Easter trading decision thrown out

Napier City Council has lost a court battle to retain Easter Sunday trading because it carried out public consultation while the Christian community was distracted with advent over the Christmas period.

Justice Robert Dobson recently over-ruled the council’s decision to allow Easter Sunday trading following a High Court judicial hearing last month.

In doing so, Justice Dobson agreed with former city councillor Robert Gwynn’s view that the council should have consulted with churches better.

The judge declared the council’s earlier vote on Easter Sunday trading invalid.

While there was not a ‘‘complete failure’’ to consult, the council’s errors were ‘‘inadequacies in the way [consultation] was carried out’’, Justice Dobson said.

Gwynn, who filed the application in February, was relieved.

‘‘I am a practising Christian but, actually, that wasn’t what drove me to take the case. I’m also a past councillor and I was trained in what good consultation meant – it meant you listen to people.’’

Losing a public holiday was a significant matter, and more thought should have gone into the council’s decision, he said.

Gwynn said the council could appeal the decision, re-consult on the policy before voting on it again, or leave the matter. The latter option would mean no stipulated shops opening on Easter Sunday unless granted an exemption.

It was ‘‘shocking’’ that somebody had to take the case to the High Court to be heard, he said.

Napier City Business spokeswoman Steph Kennard said retailers had the opportunity to stay open over Easter for the past two years.

‘‘Reports from many of these retailers indicated that trading was either good or better than a normal weekend.’’

The organisation supported its members who wished to open on Easter Sunday to take advantage of extra visitors but appreciated why some business owners stayed closed, including for family or religious reasons.

‘‘It is disappointing that this decision may not be available to them for 2019,’’ Kennard said.

Napier Mayor Bill Dalton said the decision was ‘‘surprising and disappointing’’.

‘‘We are considering what the next step may or may not be. We are unable to give further information . . . because we still regard it as a live issue.’’

Council spokeswoman Tania McCauley said the court found there may be circumstances where the council needed to identify ‘‘specifically affected parties and consult with them above and beyond the general consultation’’.

‘‘I was trained in what good consultation meant – it meant you listen to people.’’ Robert Gwynn