Shop Trading Hours Act

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APPENDIX 2: SHOPS WHICH MAY REMAIN OPEN UNDER THE SHOP TRADING HOURS ACT REPEAL ACT 1990

Section 4: Certain shops may remain open

1. Section 3(1) of this Act does not apply to a shop if it is -
   1. A shop where -
      1. The goods for sale include nothing that is not food, drink, a household item, a personal item, an automotive fuel, an automotive lubricant, an automotive part, or an automotive accessory, of a kind that people may reasonably need to be able to buy at any time; and
      2. The quantity of goods for sale is no greater than that sufficient to meet the demands of the people who live or are staying in the area where the shop is, and people (other than people travelling in order to buy goods at the shop) travelling through the area; or
   2. A shop whose principal business is selling goods falling into one or other of the following categories:
      1. Goods intended to be bought as souvenirs:
      2. Duty free goods (that is to say goods sold from or through any premises licensed as an export warehouse under Part 4 of the Customs Act 1966 to people intending to take the goods out of New Zealand):
      3. Prepared or cooked food ready to be eaten immediately in the form in which it is sold; or
   3. A shop at any public passenger transport terminal, or at any station where public passenger transport services stop, whose principal business is selling goods falling into one or other of the following categories:
      1. Books, magazines, and newspapers:
      2. The categories specified in paragraph (b) of this subsection; or
   4. A pharmacy; or
   5. A shop in premises where a bona fide exhibition or show devoted (entirely or primarily) to agriculture, art, industry, and science, or any of those matters, is being held.
2. Section 3(1) of this Act does not apply to a shop in respect of its remaining closed at any time on any day if-
   1. On the 31st day of July 1990 there was in force in respect of the area in which the shop is situated an order under section 20 of the repealed Act (applied for under section 18(2) of that Act) authorising shops to be open at that time on that day; and
   2. All conditions (if any) subject to which the order was made are being (or, as the case may be, have been) complied with.