personal property.
(1)
In any case where a Milk Authority has agreed to purchase any personal property from any person (in this section referred to as the vendor) operating any milk round, business, service, or undertaking, the Milk Authority may cause to be published once in each of two newspapers circulating in the district a notification of the purchase and a request that any person claiming an interest in or charge upon the property or any part thereof shall notify such claim to the Milk Authority in writing within seven days of the publication of the notification.
(2)
At any time after the expiration of seven days from the latest publication of the notification aforesaid, if no notice of any claim has then been received by the Milk Authority and there is no person then entitled to any interest in or charge upon the property by virtue of any instrument registered under the Chattels Transfer Act, 1924, or the Companies Act, 1933, the Milk Authority may pay the purchase money to the vendor. If the date fixed by the agreement for payment of purchase money for the property is between the first publication of the notification and the expiration of seven days after the latest publication thereof, the date shall be extended until the day next following the expiration of the said seven days.
(3)
Upon payment of the purchase money for any personal property in accordance with the foregoing provisions of this section, the property shall vest in the Milk Authority absolutely free and clear of all estates, interests, or charges whatsoever.
71 Appeals against decisions of Milk Authorities.
(1)
Except as specially provided in this Act, any person aggrieved by a decision of a Milk Authority in refusing to grant any license under this Act, or in revoking, suspending, varying, or refusing to renew any license for breach of any conditions attached thereto, or in attaching any condition to the license of a roundsman restricting his operations, may appeal as hereinafter provided to a Magistrate’s Court.
(2)
Within fourteen days after notice is given of the decision of the Milk Authority which is being appealed against the appellant shall give notice of appeal to the Milk Authority and make application to a Magistrate’s Court in the district, or, if there is no such Court, then the Magistrate’s Court nearest to the public office of the Milk Authority, for an order reversing or varying the decision being appealed against.
(3)
Every such appeal shall be heard and determined in the Magistrate’s Court before a Magistrate alone, and the Court, for the purposes of hearing and determining the appeal, shall have all the powers vested in it in its ordinary civil jurisdiction.
(4)
The procedure for the institution, hearing, and determination of the appeal shall be in accordance with regulations to be made under this Act, and, subject to those regulations or so far as they do not extend, shall be in accordance with the ordinary procedure of the Court.
(5)
On any such appeal the Court may award such costs as it deems just either in favour of or against the appellant.
(6)
On any such appeal the Court may reverse or vary the decision appealed against, or may confirm it, either absolutely or subject to such conditions and modifications as the Court deems just, or may make such other order as it thinks fit, and the decision of the Court shall be final.
(7)
No appeal shall lie against the decision of any Milk Authority in any of the following cases:—
(a)
Where the Milk Authority has compensated the person concerned or purchased his business:
(b)
Where the Milk Authority has refused to grant a license (as it shall be entitled to do) on the ground that there are already sufficient holders of licenses of the kind applied for to meet adequately the needs of the district or the portion thereof in which the applicant proposes to operate, or that otherwise it would be economically unsound or inequitable to grant the license, unless the applicant is or was at the date of the expiry of the preceding licensing period the holder of a similar license and was at the time of the application operating the business or service for which that license was granted, or, subject to section sixty-eight hereof, unless the license is required for the purpose of continuing a milk vendor’s business taken over or about to be taken over from a licensee of the Milk Authority.
72 Inspections.
(1)
Any Milk Authority may for the purposes of this Act request the local authority of any constituent district and any Government Department to conduct, by its Inspectors or other officers, such inspections as are necessary to ensure that dairy premises and milk stores and scales, measures, appliances, apparatus, utensils, and vehicles used in connection with the production, collection, treatment, storage, distribution, or sale of milk are in a satisfactory condition, and to carry out such tests and take such other steps as are necessary to ensure that the milk sold in the district complies with the requirements of the Sale of Food and Drugs Act, 1908, or of the Milk Authority:
Provided that nothing in this subsection shall be deemed of itself to confer any powers on any Inspector or other officer.
(2)
It shall be lawful for the Milk Authority and any local authority to make arrangements for the use by the Milk Authority of any Inspectors of the local authority and for the payment by the Milk Authority to the local authority of portion of the remuneration of the Inspectors.
(3)
Any Milk Authority may with the prior written approval of the Central Milk Council appoint an Inspector or Inspectors for the purposes of this Act. Any Inspector so appointed may at any reasonable time enter and inspect any premises which are believed to be used as a milk store either within the district or outside the district if the Inspector has reason to believe that milk from the premises is sent into the district, and the Inspector may examine and take notes, copies, or extracts of or from any books, documents, or papers relating to the collection, treatment, storage, distribution, or sale of milk, and may examine any scales, measures, appliances, apparatus, utensils, or vehicles used in connection with the collection, treatment, storage, distribution, or sale of milk whether they are situated within the milk store or not.
(4)
Any Inspector appointed pursuant to the last preceding subsection may with the consent of any association of producers approved in respect of the district under Part VII of this Act enter any dairy premises occupied by any member of the association and inspect the premises and examine any scales, measures, appliances, apparatus, utensils, or vehicles used on the premises in connection with the production, supply, treatment, or storage of milk.
