Discussion around Easter trading restrictions is being encouraged through a document launched today by Labour Minister Trevor Mallard and Justice Minister Annette King.
"Easter trading continues to attract a range of opinions, and the Labour-led government is conscious of the requirement to balance the needs of a wide variety of organisations and individuals with different beliefs and preferences," Trevor Mallard said.
"The Easter Trading and Holidays Legislation discussion document we have released today considers the different legislation that affects Easter Trading and proposes a number of options for possible change in three key areas."
The key question areas are:
- what should happen to the Shop Trading Hours Act Repeal Act 1990 and Sale of Liquor Act 1989, particularly in regard to Easter Sunday
- what should happen with the status of Easter Sunday
- whether the enforceability and penalty regime for the Shop Trading Hours Act Repeal Act 1990 needs amendment, and the issue of adequate employee/leaseholder protection against the compulsion to work/trade on Easter Sunday.
Trevor Mallard noted that none of the options proposed reducing the holiday weekend.
Annette King said officials would collect and analyse submissions and present a comprehensive set of recommendations for consideration.
The discussion document has been sent to a wide variety of individuals (including those who made submissions on Jacqui Dean’s and Steve Chadwick’s shop trading bills last year), businesses, social partners and a number of public service organisations for comment.
"This issue has been the focus of public attention for a number of years and we recognise the requirement to consult as widely as possible. We strongly encourage employers, unions, industry groups, individuals and other groups in society to consider this discussion document and provide their views," Annette King said.
The deadline for submissions is December 14.
A summary of the key options follows. The full discussion document is available now at www.dol.govt.nz/consultation/shoptrading
Summary of key options in discussion document.
The options proposed for public consideration and comment reflect the differing views on how to recognise the significance of the four day Easter weekend. For example, whether continuing to recognise the significance of the Easter weekend involves ensuring that retailers and retail workers have time off work to be with their families, or whether it is about enabling shops to trade to meet tourist and consumer demand, or about preserving the religious significance of the weekend by restricting trading.
The first decision area focuses on what should happen to the Shop Trading Hours Act Repeal Act 1990 and Sale of Liquor Act 1989, particularly in regard to Easter Sunday. Three options are presented in relation to this issue, these are:
- Option 1: Retain the status quo.
- Option 2: Reinstate the exemption-making provision for shop trading to exempt specific areas from trading restrictions and enable sale of liquor exemptions to be considered at the same time.
- Option 3: Remove the trading restrictions under the Shop Trading Hours Act Repeal Act 1990 and Sale of Liquor Act 1989 for Easter Sunday.
The second decision area focuses on what should happen with the status of Easter Sunday, and four options are presented in relation to this issue, these are:
- Option 1: Retain the status quo.
- Option 2: Increase the number of public holidays to 12 by making Easter Sunday the 12th public holiday.
- Option 3: Maintain the number of public holidays at 11 by making Easter Sunday a public holiday, subject to ‘mondayisation’ arrangements similar to Christmas and New Year holidays when they fall on Sunday .
- Option 4: Treat Easter Sunday as if it were a public holiday for employees of businesses affected by new amendments to the Shop Trading Hours Act Repeal Act 1990 or the Sale of Liquor Act 1989. This would not apply to those that are currently able to trade under an exemption or exception.
The third decision area focuses on:
- whether the enforceability and penalty regime for the Shop Trading Hours Act Repeal Act 1990 needs amendment, and
- on the issue of adequate employee/leaseholder protection against the compulsion to work/trade on Easter Sunday.
NB: The full discussion document is available now at www.dol.govt.nz/consultation/shoptrading
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