Decision reserved in Easter Sunday trading challenge in Napier

Dr Robin Gwynn has challenged the Napier City Council over its stance on Easter Sunday trading. Photo / File

A judge late yesterday reserved a decision on a historic application for a judicial review challenging Napier City Council to rethink its adoption of a local policy for Easter Sunday shopping.

The application, lodged by 2002-2007 councillor Dr Robin Gwynn, was heard by Justice Robert Dobson in the High Court at Napier yesterday, and comprised affidavits and written and oral submissions by lawyers Martin Williams, for Gwynn, and Matthew Lawson, for the council, a debate lasting about four hours.

Of the country's 67 territorial local authorities, 42 decided on local policies after legislation in 2016 enabled them to give the option of trading on Easter Sunday to the businesses. The Hastings District Council was one of those to decide against a local policy.

Businesses in areas without such a policy would still be breaking the law by trading on Easter Sunday, which Gwynn points out is part of just three-and-a-half days of common break days remaining on the New Zealand calendar, compared with more than 100, including all Sundays, before the Shop Trading Hours Act of 1990.

Williams presented four supporting affidavits representing church and trade union interests, while Lawson presented one, from a council officer.

The applicant argues the council did not consult properly before reaching its decision in February last year, and the process was unfair to specific interests — church groups and employees who would be asked to work on Easter Sunday.

If the council were directed to reconsider, it would have to consult with such groups, said Williams, highlighting the controversial nature of the subject, and the fact that according to one MP there had been at least 10 bills covering Easter Sunday trading since 1990.

Lawson said there had been twoEaster Sundays since the adopting of the policy and there had been no evidence of the impact on employees working the otherwise longstanding day off, or on "families, Christians ... or anyone else for that matter."
He said that "all the policy does is provide a choice", for businesses, staff and shoppers.