Levy on Milk
73 Annual estimate of expenditure and income.
(1)
Each Milk Authority shall on or before the thirty-first day of March in each year cause an estimate to be prepared of the proposed expenditure and of the income of the Milk Authority for the next ensuing financial year. The amounts estimated to be required in any year to pay interest on any loan and any sums required to meet payments of principal or provide the sinking fund in respect thereof shall be included in the estimate of the proposed expenditure for the year. Where a Borough Council is the Milk Authority the estimate shall relate only to the operations of the Borough Council under this Act.
(2)
Any deficiency or surplus at the end of any financial year shall be carried forward as a liability or asset, as the case may be, into and calculated or allowed for in making and assessing the requirements of the next financial year.
(3)
The costs of the first election and the expenditure incurred between the date of the constitution of any district and the thirty-first day of March next thereafter shall be included in the estimate made on or before that date for the next ensuing financial year.
74 Levy on milk.
(1)
The amount of the estimated expenditure, less the amount of the estimated income for the year, may be raised by the Milk Authority by a levy imposed in respect of all milk sold in the district.
(2)
The rate of the levy shall not exceed one-eighth of a penny a gallon:
Provided that with the prior written consent of the Central Milk Council the rate of the levy may exceed one-eighth of a penny a gallon but may not exceed one-quarter of a penny a gallon.
(3)
For the purposes of this section a quantity of cream shall be deemed to be ten times the quantity of milk.
(4)
The Milk Authority shall make the levy by resolution, and the amount thereof may be increased or reduced from time to time by resolution of the Milk Authority. The making of the levy and any increase or decrease thereof shall be publicly notified.
(5)
The manner in which the levy shall be collected and the class of persons by whom it shall be payable shall be determined by the Milk Authority after consultation with the Director, and may be prescribed by by-laws as provided in Part V of this Act.
Contracts
75 Milk Authorities may enter into contracts for purposes of Act.
(1)
A Milk Authority may enter into any contract for any of the purposes of this Act.
(2)
If a contract is for the execution of any work it shall specify the work to be done, and the materials to be furnished, and the price to be paid for the same, and the time or times within which the work is to be completed, and the penalties to be suffered in case of the non-performance thereof.
76 Mode of contracting.
(1)
Any contract which if made between private persons must be by deed shall, if made by a Milk Authority, be in writing under the seal of the Milk Authority.
(2)
Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall, if made by a Milk Authority, be either under the seal of the Milk Authority or signed by two members of the Milk Authority on behalf of and by direction of the Milk Authority.
(3)
Any contract which if made between private persons may be made orally may be similarly made by or on behalf of a Milk Authority by any two members acting by direction of the Milk Authority, but no oral contract shall be made for any sum exceeding twenty pounds.
(4)
Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of a Milk Authority shall be invalid by reason only that it was not made in manner provided by this section, if it was made pursuant to a resolution of the Milk Authority or to give effect to a resolution of the Milk Authority.
77 Milk Authorities may act together.
(1)
Milk Authorities may act together in the exercise and performance of any of their powers and duties under this Act and any Milk Authority may act together with any local authority having similar powers or functions in the exercise and performance of any of its powers and duties under this Act.
(2)
Any Milk Authority or local authority may for the purposes of this section enter into such agreements as it thinks fit, and the agreements may contain all such provisions as to the Milk Authority or local authority seem necessary or expedient.
78 Milk Authorities may make compositions.
Any Milk Authority may compound with any person for such sum of money or other recompense as it thinks fit in respect of the breach of any contract, or of any penalty incurred thereunder, or of any debt due to the Milk Authority, or of any damage done by the Milk Authority or its servants, whether before or after any action is brought for or in respect of the same.
Officers
79 Appointment of officers.
(1)
A Milk Authority may from time to time appoint a Secretary, Manager, Treasurer, and Engineer, and such other officers to assist in the execution of this Act as it thinks necessary; and may from time to time remove any of such officers and appoint others in the place of such as are so removed, or as may die, resign, or discontinue their offices; and may out of its funds pay such salaries and allowances to the said officers respectively as it thinks reasonable.
(2)
One person may hold two or more such offices.
80 Contracts with officers as to tenure of office.
(1)
Notwithstanding anything to the contrary in this Act or in any rule of law, any Milk Authority may enter into an agreement in writing with any person whom it proposes to appoint, or who has been appointed, an officer of the Milk Authority to the effect that that person shall not be removed from office save as provided in the agreement or except for conduct justifying summary dismissal—
(a)
During such period (not exceeding three years from the date of his appointment or the date of the agreement, as the case may be) as is specified in the agreement; or
(b)
Except after such notice, not exceeding three months, as may be specified in that behalf.
(2)
Any agreement to which paragraph (a) of the last preceding subsection relates may from time to time be renewed for any period not exceeding three years at any one time from the date of the renewal.
