There is hereby established a Board, to be called the New Zealand Apple and Pear Marketing Board.

The Board, the members of which shall be appointed by the Governor-General on the recommendation of the Minister, shall consist of:—

The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

The provisions of this section shall apply with respect to the appointment of the first members of the Board and to every subsequent appointment or reappointment, whether to fill an extraordinary vacancy or not.

Before the Minister makes any recommendation to the Governor-General for the appointment or reappointment of any member of the Board, whether as the Chairman or otherwise, the Minister shall consult the Fruitgrowers’ Federation and obtain the views of the Fruitgrowers’ Federation thereon.

The number of names on the panel of names to be submitted by the Fruitgrowers’ Federation in the case of the appointment of any members whose names are to be selected by the Minister from any such panel of names, shall be a number twice as great as the number of members required to be so appointed.

Except as otherwise provided in this Act, every member of the Board shall be appointed for a term of three years, but may from time to time be reappointed.

Notwithstanding anything to the contrary in this Act, every member of the Board, unless he sooner vacates his office otherwise than by effluxion of time, shall continue to hold his office until his successor comes into office.

With respect to the first members of the Board appointed under paragraph (b) of subsection two of section three hereof the following provisions shall apply:—

With respect to the first members of the Board appointed under paragraph (c) of subsection two of section three hereof the following provisions shall apply:—

Any member of the Board may at any time be removed from office by the Governor-General for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may at any time resign his office by written notice given to the Minister.

If any member of the Board dies, or resigns, or is removed from office, the vacancy shall be deemed to be an extraordinary vacancy.

In the case of an extraordinary vacancy the Governor-General may appoint some person to fill the vacancy. Any such appointment shall be made in the same manner as the appointment of the vacating member.

If the member who vacated office was the Chairman, the person appointed Chairman in his place shall be appointed for a term of three years. In every other case, the person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.

The powers of the Board shall not be affected by any vacancy in the membership thereof.

In any case in which the Minister is satisfied that the Chairman or any other member of the Board is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Minister, after consultation with the Fruitgrowers’ Federation, may appoint a deputy to act for the Chairman or for that other member during his incapacity. In the case of the incapacity of the Chairman his deputy may or may not be one of the other members, and if the deputy of the Chairman is one of the other members some other person may be appointed to act as the deputy of that member.

Any deputy appointed under this section shall, while he acts as such, be deemed to be a member of the Board, and the deputy of the Chairman shall have all the powers of the Chairman.

No appointment of a deputy and no acts done by him as such, and no act done by the Board while any deputy is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

The first meeting of the Board shall be held on a day to be appointed in that behalf by the Minister.

Subsequent meetings of the Board shall be held at such times and places as the Board from time to time appoints.

The Chairman of the Board, or any two members thereof, may at any time call a special meeting of the Board.

At all meetings of the Board the quorum necessary for the transaction of business shall be three members, including at least one member appointed pursuant to paragraph (b) of subsection two of section three hereof and at least one member appointed pursuant to paragraph (c) of the said subsection two.

The Chairman shall preside at all meetings of the Board at which he is present.

In the absence of the Chairman from any meeting of the Board the members present shall appoint one of their number to be the Chairman of that meeting.

All questions arising at any meeting of the Board shall be decided by a majority of the valid votes recorded thereon.

At any meeting of the Board the Chairman shall have a deliberative vote. In the case of an equality of votes the Chairman shall also have a casting vote.

A resolution in writing signed, or assented to by letter or telegram, by all the members of the Board shall be as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.

Subject to the provisions of this Act and of any regulations thereunder, the Board may regulate its procedure in such manner as it thinks fit.

The Board may from time to time appoint such Advisory or Technical Committees as it thinks fit to advise the Board on such matters concerning the apple and pear growing industry or the marketing of apples and pears as are referred to them by the Board.

Each Advisory or Technical Committee may, in addition, furnish to the Board reports on any matter relating to the apple and pear growing industry or the production or marketing of apples and pears in respect of which the members of the Committee have special knowledge or experience.

Any person may be appointed to be a member of a Committee appointed under this section, notwithstanding that he is not a member of the Board.

