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Home / New Zealand

Easter trading laws an unholy mess: retailers

NZPA
19 Mar, 2008 04:00 PM4 mins to read

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Different shops open at different times over Easter. Photo / Brett Phibbs

Different shops open at different times over Easter. Photo / Brett Phibbs

KEY POINTS:

For many, Easter is a time of holidays, chocolate or religion, but for retailers and the hospitality industry it remains a time of frustration and confusion due to trading restrictions.

New Zealand Retailers Association CEO John Albertson said it was frustrating that another year had passed and recent
opportunities to clean up the laws had stalled.

The Government recently sought opinions on a discussion document on the future of Easter trading laws.

It followed the defeat of a bill that would have allowed local councils to decide whether shops in their areas should be able to open on Easter Sunday. An earlier bill that would have allowed all shops to open on Easter Sunday was also defeated.

A number of exemptions for shops to open on Easter Sunday already exist. Some tourist destinations, such as Queenstown and Taupo, can trade, as can dairies and service stations selling food, drink, household items, personal items and fuel and automotive parts.

Shops selling mainly souvenirs, duty-free goods, pharmacies and garden centres were also able to trade.

Mr Albertson said the association, which has more than 6000 retailers nationally, had responded to the discussion document.

"Yet again the opportunity to clear up the current labyrinth of exemptions is on the table but as the issue is a political hot potato, the ideal outcome seems far from being reached," he said.

Demand in areas like Wanaka, which has an air show this weekend, was such that stores could open and risk prosecution.

"That's a risk many of them are probably willing to take rather than locking tourists and visitors out in the cold and leaving them with the memory of a ghost town."

He said shopper behaviour and the makeup of the retail market had outgrown current trading laws which needed to be "hauled out of the 90s". The association supported protections being created for workers so they could decide whether or not to work, without penalty.

"We have had considerable anecdotal comment that if staff are already working Saturday and Monday then they would like the income opportunity of working Sunday as well," he said.

The association's argument was based on a right to choose for all parties - the consumer whether they wished to shop, the retailer whether they wished to open, and the employee whether they wished to work.

Meanwhile, the hospitality industry was seeking the tolerance of customers this Easter as it continued to struggle with confusing restrictions imposed by the Sale of Liquor Act and Holidays Act.

"Both of these pieces of legislation impact on different days over Easter and in different ways," Hospitality Association chief executive Bruce Robertson said. The rules are:

* Bars trading on the Thursday before Good Friday must close at midnight unless they hold an entertainment, restaurant or special licence.

* On Good Friday, bars are limited to trading for the purposes of dining, but restaurants, clubs and those with entertainment licences can trade normally. However, because it is a statutory holiday, additional staff costs may mean many businesses close or apply a surcharge.

* Easter Saturday is a normal trading day, but bars must close at midnight.

* Easter Sunday is not a statutory holiday so surcharges will not apply, but under the Sale of Liquor Act bars may only be open for the purposes of dining.

* Easter Monday is a normal trading day under the Sale of Liquor Act, but is a statutory holiday so some operators may close or apply a surcharge.

Meanwhile, Green Party industrial relations spokeswoman Sue Bradford said last week the party would like to see the Department of Labour given the power to close businesses for the day if they broke the law, rather than the current $1000 fine.

And Anglican Church leaders were continuing to lobby hard against allowing more shops to open on Easter Sunday as it was a time to celebrate God.

- NZPA

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