81 Acting officers.
During the absence from duty of any officer of the Milk Authority by reason of illness, leave of absence, or other cause, the duties and powers of such officer may be performed and exercised by an acting officer appointed by resolution of the Milk Authority; and any such appointment may be either general or for some occasion only.
82 Certain officers to give security.
Before any officer entrusted by the Milk Authority with the custody or control of moneys by virtue of his office enters on the duties of his office, the Milk Authority shall take sufficient security from him for the faithful execution thereof.
Part V By-laws
83 Power to make by-laws.
(1)
A Milk Authority may from time to time make by-laws, for all or any of the following purposes:—
(a)
Providing for different kinds of licenses and the forms thereof and any general or special conditions applicable thereto:
(b)
Restricting the area of operations of licensees, whether by a system of blocking or zoning or otherwise howsoever:
(c)
Subject to existing awards or industrial agreements fixing the hours or places for the delivery of milk by roundsmen or fixing the times or places of delivery of milk by producers or milk vendors:
(d)
Prohibiting either generally or in respect of any particular classes of transactions, the sale or purchase of milk except for coupons or tokens issued by the Milk Authority:
(e)
Prescribing methods to be followed in the treatment, carriage, deposit, storage, distribution, or sale of milk:
(f)
Prescribing the manner in which milk is to be treated, carried, deposited, stored, distributed, or sold:
(g)
Prescribing temperatures at which milk intended for sale is to be kept at any time or times:
(h)
Prescribing the manner in which the levy under section seventy-four hereof is to be collected, the persons by whom it is to be payable, the dates for payment, and the penalty for late payment (not exceeding ten per centum of the amount of the levy):
(i)
Fixing the standard of quality of milk that may be sold and fixing different standards according to the treatment to which the milk is to be subjected or according to the purpose for which it is to be used or according to any other circumstances whatsoever which in the opinion of the Milk Authority render the fixing of different standards advisable:
(j)
Prescribing the standard of quality to which milk must conform or the tests which it must pass before it may be pasteurized and forbidding the pasteurization of milk which does not conform to the standard or pass the tests so fixed:
(k)
Providing for the keeping of books and records by licensees and prescribing the particulars to be shown therein:
(l)
Providing for returns to be made and information supplied by licensees either at regular intervals or as and when required by the Milk Authority, and prescribing the form of returns:
(m)
Prescribing matters in respect of which fees shall be payable and the amount of such fees.
(2)
The Governor-General may by Order in Council at any time disallow, either in whole or in part, any by-law made under this section if in his opinion the by-law is unreasonable or undesirable or provides conditions for licenses which have been disallowed by the Central Milk Council or any committee thereof.
1933, No. 30
(3)
The provisions of sections three hundred and sixty-seven to three hundred and seventy-eight of the Municipal Corporations Act, 1933, shall, so far as applicable and with the necessary modifications, apply as if every Milk Authority were a Borough Council.
(4)
The power to make by-laws conferred by this Act shall be in addition to any power to make by-laws conferred on any Milk Authority under any other Act,
Part VI Offences and Legal Proceedings
Offences
84 Breach of license.
(1)
Every person who is knowingly concerned in any breach by himself or any other person of the terms or conditions of any license issued under this Act commits an offence and shall be liable to a fine not exceeding one hundred pounds.
(2)
The fact that any licensee is convicted of an offence under this section shall not be deemed to prevent the revocation, variation, or suspension of the license if provision is made therefor in the conditions attached to the license.
85 Offences and penalty.
Every person commits an offence and is liable to a fine not exceeding one hundred pounds who directly or indirectly by himself, his servant, or agent—
(a)
Resists, obstructs, or deceives any person who is exercising or attempting to exercise any power or function under this Act:
(b)
Without lawful excuse acts in contravention of or fails to comply in any respect with any provision of this Act or any regulation made thereunder or any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act:
(c)
Refuses to give information or gives false in formation or makes any misleading statement or material omission in any answer to any inquiry made pursuant to this Act or in any communication with or application or return made to the Central Milk Council, the Director, or any Milk Authority or any other person for the purpose of this Act.
86 Offences punishable summarily.
All proceedings in respect of offences against this Act or against any regulations or by-laws made under this Act shall be taken in a summary way under the Justices of the Peace Act, 1927.
Legal Proceedings
87 Judge not disqualified as being resident.
No Judge, Magistrate, or Justice shall be deemed to be interested in any case in which he is acting judicially solely on the ground that he is a resident within any district.
88 Representation of Boards in proceedings in Magistrate’s Court, &c.
In all proceedings in which any Board is concerned under any Act relating to bankruptcy, and in all proceedings in a Magistrate’s Court or before any Justice, the Secretary, or any other person from time to time appointed by the Board for the purpose, may appear and act on behalf of the Board.
89 Evidence.
(1)
A copy of any resolution of a Milk Authority or any committee thereof, certified by the Secretary or Clerk of the Milk Authority to be correct, shall, until the contrary is proved, be sufficient evidence of the resolution in any proceedings under this Act.
(2)
A certificate signed by the Secretary or Clerk of any Milk Authority to the effect that any person required to be licensed under this Act was at the date of the certificate so licensed or not so licensed shall, until the contrary is proved, be sufficient evidence of the matters stated therein.
