Easter Sunday Shop Trading

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Consultation has concluded

We’re reviewing our Easter Sunday Shop Trading Policy, which we introduced in 2017. Government legislation requires us to review the policy every five years to check that it is still relevant and fit for purpose.

The consultation closed on 26 July 2023.


Background

In 2016 Government amended the Shop Trading Hours Act to enable councils to adopt an Easter Sunday trading policy that allows all shops in their district to trade on Easter Sunday.

In 2017 we adopted a policy to allow all shops across our District to open on Easter Sunday, if they choose to. The policy doesn’t require shops to open, it simply permits it. It’s up to shop owners to decide whether they want to open, and for staff to choose whether they will work or not.

The Council chose to adopt the Policy as it created a consistent approach to shops trading on Easter Sunday, providing more certainty and clarity for shops and shoppers alike and providing economic benefits to the district while retaining choice.

If the policy isn’t reviewed by 7 December 2024, it lapses. This would mean many shops wouldn’t be able to open on Easter Sunday, apart from places like dairies, cafes, and garden shops.

As with all our policies, we aim to provide a framework which is both legally sound and fair, and which benefits our community.

What the policy means for employee and employer choice

Nothing in the policy or Act requires shops to open, or employees to work on Easter Sunday.

The Act protects an employee’s right to refuse work on Easter Sundays without providing any reason, and without repercussions.

If they intend to open, employers must give their employees formal notice 4–8 weeks before Easter. An employee then has 14 days to let their employer know if they will decline to work on that Easter Sunday.

The policy cannot control or override provisions in other legislation, such as defining specific opening hours, liquor licensing, or determining what types of shops may open.

Trading that is allowed over Easter

Over Easter, employment and shop trading regulations vary:

  • Good Friday is a public holiday and a restricted trading day.
  • Easter Saturday is not a public holiday or a restricted trading day.
  • Easter Sunday is not a public holiday and is a restricted trading day.
  • Easter Monday is a public holiday.

What other councils do

Across the 67 councils in Aotearoa New Zealand:

  • 43 (63 percent) have a policy that allows shops to trade on Easter Sunday anywhere in their district. This includes councils in Upper Hutt, Horowhenua, Masterton and South Wairarapa.
  • No councils have a policy allowing Easter Sunday trading only in certain parts of their district.
  • 25 (37 percent) do not have a policy in place, which means many shops in their districts are unable to trade on Easter Sunday. This includes Lower Hutt, Porirua, and Wellington.

Easter Sunday Trading policy complaints and enforcement

Dealing with complaints and any necessary enforcement action for breaches of the Shop Trading Hours Act 1990 is the responsibility of the Ministry of Business, Innovation and Employment (MBIE), not Council.

We’re reviewing our Easter Sunday Shop Trading Policy, which we introduced in 2017. Government legislation requires us to review the policy every five years to check that it is still relevant and fit for purpose.

The consultation closed on 26 July 2023.


Background

In 2016 Government amended the Shop Trading Hours Act to enable councils to adopt an Easter Sunday trading policy that allows all shops in their district to trade on Easter Sunday.

In 2017 we adopted a policy to allow all shops across our District to open on Easter Sunday, if they choose to. The policy doesn’t require shops to open, it simply permits it. It’s up to shop owners to decide whether they want to open, and for staff to choose whether they will work or not.

The Council chose to adopt the Policy as it created a consistent approach to shops trading on Easter Sunday, providing more certainty and clarity for shops and shoppers alike and providing economic benefits to the district while retaining choice.

If the policy isn’t reviewed by 7 December 2024, it lapses. This would mean many shops wouldn’t be able to open on Easter Sunday, apart from places like dairies, cafes, and garden shops.

As with all our policies, we aim to provide a framework which is both legally sound and fair, and which benefits our community.

What the policy means for employee and employer choice

Nothing in the policy or Act requires shops to open, or employees to work on Easter Sunday.

The Act protects an employee’s right to refuse work on Easter Sundays without providing any reason, and without repercussions.

If they intend to open, employers must give their employees formal notice 4–8 weeks before Easter. An employee then has 14 days to let their employer know if they will decline to work on that Easter Sunday.

The policy cannot control or override provisions in other legislation, such as defining specific opening hours, liquor licensing, or determining what types of shops may open.

Trading that is allowed over Easter

Over Easter, employment and shop trading regulations vary:

  • Good Friday is a public holiday and a restricted trading day.
  • Easter Saturday is not a public holiday or a restricted trading day.
  • Easter Sunday is not a public holiday and is a restricted trading day.
  • Easter Monday is a public holiday.

What other councils do

Across the 67 councils in Aotearoa New Zealand:

  • 43 (63 percent) have a policy that allows shops to trade on Easter Sunday anywhere in their district. This includes councils in Upper Hutt, Horowhenua, Masterton and South Wairarapa.
  • No councils have a policy allowing Easter Sunday trading only in certain parts of their district.
  • 25 (37 percent) do not have a policy in place, which means many shops in their districts are unable to trade on Easter Sunday. This includes Lower Hutt, Porirua, and Wellington.

Easter Sunday Trading policy complaints and enforcement

Dealing with complaints and any necessary enforcement action for breaches of the Shop Trading Hours Act 1990 is the responsibility of the Ministry of Business, Innovation and Employment (MBIE), not Council.