Shop Trading Hours For Easter 2005

Wednesday 23 March 2005

"The Department of Labour reminds retailers and market operators that, in general, they can't open on Good Friday or Easter Sunday," says the Department's Deputy Secretary Workplace, Andrew Annakin.

"There are some exemptions and exceptions, but in general a retailer shouldn't open on those restricted days," Mr Annakin said.

Shop trading hours are regulated by the Shop Trading Hours Act Repeal Act 1990. This was amended by the Shop Trading Hours Act Repeal Amendment Act 2001, which allowed garden centres to open on Easter Sunday. Garden Centres are defined as 'shops whose sole or principal business is the sale of plants or garden supplies or both'.

"While many previous restrictions on shop trading no longer exist, restrictions remain for trading on Good Friday, Easter Sunday, Christmas Day and until one o'clock on Anzac Day," Mr Annakin said.

The exceptions provide for certain categories of shop that may trade on restricted days. They are:

• dairies and service stations selling food, drink, personal items, fuel, parts and accessories
• shops selling mainly souvenirs or duty-free goods
• restaurants and takeaway bars
• bookstalls at public passenger transport terminals
• pharmacies
• shops at genuine exhibitions and shows
• shops in areas covered by area exemptions issued by the former Shop Trading Hours Commission, under the previous law.

"Generally, these area exemptions apply to tourist resorts such as Queenstown and central Taupo. These shops may still open on all or any of the restricted days, but only if their exemption order allows them to open," Mr Annakin said.

"If any retailers are unsure of the shop trading legislation restrictions for trading over Easter, they can check www.ers.dol.govt.nz for more information."

ENDS

Shop Trading Questions & Answers

Q: Why can't shops open on Good Friday and Easter Sunday?
A: The Shop Trading Hours Act 1977 placed significant restrictions on the hours and days that shops could operate. This law was amended in 1990 to provide much greater freedom for retailers. It permitted retailers to open up to 24 hours a day, seven days a week. The only exception to this was the requirement to close on Christmas Day, Good Friday, Easter Sunday and the morning of ANZAC Day.

Q: So why are shops in some areas, like Queenstown, allowed to open?
A: The previous legislation allowed areas to obtain exemptions from the restricted hours. This generally applied to areas that had significant tourist traffic. When the 1990 Act was passed, any existing exemptions were continued.

Q: But retailers now can't get an exemption?
A: That's right. The 1990 legislation provided a significantly freer environment for retailers. They are now free to open at any time apart from those 3 ½ days. Parliament felt that there was no need to continue with granting exemptions.

Q: Garden centres are different though?
A: Yes, in 2001 an amendment was passed to the legislation that allowed garden centres to open on Easter Sunday.

Q: So why have garden centres been treated differently?
A: Since 1997 there have been five bills before Parliament proposing amendments to the legislation. Only one has passed - the one giving garden centres an exemption on Easter Sunday. Following conscience votes, the others have all failed to get sufficient support in Parliament.

Q: But why have the restrictions anyway? Why can't retailers open when they want?
A: That is what Parliament has decided. Retailers can open when they want for 361 ½ days of the year. They have restrictions on only 3 ½ days a year - days that have a great deal of significance for a great many New Zealanders.

Q: Are there any plans to change the law?
A: Any changes to legislation are the responsibility of Parliament. Parliament determines the law and the Department administers it. There is no legislation currently before Parliament regarding this issue.