90 Service of legal proceedings on Boards.
Any summons, writ, or other legal proceeding requiring to be served on any Board may be served by being left at the public office thereof or given personally to the Chairman or Secretary.
91 Notice to be given to Boards of proposed actions.
(1)
No action or proceeding shall lie against any Board or any member or officer thereof or of any committee appointed by any Board or other person acting under the authority or in the execution or intended execution or in pursuance of this Act, for any alleged irregularity, or trespass, or nuisance, or negligence, or any act or omission whatever, unless notice in writing specifying the cause of the action or proceeding, and the name and residence of the intending plaintiff or prosecutor, and of his solicitor or agent in the matter, is given by the intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the action or proceeding.
(2)
Every such action or proceeding shall be commenced within six months next after the act or thing complained of is done or omitted, or, in the case of a continuation of damage, within three months next after the doing of such damage has ceased, and not afterwards.
(3)
Every such action or proceeding shall be laid and tried in the Court nearest to the place where the cause of action or a material part thereof arose, and not elsewhere.
(4)
In any such action or proceeding the defendant may plead generally that the act or thing complained of was done or omitted under the authority or in the execution or intended execution or in pursuance of this Act and may give all special matter in evidence.
(5)
On the trial or hearing of any such action or proceeding the plaintiff or prosecutor shall not be permitted to go into evidence of any cause or ground thereof not stated in the notice given by him under this section.
(6)
The plaintiff in any such action shall not succeed if tender of sufficient amends is made by the defendant within one month after the giving of the notice of action, and in case no tender has been made the defendant may, in accordance with the practice of the Court in which the action is brought, or by leave of the Court, at any time pay into the Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money into Court in an ordinary action.
(7)
In cases of injury to the person the person injured shall permit himself to be examined by any medical practitioner appointed by the Board, and in every case the property injured, and all accounts and vouchers in respect of the injury (whether to person or property), may be examined by any person appointed by the Board or the Chairman thereof.
(8)
In cases of injury to the person (whether resulting in death or not) the Court may, before or at the trial or hearing, waive the non-compliance or insufficient compliance with subsections one and two of this section, if satisfied that there was reasonable excuse, and on such terms as the Court thinks fit.
1934, No. 17
(9)
Nothing in this section shall apply with respect to any action or proceeding commenced by the Audit Office under the Public Revenues Act, 1926, the Local Authorities (Members’ Contracts) Act, 1934, or any other Act.
Part VII Organization of Milk Producers
92 Approval of producers’ associations and Supply Associations.
(1)
The Central Milk Council may for the purposes of this Act approve in respect of any district any association of milk producers which conforms to the requirements of this section and of any regulations made for the purposes of this section as an association of producers which is entitled to supply milk for use or consumption in the district.
(2)
In any case where only one association of milk producers is approved in respect of any district and the Central Milk Council is satisfied, after consultation with the Milk Authority, that that association is able to supply throughout the whole of each year all the milk required to be brought into the district for use and consumption therein other than milk coming within the provisions of section ninety-four hereof, the Governor-General may by Order in Council approve that association as the Supply Association for the district.
(3)
In any case where more than one association of milk producers is approved in respect of any district and the Central Milk Council is satisfied, after consultation with the Milk Authority, that those associations can together supply throughout the whole of each year all the milk required to be brought into the district for use or consumption therein other than milk coming within the provisions of section ninety-four hereof, the Central Milk Council may direct the approved associations to form a committee of supply and, when that committee of supply has been duly formed in accordance with the directions of the Council, the Governor-General may by Order in Council approve that committee as the Supply Association for the district.
(4)
The Governor-General may at any time, by Order in Council, revoke any approval of a Supply Association under this section.
(5)
While there is a Supply Association for any district no further associations of producers shall be approved under subsection one hereof in respect of that district.
(6)
There shall not be more than one Supply Association in respect of any district.
(7)
The Central Milk Council, after consultation with the Milk Authority or at its request, may at any time revoke any approval of an association of milk producers under subsection one hereof or recommend to the Government that any approval of a Supply Association under this section be revoked if the Council is satisfied that the association of milk producers or the Supply Association, as the case may be, has ceased to comply with the requirements of this section or of any regulations made for the purposes of this section, or has failed to carry out any directions of the Central Milk Council, or is not carrying out the conditions of the approval or the terms of any contract with the Milk Authority, or is not observing the requirements of this Act or of any other Act relating to milk.
(8)
Regulations may be made under this Act for all or any of the following purposes:—
(a)
Prescribing conditions which must be fulfilled before any association of milk producers or Supply Association can be approved under this section, including conditions as to membership, the rules or regulations, and the management or control of the association:
(b)
Prescribing conditions as to the formation of committees of supply for the purposes of this section, including conditions as to the membership, the rules or regulations, and the management or control thereof:
(c)
Providing for notices to be published or given concerning any request for approval or revocation of approval under this section, and for the making of objections to the granting or revocation of any approval under this section:
(d)
Prescribing the functions of Supply Associations and conditions to be observed by associations of milk producers and Supply Associations:
(e)
Prescribing conditions of contracts to be entered into with and by associations of milk producers for the supply of milk to the associations and for the supply of milk by the associations.
