Easter Sunday may become a regular trading day for New Zealand
shops and businesses depending on the outcome of the Shop Trading
Hours Amendment Bill. However, it seems to be causing more
confusion than ever.
The Shop Trading Hours Amendment Bill (the "Bill") was
introduced to Parliament in October 2015. The purpose of the Bill
is "to allow the statutory restrictions on shops opening
on Easter Sunday to be removed by granting the territorial
authorities the power to create bylaws to permit all shops to open
in all or part of their districts on Easter Sunday".
Territorial authorities would be required to each carry out a
special consultative procedure in order to establish bylaws in the
respective territory regarding Easter trading hours (i.e. whether
shops are permitted to be open or not).
To mitigate the impact on workers who wish to keep Easter
weekend as a holiday, the Bill would also allow shop workers to
refuse to work the Easter Sunday without being required to provide
any reason. The Bill would amend the Shop Trading Hours Act Repeal
The government has received a multitude of submissions on the
Bill from various stakeholders including local councils and
organisations from the retail and tourism industries. A common
theme throughout the submissions is that providing for a
territory-by-territory approach (as currently drafted) the Bill
will lead to further confusion country-wide, both for store owners
and patrons alike, as well as significantly impacting budgets of
In its submission, the Christchurch City Council noted that a
special consultative procedure can cost the council between
$12-25,000, and therefore "assuming a figure of $15,000 for a
special consultative procedure on the issue, and multiplying this
by 67 territorial and unitary authorities results in a figure of
over $1m for consultation on this one issue" (which is to be
repeated every five years).
The costs associated with requiring each of the 67 authorities
to go through the consultative process to pass its own bylaws,
along with inherent confusion for both businesses and consumers on
where and which shops will be open on Easter Sunday seems to
outweigh any benefits proposed by the Bill. Tourism Industry
Association NZ in particular argued that the inconsistency of shops
being open in some places but then closed in others will be
confusing for visitors who tend to move quickly between regions in
The general consensus in reaction to the proposed Bill is that
this is a matter that is best decided upon at the national level,
limiting costs and providing consistency and certainty in the law
for business owners throughout New Zealand.
Despite the overwhelming number of submissions received earlier
this year being unsupportive of the Bill in its current form, the
Select Committee failed to make any changes to the first draft, and
in June 2016 the Bill passed its second reading.
The Bill is now being considered by the Committee of the Whole
House before its third reading. We will have to wait and watch this
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