The Department of Labour has revealed two Tauranga stores were found open when they should not have been over Easter Weekend.
On Easter Sunday, the inspector visited three stores and found two open.
One of these was Mitre 10 Mega at Gate Pa.
Store manager Wayne Mansell said they were visited by an inspector but he did not know what the result of the visit would be at this stage.
"We haven't heard from the Department of Labour since Easter Sunday. I guess it's in their hands now," Mr Mansell said.<inline type="recurring-inline" id="1003" align="outside" enforce-sites="no" />
This was the fourth year Mitre 10 Mega had opened at Easter. Last year, they were fined $600. The maximum penalty was $1000.
The Shop Trading Hours Repeal Act, 1990, specifies most shops - particularly retail - must close on Christmas Day, Good Friday, Easter Sunday and until 1pm on ANZAC Day.
A Department of Labour spokeswoman confirmed the two Bay of Plenty stores listed online were in Tauranga but she would not identify them as they were "potentially facing prosecution".
"The department will decide to prosecute based on the evidence it has gathered and based on legal advice it receives."
The spokeswoman said businesses about whom complaints were received would get sent a warning letter and would most likely be visited next year.
Nationally, the Department of Labour visited 64 shops.
Of these stores, 41 were found to be in breach of the Act.