93 Effect of approval of Supply Association.
In any case where there is an approved Supply Association in respect of any district, the Milk Authority of the district shall not bring any milk, or issue any license authorizing any milk to be brought, into the district for use, consumption, or sale within the district except such milk as may be supplied by or through an approved association of milk producers:
Provided that if the Milk Authority is satisfied that the approved Supply Association cannot supply sufficient milk to meet the requirements within the district, the Milk Authority may, with the consent of the Central Milk Council or of the Director, bring or authorize to be brought into the district sufficient other milk to meet the deficiency.
94 Position of producer-vendor.
(1)
Nothing in the foregoing provisions of this Part of this Act shall apply to prohibit a milk producer who has a license from the Milk Authority of a district authorizing him to sell milk within the district from bringing into the district and selling within the district milk produced on the dairy premises occupied by him in any case where the dairy premises, or any part thereof, are situated within three miles of the boundary of the district at the time when the district was first constituted under this Act.
(2)
Every such milk producer as aforesaid and every milk producer whose dairy premises are within the district shall at such times and with such particularity as the Milk Authority by notice to him requires supply to it particulars of the estimated quantities of milk which he will require to obtain for sale in addition to the milk produced on the dairy premises occupied by him.
95 Surrenders of shares by co-operative milk-marketing companies.
1933, No. 49
(1)
The provisions of sections three to nine of the Co-operative Companies Act, 1933, shall, with the necessary modifications, apply to co-operative milk-marketing companies as hereinafter defined.
1933, No. 29
(2)
Any company entitled to be registered under the Co-operative Companies Act, 1933, as a co-operative milk-marketing company may be registered under the Companies Act, 1933, under a name which contains the word “co-operative”
:
Provided that if at any time after it is so registered under the Companies Act, 1933, it ceases to be entitled to be registered under the Co-operative Companies Act, 1933, or its registration under that Act is cancelled, the Registrar of Companies may call upon it to take steps to change its name so as to remove the signification that it is a co-operative company, and the company shall, not later than one month from the date of the notice from the Registrar, take the appropriate steps under the Companies Act, 1933, to change its name.
(3)
If any company fails to comply with the proviso to the last preceding subsection, the chairman and every director thereof shall be severally liable on summary conviction to a fine of five pounds for every day during which the default continues.
(4)
For the purposes of this section the term “co-operative milk-marketing company”
means a company which is incorporated under the Companies Act, 1933 (whether before or after the passing of this Act), the principal object of which is the treatment or the marketing of milk supplied to the company by its shareholders, and of the shares issued by which not less than three-fifths in nominal value are held by persons engaged in supplying milk to the company. For the purposes of this subsection the principal business which the company for the time being carries on shall be deemed to be the principal object of the company, notwithstanding that it may have authority to carry on any other business.
Part VIII Administration
Central Milk Council
96 Central Milk Council.
(1)
There is hereby established for the purposes of this Act a Council to be known as the Central Milk Council.
(2)
The Council shall consist of—
(a)
The Minister of Health:
(b)
The Director of Milk Marketing:
(c)
One person to be selected from a panel of not less than three persons nominated by the Municipal Association of New Zealand, Incorporated, and appointed on the recommendation of the Minister of Health:
(d)
Two persons, one being resident in the North Island and one being resident in the South Island, nominated by some organization or organizations of persons engaged in the production of milk for human consumption and appointed on the recommendation of the Minister of Agriculture:
(e)
Two other persons, one of whom shall be a woman deemed to be representative of the interests of women and children, appointed on the recommendation of the Minister of Health.
(3)
The Minister of Agriculture may request such organization or organizations of persons engaged in the production of milk for human consumption as he thinks fit to nominate such number of persons as he may specify for the purpose of enabling him to determine who shall be recommended for appointment under paragraph (d) of the last preceding subsection.
(4)
The Minister of Health shall be the Chairman of the Council, and in the absence of that Minister from any meeting of the Council the person attending the meeting in his stead shall be the chairman of the meeting.
(5)
The members of the Council, other than the Minister of Health and the Director, shall be appointed by the Governor-General for a term of three years, but any such member may from time to time be reappointed, or may be at any time removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister of Health.
(6)
If any appointed member of the Council dies, is removed from office, or resigns, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.
(7)
Unless he sooner vacates his office as provided in the last preceding subsection, every appointed member of the Council shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.
(8)
The powers of the Council shall not be affected by any vacancy in the membership thereof.
97 Members of Council not personally liable.
No member of the Council shall be personally liable for any act done or omitted by the Council or by any member thereof in good faith in pursuance or intended pursuance of the powers and authority of the Council.
98 Meetings of Council.
(1)
Meetings of the Council shall be held at such times and places as the Council or the Chairman from time to time determines.
(2)
At all meetings of the Council four members shall constitute a quorum.
