Open and shut case
Your guide to Easter trading
Easter has always been a confusing holiday for Kiwis, but it has become more so since councils were given the power to decide who can and can’t open.
In August 2016, the then-National Government passed responsibility of Easter trading hours to councils, meaning local bodies had the power to rule on whether retailers could open on Easter Sunday.
Prior to that, only shops with exceptions were allowed to trade. These included shops which sell necessities, such as dairies, service stations, and pharmacies.
To date, 39 of the 67 councils have created bylaws allowing about 9500 retailers to open if they want.
However, this is still only a fraction of shops around the country, with Wellington, Auckland, and other major centres opting against it. About 25,700 retailers cannot open.
By law, all shops must close for 31⁄2 days a year: Christmas Day, Good Friday, Easter Sunday, and until 1pm on ANZAC Day.
In saying that, Easter Sunday is the only one of these holidays which is not a public holiday. And therein lies the confusion.
Retail NZ spokesman Greg Harford said retailers deserved the right to choose whether to open or not.
‘‘[It’s] the 21st century, the Government and councils should not be trying to regulate shopping between consulting adults.’’
Last year, research conducted by Nielsen showed 51 per cent of Kiwis undertook some form of commercial activity on Easter Sunday, Harford said.
‘‘Shopping is an essential activity for those needing to purchase food or other essential items and, for many, it is an important social activity, providing an opportunity to engage socially with friends and family.
‘‘There was strong demand for shopping, either online or in those stores that were open. Not everyone wants to go to church on Easter Sunday.’’
So, who can open?
All shop owners in 39 regions around the country can open their doors on Easter Sunday (see map, above right).
Of the stores that are allowed to trade, not all will choose to open.
And in regions where councils have not allowed stores to open, there are some exceptions.
Those exceptions, which apply to all three-and-a-half restricted trading days, include dairies, service stations, real estate agencies, souvenir shops and pharmacies.
Workers’ rights, retailers’ obligations
All shop employees have the right to refuse to work on Easter Sunday, and they do not have to give their employer a reason for refusing.
A shop owner who wants staff to work has to send a letter or email at least four weeks prior to Easter Sunday, asking if they would like to. The letter must also say they have the right to refuse work.
Staff have 14 days to respond and they can refuse to work on Easter Sunday without giving a reason and without repercussions.
They can raise a personal grievance if they believe they have been made to work Easter Sunday, or been treated badly for refusing to do so.
Staff who cannot work because the shop is closed will typically be required to take a day’s annual leave.
If the shop is trading and staff choose to work, staff will be paid their usual rate, not time-anda-half.
If staff usually work Sundays, but the shop is closed, staff will not get a paid day off, unless it is stated in an individual’s employment agreement.
First Union retail, finance and commerce secretary Tali Williams said most workers were ‘‘very unclear’’ on what the rules were in their area.
‘‘Our perspective on National handing out the decision to councils is it has created confusion because there are different rules in different regions but with the same brands.
‘‘Many of the brands we cover are national in nature but now in some
‘‘If profit is to take priority over people, the outcome will be a society less human and more stressful.’’ The New Zealand Catholic Bishops Conference
regions they are now going to open on Easter Sunday while others are not.’’
The dreaded surcharge
Surcharges are mostly used by the hospitality sector, and, as it stands, they can be applied on any day of the year.
However, it is common practice for traders to apply a surcharge only on public holidays to offset the cost of paying staff higher wages on those days.
A Commerce Commission spokeswoman said that if a surcharge was applied, it had to be clearly disclosed and the reasons could not mislead customers.
The only public holidays during the Easter period are Good Friday and Easter Monday. Saturday and Sunday are not public holidays.
To add a surcharge, shop owners need to inform the customers, verbally or by way of a clear, prominent sign, before the transaction starts.
‘‘If retailers are applying surcharges on a public holiday, they need to tell their customers upfront,’’ Consumer NZ head of research Jessica Wilson said.
‘‘When you’re at a restaurant, you need to be told about any public holiday surcharge before you eat.
‘‘If you weren’t told about the extra charge, you don’t have to pay it.’’
In 2010, the Commerce Commission warned catering company Spotless Service after it came close to breaching the Fair Trading Act on Waitangi Day.
The company, which sells food and alcohol at Wellington’s Westpac Stadium, posted signage on the stadium’s concourse, which said: ‘‘Please Note 15 percent Surcharge (Due to Holidays Act)’’.
An investigation found the company recovered significantly more from the surcharge than the actual cost of meeting obligations under the Holidays Act, because a number of staff were volunteers and casual employees who were not covered by the act.
The act required surcharges to accurately reflect the costs of opening.
Easter and religion
For Christians, the Easter period is of great significance, as it celebrates Jesus Christ’s resurrection.
Christians view Good Friday and Easter Sunday as two days to commemorate the foundations of their faith.
As a result, the Catholic Church did not support Easter trading, a New Zealand Catholic Bishops spokeswoman said. ‘‘While the three and a half shopfree days remain significant holy days for many New Zealanders, their significance extends beyond religion.
‘‘Much has been written and debated about the disintegration of family life, and financial pressure is widely acknowledged as being an important contributing factor,’’ she said.
‘‘Traditional longer holidays, such as Easter, allow time for family and community groups to gather, hold events or rest. [These are] opportunities which are becoming increasingly rare.’’
The New Zealand Catholic Bishops Conference has made repeated calls over the years to the Government about Easter trading. ‘‘The Government’s delegation of authority on working hours to regional councils has resulted in widespread Easter trading by default, as regions and employers find themselves compelled to introduce trading in the face of competition and other pressures, only contributing to a situation where workers are not able to take leave,’’ the spokeswoman said. ‘‘If profit is to take priority over people, the outcome will be a society less human and more stressful for individuals, families and the community at large.’’ Minster of Workplace Relations and Safety Iain Lees-Galloway said discussions around Easter trading were not a priority at the moment. ‘‘Our priority at this time is progressing a comprehensive programme of changes to employment law to help restore fairness to workers. ‘‘While I do appreciate that the situation that we’ve inherited from the previous Government is not satisfactory, any work in this area will come after we have completed our current commitments.’’