By MICHAEL FOREMAN
The manager of an Auckland cyber cafe says the only way to tell whether complicated trading hours laws applied to his business was to risk a hefty fine.
LiveWire Mid City manager Reece Beardsall said he was fairly sure opening over Easter would not fall foul of the law,
but he engaged business consultant Peter Tutty to make certain.
"After the experience of garden centres a couple of years ago, we decided that if we were going to open, then we were going to open legally."
Mr Tutty rang the Department of Labour, which told him that shops supplying services could open on Good Friday, Easter Sunday and until noon on Anzac Day. Those supplying goods could not.
Mr Tutty said some of the cafe's trading provided a service, which was allowed under the law.
But the cafe also supplied materials, which he was worried could be construed as providing goods - a $1000 fine according to the law.
"The helpline couldn't tell me whether it was legal or not - they just kept quoting from the act."
Mr Tutty then asked what would happen if the cafe opened anyway, and was told it would be prosecuted if it broke the law.
Peter Winchester, acting general manager of the Department of Labour's labour inspectorate, said people had to decide whether they fitted in with the law or not.
"A lot of people would prefer an absolute judgment, but at the end of the day it's their call. If there is any doubt in their mind, they should consider closing."
As a result of the Herald's interest, Mr Winchester offered to send an inspector to assess the cafe's legal position.