(3)
The Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
(4)
In the absence from any meeting of the Minister of Health he may authorize any other person to attend the meeting in his stead. In the absence from any meeting of the Director he may authorize any officer of the Milk Marketing Division to attend the meeting in his stead. While any person is attending any meeting of the Council pursuant to this subsection he shall be deemed for all purposes to be a member of the Council. The fact that any person so attends shall be sufficient evidence of his authority so to do.
(5)
Subject to the provisions of this Act and of any regulations made thereunder, the Council may regulate its procedure in such manner as it thinks fit.
99 Travelling expenses and allowances.
There shall be paid out of moneys appropriated by Parliament for the purpose to the members of the Council or of any committee thereof who are not officers employed in the service of the Crown such remuneration by way of fees or allowances, and such travelling expenses and allowances as may from time to time be prescribed by regulations under this Act.
100 Objects for which Council is established.
The general objects for which the Central Milk Council is established are—
(a)
The provision of an adequate supply of milk of good quality for human consumption:
(b)
The organization of the production, treatment, and distribution of milk on an economic basis having regard to the need for an adequate supply of milk as aforesaid.
101 Functions of Council.
(1)
The general functions of the Central Milk Council shall be—
(a)
To carry on research and investigation relating to milk and milk products (including chemical, physical, bacteriological, and economic research):
(b)
To devise and promote as far as may be practicable improved methods of producing, collecting, treating, carrying, delivering, and distributing milk (including the distribution of milk in sealed containers):
(c)
To devise and promote as far as may be practicable means to prevent or eliminate wasteful, unnecessary, or unhygienic agencies, methods, practices, costs, or charges in connection with the production, collection, treatment, carriage, distribution, or sale of milk:
(d)
To publish reports, information, and advice concerning the production, collection, treatment, carriage, delivery, keeping, storage, preservation, and use of milk, and by these and other means to encourage the consumption of milk:
(e)
To encourage and assist any experimental, educational, or research work which in the opinion of the Council is in the interests of consumers, producers, or vendors of milk:
(f)
To co-ordinate, having regard to the objects for which the Council is established, the activities of Government Departments, local authorities, and other public bodies in relation to any of the foregoing matters:
(g)
To report to the Government from time to time upon matters affecting the objects for which the Council is established:
(h)
To make recommendations to the Government as to the constitution, union, alteration, or abolition of milk districts and Milk Authorities:
(i)
To guide and supervise the activities of Milk Authorities:
(j)
To make recommendations to the Government as to standards for milk which in the opinion of the Council should be adopted for the purposes of the Sale of Food and Drugs Act, 1908, or the Marketing Act, 1936, or for any other purpose whatsoever:
(k)
To make inquiries and recommendations on any matters referred to it by the Government.
(2)
The Council shall have such other functions as are by this Act or by any other Act imposed upon it.
(3)
The Council may carry out its functions either independently or in conjunction with any Government Departments, local authorities, or other public bodies or persons.
102 Council may require Milk Authority to operate pasteurization plant.
(1)
In any case where, after a local inquiry under the next succeeding section, the Central Milk Council is of opinion that a Milk Authority should acquire or establish and maintain and operate a plant for the pasteurization of milk, or should make arrangements to the satisfaction of the Council for the pasteurization of milk by some local authority or other Milk Authority for consumption in the district, the Council shall have power to direct the Milk Authority accordingly.
(2)
The Milk Authority shall, within such time as may be fixed by the Council, comply with any direction of the Council under this section as to the acquisition or establishment of a plant for the pasteurization of milk and shall thereafter maintain and operate the plant to the satisfaction of the Council.
103 Local inquiries by Council.
(1)
If for any reason the Central Milk Council considers it desirable so to do it may appoint one or more of its members, either with or without some other person or persons, to be a committee of the Council to conduct an inquiry—
(a)
As to the adequacy and effectiveness of the steps taken by any Milk Authority in carrying out its functions under this Act:
(b)
As to any dispute or difference referred to the Council under the next succeeding section:
(c)
As to the maximum amount that may be paid for the goodwill of the businesses of milk vendors:
(d)
As to the approval or revocation of the approval of any Supply Association or association of producers:
(e)
As to any other matter whatsoever within the functions of the Council.
(2)
For the purpose of enabling it to conduct the inquiry, any committee appointed under this section 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.
104 Council may settle differences between producers, vendors, and Milk Authorities.
(1)
In any case where a dispute or difference arises between a Milk Authority and any Supply Association or association of milk producers or of milk vendors, or between a Supply Association and any association of milk producers or of milk vendors, or between associations of milk producers and of milk vendors, as to the terms of licenses or contracts, or proposed terms for licenses or contracts, relating to the supply and sale of milk, any party to the dispute or difference may refer the matter to the Central Milk Council.
(2)
A committee of the Council appointed by the Council for the purpose under the provisions of the last preceding section may thereupon conduct an inquiry as to the matter and determine the matter of the dispute or difference.
(3)
If there are more members of the committee than one the decision of the majority shall be the decision of the committee, and if the members are equally divided in opinion the decision of the chairman of the committee shall be the decision of the committee.
