Media Releases
Department of Labour to visit retailers this Easter
13 April 2006
Department of Labour staff will be visiting retailers open on Good Friday and Easter Sunday, Principal Labour Inspector Muriel Kelly said.
“As the agency responsible for administering the Shop Trading Hours Act Repeal Act 1990, the Department visits retailers on restricted days to ensure they are complying with the law.
“The Act specifies three and a half days each year on which most New Zealand retailers must close – Christmas Day, Easter Friday, Easter Sunday and until 1pm on Anzac Day.
“The Act is clear on which retailers are exempt from shop trading restrictions and which are not, and the Department encourages retailers to contact it prior to Easter if they are uncertain whether they are able to open on Good Friday and Easter Sunday.
“The Department’s priority is ensuring retailers are well informed of the legislation. However, the Act has been law since 1990 – it’s not new legislation - and if a business remains open when it’s not exempt further steps will be taken,” she said.
The Act allows certain types of shop to remain open on restricted days. These are shops whose main purpose is to provide essential supplies in quantities which people in the area or travelling through may need, shops providing food ready to eat, souvenir and duty free shops, pharmacies, and shops in premises where there are bona fide shows or exhibitions.
Shops in locations covered by area exemptions issued by the former Shop Trading Hours Commission, under the previous law, may also trade on restricted days.
“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,” Ms Kelly said.
“Department of Labour staff cannot make exceptions to area exemptions or redefine the boundaries of these areas – they are defined by law.
“If a business does not clearly fit into one of the exempted categories, it is an offence to open and trade during any time the law restricts trading, and the owner or occupier of the shop may be prosecuted and fined up to $,1000.”
77 retailers were successfully prosecuted as a result of Department of Labour visits to retailers on Good Friday and Easter Sunday 2005.
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For more information, please see the updated shop trading fact sheet on the Department of Labour’s website: and see information below.
SHOP TRADING QUESTIONS AND ANSWERS
Q: How can retailers get more information?
Retailers can visit the Department’s website for information on the rules around shop trading.
Retailers wanting personalised information on how the law applies to them can call the Department during business hours on 0800 20 90 20. The Department will make an assessment on whether or not the retailer can open, based on the information provided.
Retailers wanting guidance in writing on how the law applies to them can write to the Department – either by submitting an on-line question using the ‘Ask a Question’ facility available at Employment Relations, or by writing to the Department at PO Box 105 183 Auckland Central 1030.
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.
Two bills aimed at amending shop trading laws, drafted by Rotorua Labour MP Steve Chadwick and Otago National MP Jacqui Dean, have yet to be drawn in a parliamentary ballot.
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