Laudable litigation on Easter trading
Napier man Robin Gwynn deserves applause. Regardless of one’s stance on the ethics or economics of Easter trading, the former Napier city councillor’s successful High Court bid to scrap council’s decision to allow Easter Sunday shopping was laudable.
Put simply, without his litigious efforts we’d all have assumed council’s public consultation prior to the decision to open tills on Easter Sunday was, well, robust.
Gwynn’s application for a judicial review was based on his argument that council’s enthusiasm came without the requisite time and that it disadvantaged certain groups, namely the churches and trade unions.
In his decision, Justice Robert Dobson found that it was mandatory for council to encourage participation by the Christian community and employees’ representatives in the process, and that council did not give the “requisite encouragement”.
He ruled the council’s decision, in declining a request for more time, was “the antithesis of encouraging that affected sector of the community to participate”.
Too often we view such solitary fervour like Gwynn’s as the endeavour of eccentrics, conspiracy theorists and nutters with nothing better to do in retirement.
But there are many who would agree with sentiments that rail against the tireless, insatiable, growing window of retail.
And given this horse had bolted a long time ago, his action was courageous.
I’d hasten to add those against wholesale retail during Easter aren’t just of the Christian or union ilk.
There are many who’d simply prefer to place a bigger emphasis on family time.
The perennial offenders who historically have opened their doors on days when legally they’re not permitted to, for some reason see themselves as trailblazers.
But I’d argue their high patronage on these days is proof not of demand — but of opportunity. Therein is a lack of corporate leadership.
Mayor Bill Dalton said he was surprised and that it was still “a live issue”. This suggests a rearguard action.
Hence, we may yet see kosher Easter Sunday trading in Napier — but at least in that case we’d know due diligence got it there. Either way, it shouldn’t have taken a former councillor to show the incumbent council how to suck eggs.
There are many who’d simply prefer to place a bigger emphasis on family time.