(4)
The finding of the committee of the Council shall be final and binding on the parties to the dispute or difference.
(5)
This section shall not apply in any case where a person aggrieved by a decision of a Milk Authority has a right of appeal under the provisions of this Act.
(6)
Nothing in the Arbitration Act, 1908, shall apply to any inquiry or finding under this section.
105 Council may fix prices for goodwill.
(1)
The Central Milk Council may from time to time, after consultation with the Milk Authority of any district, fix in respect of the district the maximum amount that may be paid for the goodwill of the business of any milk vendor or of any milk vendor of any specified class or classes:
Provided that before so doing the Council shall give to any organization of milk vendors who appear to be interested an opportunity of making representations to the Council or a Committee of the Council in relation to the matter.
(2)
In fixing the maximum amount that may be paid for goodwill, the Council shall have regard to the amount of profits that might have been derived from the sale of milk in the district by a milk vendor of the appropriate class in the absence of any special concessions, subsidies, privileges, or protection granted to milk vendors or from which they receive benefit.
(3)
Public notice shall be given of any determination by the Council under this section and all persons shall be bound thereby.
(4)
Any person who after public notice has been given as aforesaid sells or buys the goodwill of the whole or any part of the business of a milk vendor at a price in excess of the amount for the time being fixed by the Council under this section commits an offence and is liable to a fine not exceeding twenty pounds or twice the amount of the excess, whichever is the greater.
106 Advisory Committees.
The Central Milk Council may from time to time as it thinks fit appoint any persons, whether members of the Council or not, as a technical committee or technical committees for the purpose of investigating and reporting to the Council on any matters relating to the objects for which the Council is established.
Milk Marketing Division
107 Milk Marketing Division of Marketing Department.
(1)
There shall be a Milk Marketing Division of the Marketing Department.
(2)
In so far as the functions of the Marketing Department are concerned with milk they shall be exercised by the Milk Marketing Division.
(3)
The Milk Marketing Division shall be charged with the administration of this Act.
1937, No. 21
(4)
Sections two and three of the Marketing Amendment Act, 1937, shall be read subject to the provisions of this section.
1939, No. 40
(5)
For the purposes of the Milk Marketing Division there may be established in the Reserve Bank of New Zealand an account to be known as the Milk Marketing Account. The provisions of sections five, six, and seven of the Marketing Amendment Act, 1939, shall apply as if the Milk Marketing Account were a special account established under the said section five.
1937, No. 21
(6)
Section twelve of the Marketing Amendment Act, 1937, is hereby amended by inserting in subsection one, after the words “Internal Marketing Account”
the words “or the Milk Marketing Account”
.
General
108 Inspections.
The Central Milk Council and any member thereof and any officer of the Milk Marketing Division may at any reasonable time enter and inspect any premises which are believed to be used as dairy premises or milk stores and examine and take notes, copies, or extracts of or from any books, documents, or papers relating to the production, supply, collection, treatment, storage, distribution, or sale of milk, and may examine any scales, measures, appliances, apparatus, utensils, or vehicles used in connection with the production, supply, collection, treatment, storage, distribution, or sale of milk, whether they are situated within a dairy or milk store or not.
109 Returns and information.
The Central Milk Council may from time to time require any Milk Authority, milk producer, milk vendor, Supply Association, or association of milk producers or milk vendors to supply to the Council such information or returns, within such time, as may be specified by the Council.
110 Authentication of instruments issued by Council.
(1)
Any determination, notice, direction requirement, consent, or other instrument made, given, imposed, or issued by or on behalf of the Council shall be sufficiently authenticated if it is signed by the Director on behalf of and by direction of the Council.
(2)
Every instrument purporting to have been executed by the Director on behalf of the Council shall, in the absence of proof to the contrary, be deemed for all purposes to have been duly executed.
111 Notice of exercise of Council’s powers.
(1)
The Council may publish notice of any determination, direction, requirement, condition, or consent made, given, or imposed by it either in the Gazette or in a newspaper circulating in the locality in which the matter of the determination, direction, requirement, condition, or consent arises or to which it relates, and all persons shall be bound thereby.
(2)
The Council may, without publishing notice of any such determination, direction, requirement, condition, or consent as aforesaid, give notice thereof to any person, and every person to whom notice is given shall be bound thereby.
112 Annual report of Council.
(1)
The Director shall in June in each year, or as soon thereafter as practicable, prepare and submit to the Minister of Health a report as to the operations of the Council for the year ended the thirty-first day of March then last past.
(2)
Every such report shall be laid before Parliament within one month after its receipt by the Minister if Parliament is then sitting and, if not, then within one month after the commencement of the next ensuing session.
Part IX Miscellaneous
113 Relief from contracts affected by Act.
Where any contract is in force at the date of the coming into operation of any special order, by-law, determination, direction, or other act of authority made, given, or done under this Act and compliance with the terms of the contract is prevented wholly or partially by the operation of the special order, by-law, determination, direction, or other act of authority, then in respect of such prevention, and to the extent to which it is due to any such act of authority, this Act shall be a defence to any action on the contract:
Provided that any party to the contract shall be entitled, notwithstanding any rule of law to the contrary, to recover the fair value of any goods supplied or work done before compliance with the terms of the contract was prevented as aforesaid.