The principal functions of the Board shall be to acquire and market apples and pears grown in New Zealand or imported into New Zealand, to determine as hereinafter provided the prices which it is to pay therefor, and to exercise and perform such functions, powers, and duties in relation to the marketing of apples and pears in New Zealand or elsewhere as are conferred or imposed on it under this Act or otherwise howsoever.

It shall be a function of the Board to report to the Minister from time to time concerning—

The Board shall have all such other functions as are by this Act or otherwise conferred upon it.

The Board shall have all the powers and authority necessary, conducive, or incidental to the performance of its functions. In the exercise of its functions and powers, the Board shall comply with the general trade policy of the Government of New Zealand, and shall comply with any general or special directions given by the Minister to the Board pursuant to the policy of the Government in relation thereto.

Without limiting any of the powers conferred on the Board by this Act or otherwise howsoever, the Board shall have full authority to make and carry out such arrangements and give such directions as it thinks proper for any of the following purposes:—

This Part of this Act shall apply with respect to all apples and pears that may, in accordance with any regulations for the time being in force under the Orchard and Garden Diseases Act, 1928, be sold for the purposes of human consumption and that are grown in New Zealand in the season commencing on the first day of December, nineteen hundred and forty-eight, and in every subsequent season, and to all apples and pears imported into New Zealand.

This Part of this Act shall apply only to fresh apples and pears whether or not they have been at any time chilled, frozen, or gassed, but shall not apply to any apples or pears that have been canned, dried, converted into jam, or otherwise treated for the purposes of preservation.

Except as otherwise provided by this Act, or in regulations made thereunder, all apples and pears to which this Part of this Act applies shall be purchased by the Board at the prices fixed in accordance with the provisions of this Act.

It shall not be lawful for any grower to sell any apples or pears to which this Part of this Act applies except to the Board or in accordance with regulations made under this Act.

Regulations made under section thirty-three hereof may provide for the sale of apples or pears by growers to persons other than the Board.

Any such regulations may prescribe—

In each season the Board shall advise the Minister of its estimates of any variations that will take place in the next ensuing season between the costs of production of apples and pears grown in the current season and the costs of production of apples and pears to be grown in the next ensuing season.

The Minister, after receiving the advice of the Board under the last preceding subsection and after consultation with the Board, shall, in each season, declare in respect of the next ensuing season, the standard cost of production of apples and pears.

Notwithstanding the foregoing provisions of this section, the standard cost of production declared in respect of the season commencing on the first day of December, nineteen hundred and forty-eight, shall be declared by the Minister, after receiving such advice from the Board as he considers necessary, during that season, but as soon as practicable after the commencement thereof.

Regulations made under section thirty-three hereof may prescribe the classes of costs to be considered by the Board when advising the Minister and may prescribe the quantity of apples and pears in relation to which the standard cost of production is to be declared and standard conditions that the Board shall take into consideration when making its estimates under this section.

Before the thirty-first day of March in each season, the Minister, after consultation with the Board, shall determine and declare the average price to be paid by the Board to growers for apples and pears grown during that season.

The average price declared under the last preceding subsection in respect of any season shall not be more than sixpence above or less than sixpence below the standard cost of production declared under section fifteen hereof in respect of that season.

The average price to be paid to growers by the Board and the standard cost of production shall be determined in relation to the same quantity of apples and pears.

The average price to be paid to growers by the Board and the standard cost of production shall be determined in respect of apples and pears grown in the Hawke’s Bay District and the Nelson District, but shall apply to all apples and pears grown in New Zealand to which this Part of this Act applies.

In determining the average price in accordance with this section, regard shall be had to the following considerations:—

The prices to be paid by the Board to growers in respect of apples and pears which become the property of the Board shall be fixed by the Board in respect of each season.

Different prices may be fixed in respect of different kinds of apples or pears, or in respect of different grades, qualities, or sizes of the same kind of apples or pears, or by reason of any other special conditions or circumstances that in the opinion of the Board warrant the fixing of different prices, and any prices fixed under this section may from time to time be varied by the Board.

In fixing prices under this section regard shall be had to the average price declared in accordance with section sixteen hereof so that the provisions of subsection two of section twenty-three hereof may be complied with.

