Easter Sunday trading in court

The decision to allow Napier retailers to trade on Easter Sunday was made without adequate consultation with the Christian community, a court has been told.

Yesterday, former Napier city councillor Robin Gwynn, represented by lawyer Martin Williams, appeared before Justice Robert Dobson in the High Court at Napier, after challenging Napier City Council’s decision.

In February last year, the council voted 7-5 to adopt a local trading policy that allows retailers to open on Easter Sunday if they wish. Gwynn filed an application for a judicial review of that decision.

Williams said councils did not have expertise in the field of Easter trading, as it concerned issues like the freedom of religion.

Prior to its vote, the council sought no specific feedback from retail employees, nor was there adequate participation from church communities because consultation was held over the Christmas period, when clergy were busy dealing with advent, Williams said.

The timing did not work for the church as it was difficult for a priest to prepare submissions on parishioners’ behalf during this period, he said.

Council lawyer Matthew Lawson said legislation allowed for council consultation to occur on a community-wide basis.

‘‘Rather than on targeted basis that may skew the information that is provided.’’

Lawson questioned whether there should also be an obligation to consult with other religions that did not hold Easter Sunday as a significant day, if the council was to specifically consult Christian churches.

The council had advertised the public submission process in newspapers, online and through contacting parties, he said.

Justice Dobson reserved his decision.