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Shop Trading Hours Act

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Deadline for submissions was Friday 25 January 2008, and the consultation is now closed.

APPENDIX 1: HISTORY OF AMENDMENTS TO THE SHOP TRADING HOURS LEGISLATION, HOLIDAYS ACT 2003 AND SALE OF LIQUOR ACT 1989

Changes to the Shop Trading Hours Act Repeal Act 1990 have been considered a number of times and these attempts, with the exception of the amendment considered and passed in 2001, have been unsuccessful. Table 1 provides a brief historical overview. Final outcomes of proposed changes have traditionally been decided as a conscience vote by Parliament.

Submissions to the Members' Bills, Easter Sunday Shop Trading Amendment Bill and Shop Trading Hours Act Repeal (Easter Trading Amendment Bill) commented on Easter Sunday and its status as a public holiday. Table 2 provides a brief historical overview. The Quality Regulatory Review has provided the first opportunity for government to consider any change to Easter Sunday as a public holiday under the Holidays Act 2003.

Table 3 provides a brief historical overview of the Sale of Liquor Act 1989.

Table 1: Shop Trading

Bill

Sponsor

Description

Result

Shop Trading Hours Act Repeal Bill

Government Bill

The Shop Trading Hours Act Repeal Act 1990 repealed the 1977 Act and removed trading restrictions except for Christmas Day, Good Friday, Easter Sunday, and before 1pm on ANZAC Day.

Passed 1990

Shop Trading Hours Repeal Act (Easter) Amendment Bill

Initially introduced by the late Robert Anderson and re-introduced by Katherine O'Regan (National) 1997

This Bill followed a number of shop trading prosecutions in 1995 involving Mt Maunganui retailers. These cases focused on the definition of "personal" goods and proposed unrestricted trading on Easter Sunday.

Did not proceed following Select Committee 1997

Shop Trading Hours (Repeal of Restrictions) Bill

Patricia Schnauer, ACT 1997

This Bill proposed total deregulation of shop trading hours, so that shops would be able to trade on any day of the year.

Did not proceed to Select Committee 1997

Shop Trading Hours Act Repeal Amendment Act 2001

Government Bill. Introduced in March 2001.

This Bill allowed garden centres to open on Easter Sunday.

Passed April 2001

Rotorua District (Easter Sunday Shop Trading) Bill

Steve Chadwick, Labour. Introduced October 2002

The focus of this Bill was to provide partial exemption from the Shop Trading Hours Act Repeal Act 1990 in order to allow shops in the Rotorua District to be open on Easter Sunday from 9am to 5pm.

Did not proceed following Select Committee, March 2003.

Shop Trading Hours Act (Abolition of Restrictions) Amendment Bill

Rodney Hide, ACT initially introduced by Patricia Schnauer and re-introduced in 1999, as the Shop Trading Hours (Repeal of Restrictions Bill)

Initially this Bill proposed removal of trading restrictions for all except ANZAC Day. The Bill was substantially amended by the Commerce Committee to reflect the 2003 Working Group's proposal to remove restricted trading on Easter Sunday, which would give employees the right to refuse to work that day, and provide leaseholder protection.

Did not proceed following Select Committee, May 2004.

Shop Trading Hours (Easter Trading Local Exemption) Bill

Doug Woolerton, NZ First. Introduced originally by the Rt Hon Winston Peters in 1998

This Bill attempted to give local authorities the power to decide whether shops can trade on Easter Sunday.

Did not proceed to Select Committee, September 2004.

Easter Sunday Shop Trading Amendment Bill

Jacqui Dean

National

The proposed amendment was to allow shops in certain areas with significant visitor industries to remain open on Good Friday and Easter Sunday.

Did not proceed past second reading in May 2007.

Shop Trading Hours Act Repeal (Easter Trading) Amendment Bill

Steve Chadwick

Labour

This amendment sought to enable territorial authorities to decide whether retail shops in their districts may be open on Easter Sunday. The Bill required territorial authorities to consult their communities before making any such decision through consultative procedure provided for in Part 6 of the Local Government Act 2002.

Did not proceed past second reading in May 2007.

Table 2: Holidays Act

Bill Sponsor Description Result
Holidays Bill

Government Bill

Proposed changes to make entitlements easier to understand and apply than the Holidays Act 1981. No changes to the 11 public holidays in 1981 Act, though some amendments were made that enabled transfer of public holidays for Christmas and New Year from Sunday to Monday when these days fell on a Sunday.

Passed 2003

Table 3: Sale of Liquor Act

Bill Sponsor Description Result
Sale of Liquor Amendment Bill

Government Bill

General Sunday trading restrictions were removed, with the exception of Easter Sunday but a new restriction was added to restrict trading on Anzac Day (before 1pm).

Passed 1999

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