114 Authentication of documents.
Every order, notice, or other document requiring authentication by any Board shall be sufficiently authenticated if signed by two members thereof, or by the Chairman, or by the Secretary, and it need not be under the common seal.
115 Notices.
(1)
Except as otherwise expressly provided in this Act or any regulations or by-laws thereunder, any notice required or authorized under this Act to be given to any person may be delivered to him either personally or by sending it to his last known place of abode or business by messenger or by post.
(2)
If the person is absent from New Zealand, the notice may be delivered as aforesaid to his agent in New Zealand. If he is deceased the notice may be delivered as aforesaid to his personal representative.
(3)
If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the notice may be delivered in such manner as may be directed by a Magistrate, or, if the notice relates to any land or building, it may be delivered by being delivered to the occupier thereof, or left with some inmate of his abode, or, if there is no occupier, either by being affixed in a conspicuous place on or to the land or building or on some road or street adjoining thereto, or by being publicly notified.
(4)
Notwithstanding anything in the foregoing provisions of this section, a Magistrate may in any case make an order directing the manner in which any notice is to be delivered, or dispensing with the delivery thereof.
(5)
A notice required to be given to a Milk Board shall be delivered either by leaving it at the office of the Board or by posting it by registered letter addressed to the Board at its office.
(6)
Every notice required to be given by a Milk Board shall be signed as provided in the last preceding section.
(7)
Where a notice is sent by post it must be sent so as to arrive in the due course of post on or before the latest time on which the notice is required to be served.
116 Power to rectify omissions or to validate irregularities, &c.
Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done after such time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor-General may, by Order in Council, at any time before or after the time within which such thing is required to be done, extend such time, or may validate anything so done after the time required, or so irregularly done in matter of form, or make such other provision for the case as he thinks fit.
117 Regulations.
(1)
The Governor-General from time to time, by Order in Council, may make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
All regulations made under this Act 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.
118 Dairy Industry Act, Health Act, and Sale of Food and Drugs Act not affected.
Nothing contained in this Act shall relieve any person from the obligation of complying with any of the provisions of the Dairy Industry Act, 1908, the Health Act, 1920, the Sale of Food and Drugs Act, 1908, or of any regulations made under any of those Acts.
119 Municipal Corporations Act affected.
1933, No. 30
Nothing in section three hundred and one or in paragraph (a) of subsection one of section three hundred and twenty-six of the Municipal Corporations Act, 1933, or in any by-laws made pursuant to paragraph (32) or paragraph (33) of section three hundred and sixty-four of that Act shall apply with respect to any borough or portion of a borough situated within a milk district.
120 Application of Act to City of Wellington.
(1)
Except as provided in the next succeeding subsection, nothing in this Act shall apply to the City of Wellington.
1919 (Local), No. 17
(2)
The provisions of Parts VII and VIII of this Act, except section ninety-four, shall extend and apply as if the City of Wellington were a milk district under this Act and the Wellington City Council were the Milk Authority of the district:
Provided that nothing in this Act shall be deemed to prohibit milk producers who under the Wellington City Milk-supply Act, 1919, are entitled to bring into the City of Wellington milk produced at their own dairies from continuing so to do.
121 Application of Act to Auckland Metropolitan Milk District.
1933 (Local), No. 19
(1)
At any time after a milk district is constituted under this Act which includes substantially the whole of the Auckland Metropolitan Milk District constituted under the Auckland Metropolitan Milk Act, 1933 (whether with or without additional areas), the Governor-General may by Order in Council make provision with respect to all or any of the matters referred to in subsection four of section eight of this Act as if the Auckland Metropolitan Milk Council, constituted under the said Act, were the original Milk Authority of the milk district and an Order in Council had previously been made changing the Milk Authority.
1935 (Local), No. 17
(2)
By the same or any other Order in Council the Governor-General may abolish the milk district and dissolve the Milk Council constituted under the Auckland Metropolitan Milk Act, 1933, and on the coming into force of the Order in Council the Auckland Metropolitan Milk Act, 1933, and the Auckland Metropolitan Milk Amendment Act, 1935, shall be deemed to be repealed.
(3)
Notwithstanding anything to the contrary in section eight of the Auckland Metropolitan Milk Act, 1933, no election or appointment of members of the Auckland Metropolitan Milk Council shall take place under that section in the month of February, nineteen hundred and forty-five, and every member of the Auckland Metropolitan Milk Council in office on the passing of this Act shall, unless his office sooner becomes vacant, continue in office until the members appointed or elected in the month of February, nineteen hundred and forty-seven, come into office.
122 Repeals.
1914 (Local), No. 10
(1)
Sections three to ten, thirteen, fourteen, and sixteen to eighteen of the Christchurch Milk-supply and Markets Act, 1914, are hereby repealed.
(2)
Section nineteen of the said Act is hereby amended by repealing paragraphs (a), (c), (d), and (e).
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Milk Act 1944
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