Where apples and pears purchased by the Board are grown in districts other than Nelson or Hawke’s Bay the Board may pay to the growers of the apples and pears, in addition to the prices fixed under the foregoing provisions of this section, such amounts in respect of any such apples and pears purchased by it as may be from time to time determined by the Board:

Provided that any amount paid under this subsection shall not exceed the amount of the cost of transportation that would have been incurred if the apples and pears in respect of which the payment is made had been transported in the most economical manner from the Nelson District or the Hawke’s Bay District (according to which of those districts is more convenient of access) to the principal town in the district in which the apples and pears were grown.

Notification of the standard cost of production declared under section fifteen hereof and the average price to be paid to growers determined in accordance with section sixteen hereof shall be published in the Gazette.

For the purposes of this Act there shall be established at the Reserve Bank of New Zealand an account to be known as the Apple and Pear Industry Account.

The Apple and Pear Industry Account shall be operated on by cheque signed by or on behalf of the Chairman of the Board and countersigned by or on behalf of the Audit Office. For the purposes of this subsection the Board may from time to time authorize any member, officer, or agent of the Board to sign cheques on behalf of the Board.

The Reserve Bank may grant to the Board, and the Board may receive from the Reserve Bank, accommodation by way of overdraft in aid of the Apple and Pear Industry Account, and that account may be overdrawn accordingly:

Provided that the amount of the accommodation by way of overdraft shall not at any time, except with the prior consent of the Minister of Finance, exceed in amount the total purchase-price which has been paid by the Board for apples and pears which it has acquired under this Act and which are for the time being unsold or in respect of which no part of the selling-price has been received by the Board, together with the sum of the amounts paid for freights, storage, insurance, and other charges in connection with any such apples and pears:

Provided also that the Reserve Bank shall be entitled to accept a certificate in writing signed by the Chairman of the Board, or some person duly authorized by him, as conclusive evidence of the amount of the aforesaid purchase-price, freights, storage, insurance, and other charges.

The grant by the Reserve Bank of accommodation by way of overdraft as aforesaid shall not, for the purposes of section fourteen of the Reserve Bank of New Zealand Act, 1933, be deemed to be the making of unsecured loans or advances.

Any moneys of the Board which are available for investment may be invested in the manner following:—

For the purposes of this Act the Board may open at the Reserve Bank or at any branch or agency of the Bank of New Zealand (whether in New Zealand or elsewhere) such imprest or other subsidiary accounts as it may from time to time deem necessary or desirable.

There shall from time to time be payable into the Apple and Pear Industry Account all moneys derived from the operations of the Board or payable to the Board and any other moneys that may be lawfully payable to the Account.

There may from time to time be paid out of the Apple and Pear Industry Account—

The prices which the Board fixes under section seventeen hereof and the additional payments authorized under subsection four of that section shall be duly paid as required by this Act.

The total amount paid by the Board for all apples and pears purchased by it from growers in any season, excluding any amounts paid under the authority of subsection four of section seventeen hereof, shall be equal to the amount that would have been payable had all such apples and pears been purchased by the Board at the average price for that season determined in accordance with section sixteen hereof.

If the apples and pears purchased by the Board during any season are sold by the Board for a sum greater than that paid therefor by the Board the surplus, after the deduction therefrom of all authorized costs and expenses incurred by the Board, shall be retained by the Board as a reserve fund.

If the apples and pears purchased by the Board during any season are sold by the Board for a sum less than the total of the amount paid or payable therefor by the Board and the amount of all authorized costs and expenses incurred by the Board during that season, the deficiency shall be paid from any amount that may for the time being be in the reserve fund established under the last preceding subsection:

Provided that nothing in this subsection shall be construed to prevent the Board from paying the amount, or any part of the amount, of any such deficiency otherwise than from the said reserve fund.

The Minister of Finance is hereby empowered, for the purpose of giving effect to the foregoing provisions of this section,—

In any case where for the purposes of this section the Minister of Finance consents to the borrowing by the Board of any sums either by way of overdraft from the Reserve Bank or otherwise, the Minister of Finance may give such guarantees as he thinks fit in respect of the amounts borrowed by the Board.

