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Should we continue to allow trading on Easter Sunday

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We are reviewing the Easter Sunday Shop Trading Policy, which currently allows all shops in Tauranga to trade on Easter Sunday if they wish to.

Tell us what you think

We’re proposing to continue allowing shops in Tauranga to trade on Easter Sunday if they wish to, and to amend the policy to clarify that shops also include markets. Do you agree?

Give us your feedback by Friday 15 July through the online form below or via email at submissions@tauranga.govt.nz.

Have your say now

We will use this feedback to propose an updated policy for adoption by Council late 2022.

 

In 2016, the Shop Trading Hours Act 1990 (the Act) was amended to allow all 67 councils in New Zealand to choose whether to allow shops in their city or district to trade on Easter Sunday. Before this law change, most shops had to remain closed on three and a half days of the year: Good Friday, Easter Sunday, Anzac Day (until 1pm) and Christmas Day.

Tauranga City Council adopted our Easter Sunday Shop Trading Policy in 2017. The current policy applies to all of Tauranga and allows shops to trade on Easter Sunday if they wish to. Other regulations about the sale of alcohol and associated matters still apply. Staff have the right to choose not to work on Easter Sunday if they are asked to by their employer. Easter Sunday is not a paid public holiday and people who work on Easter Sunday are not automatically entitled to additional compensation.

All councils in the Bay of Plenty region currently allow unrestricted trading on Easter Sunday. However, Hamilton City and Auckland Councils decided against allowing Easter Sunday trading.

It is time to review the Easter Sunday Shop Trading Policy to make sure it’s still right for Tauranga.

What’s on the table?

We are required to review the current policy, five years after its original adoption, to ensure it is still fit for purpose and seek the community’s feedback as part the review. Here’s what we’re proposing.

Overall approach: keeping, removing, or amending the policy

  1. Keep the policy as it is: Allow trading in all of Tauranga on Easter Sunday and include a minor change to indicate that the policy shows support for events and markets held on Easter Sunday and clarifying that shops also include markets (proposed option).
  2. Remove the policy: Have no policy and trading on this day reverts to being regulated by the Shop Trading Hours Act 1990, which means only certain shops can open.
  3. Amend the policy: Only allow trading in specific areas in our city.

We consider the policy to be working well and propose to keep the policy as it is, continuing to allow shops across Tauranga to trade on Easter Sunday if they wish to.

Arrow icon

Tell us what you think

We’re proposing to continue allowing shops in Tauranga to trade on Easter Sunday,
Feedback closes: 15 July 2022.

Timeline

  • Draft policy open for community feedback

    15 June - 15 July
  • Analysis of feedback and amendments to policy

    August 2022
  • Hearings (if required)

    August/September dates TBC
  • Adoption by Council of reviewed policy

    Late 2022

As part of this we’re proposing to retain the citywide approach in the current policy, as opposed to allowing trading in specific locations or suburbs only, as a citywide policy provides consistency and certainty to businesses and consumers as to whether they can open and where they can shop.

Proposed change: events and markets

Easter is a popular time for visitors to come to Tauranga and events and markets make a positive contribution to the region. A minor change is proposed to indicate that the policy shows support for events and markets held on Easter Sunday and clarifying that shops also include markets. This would help give events and markets certainty that they have the same opportunity as shops to trade on Easter Sunday if they wish to.

Have your say now

Quick facts

If the policy is revoked (removed), then Easter Sunday would become a restricted trading day once more. This means that only certain shops would be allowed to open on Easter Sunday – but with conditions attached.

Those shops include dairies, service stations, takeaway bars, restaurants and cafes, duty free stores, shops providing services but not selling goods (e.g. a hairdresser), real estate agencies, pharmacies, garden centres, shops at public transport hubs, shops within an exhibition or show, and souvenir stores.

The occupier of a shop, not allowed to trade, could be liable for a fine of up to $1,000 for trading on Easter Sunday.

The Council is only allowed to create a local policy to allow shop trading across the entire city or in specific areas on Easter Sunday.

The Council cannot adopt a policy that permits:

  • shops to open for only some purposes
  • only some types of shops to open
  • specific hours a shop can be open and closed
  • other conditions in which a shop may open.

The policy also cannot override shop trading provisions in other legislation, such as liquor licensing provisions. If a venue cannot currently sell alcohol on Easter Sunday, this policy will not change that.

By law, all shop employees can refuse to work on Easter Sunday, without having to give a reason.

If a policy remains in place, it will only apply to Easter Sunday – not Good Friday or Easter Monday.

Easter Sunday is not a public holiday and did not become one when the policy was adopted.

This means employees are not entitled to be paid time and a half or to an alternate paid day off if they choose to work on Easter Sunday.

Enforcement of breaches of shop trading will remain with the Ministry of Business, Innovation and Employment and the level of penalties will remain the same as under the current rules.

Arrow icon

Tell us what you think

We’re proposing to continue allowing shops in Tauranga to trade on Easter Sunday,
Feedback closes: 15 July 2022.

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Ask a question

If you have any questions or would like a hard copy of the consultation form,
Contact the Policy team 07 577 7000
Email: info@tauranga.govt.nz

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