If at any time the Minister of Finance is satisfied that the Board has available moneys in excess of the amounts reasonably required for the carrying-out of the functions of the Board, he may require the whole or any part of the excess to be repaid to the Public Account in reduction of any sums advanced to the Board out of the Public Account, and the sum so required to be repaid shall be forthwith paid by the Board to the Public Account.

The Board may appoint such officers as it deems necessary for the efficient carrying-out of its functions under this Act.

The Board may, out of the Apple and Pear Industry Account, make payments to or subsidize the National Provident Fund or any fund or scheme established with the approval of the Governor-General in Council for the purpose of providing superannuation or retiring-allowances for its officers and servants.

The Board may from time to time, with the consent of the Minister, arrange that any of its duties or functions, other than those under section seventeen hereof, may be performed on its behalf, whether in New Zealand or elsewhere, by the Marketing Department or by some other agent appointed for the purpose, and the Marketing Department is hereby authorized to act as agent for the Board.

In respect of the services rendered under this section by the Marketing Department there shall, without further authority than this section, be paid out of the Apple and Pear Industry Account to the Marketing Department such amounts by way of payment for these services as are agreed upon between the Board and the Minister.

Any contract which, if made between private persons, must be by deed shall, if made by the Board, be in writing under the common seal of the Board.

Any contract which, if made between private persons, must be signed by the parties to be charged therewith shall, if made by the Board, be either under the common seal of the Board or signed by two members of the Board on behalf of or by direction of the Board.

Any contract which, if made between private persons, may be made orally may be similarly made by or on behalf of the Board by any two members acting by direction of the Board, but no oral contract shall be made for any sum exceeding fifty pounds.

The Board may by writing under its common seal empower any person, either generally or in respect of any specified matters, to execute instruments on its behalf in any place in or beyond New Zealand. Any instrument executed by such an attorney on behalf of the Board shall bind the Board, and if executed as a deed shall have the same effect as if it were under the common seal of the Board.

Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of the Board 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 Board or to give effect to a resolution of the Board.

The accounts of the Board shall be audited by the Audit Office, which for that purpose shall have all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys and public stores and the audit of local authorities’ accounts.

The Board shall not borrow any moneys or mortgage or charge any of its property without the prior consent in writing of the Minister of Finance:

Provided that nothing in this section shall apply with respect to any borrowing by way of overdraft from the Reserve Bank of New Zealand in accordance with section nineteen hereof.

The Board shall pay to the Chairman and to the members of the Board such remuneration by way of salary, fees, or allowances as the Governor-General in Council from time to time approves, either generally or in any particular case.

The Board shall pay to the Chairman and to the members of the Board and to the members of any committee appointed by the Board such travelling-expenses and such allowances as may from time to time be prescribed by regulations made under this Act or as may be approved by the Minister of Finance in any case to which regulations do not apply.

The Board shall be exempt from land-tax and income-tax, and from the social security charge.

The Board shall, as soon as practicable after the thirtieth day of November in each year, furnish to the Minister a report of its proceedings and operations for the year ended on that date together with a copy of its accounts for that year

A copy of the report and of the accounts shall be laid before Parliament within twenty-eight days after the same have been furnished to the Minister if Parliament is then in session and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

Every person commits an offence against this Act who—

Every person who commits or attempts to commit, or does any act with intent to commit, or counsels, procures, aids, abets, or incites any other person to commit any offence against this Act, or against any regulations made for the purposes of this Act, shall be liable on summary conviction to a fine not exceeding two hundred pounds, in the case of an individual, and, in the case of a company or other corporation, to a fine not exceeding one thousand pounds.

The Governor-General may from time to time, by Order in Council, in accordance with recommendations made by the Minister, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:—

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

The New Zealand Fruit-export Control Board established under the Fruit Control Act, 1924, is hereby dissolved.

All assets of the New Zealand Fruit-export Control Board in existence on the commencement of this Act shall, without further authority than this section, be vested in the Board, and shall be used by the Board for the purposes of furthering the sales of apples and pears in the manner authorized by paragraph (e) of section eleven hereof.

The enactments mentioned in the Schedule hereto are hereby repealed.

The Apple and Pear Marketing Regulations 1942 and the Apple and Pear Marketing Regulations 1942, Amendment No. 1, are hereby revoked.