Statement of Proposal - Kaikoura · Statement of Proposal Kaikōura District Easter Sunday Shop...

Statement of Proposal

Kaikōura District Easter Sunday Shop Trading Policy

1. About this document

This statement of proposal is prepared in accordance with section 5B of the Shop Trading Hours Act

1990 and section 83 of the Local Government Act 2002.

This document contains:

Background

Policy scope

Options

Key considerations

Preferred option

Making a submission

DRAFT Easter Sunday Shop Trading Policy

Appendix I – Map of the Kaikōura district

Appendix II – List of shops that can trade on restricted trading days

2. Background

In August 2016 Parliament amended the Shop Trading Hours Act 1990. The amendment provided

that local councils may have a policy that allows shops to open on Easter Sunday.

Prior to this amendment most shops in the Kaikōura district were required to be closed on Easter

Sunday. Specific exemptions allow shops such as dairies, service station, takeaway

bars/restaurants/cafes, souvenir shops, shops at genuine exhibitions and shows, garden centres and

pharmacies to open. With no local policy in place shops with exemptions must adhere to specific

conditions that cover what they can and cannot sell (refer to appendix II for a list of shop types and

conditions).

In addition to the nationwide exemptions for certain shop types, specific areas have also been

granted exemptions. Area exemptions are not based on local authority boundaries. Examples of

areas that have been granted exemptions include Queenstown and Taupō. All shops within an area

that is specifically exempt are permitted to open without restriction. No areas with-in the Kaikōura

district have previously held any exemptions that permitted Easter Sunday trade.

Despite Easter Sunday’s status as a restricted trading day it is not a public holiday, the public holiday

is Easter Monday. Employees who do work on Easter Sunday are not entitled to benefits such as

time and a half, or a day in lieu as of right.

Statement of Proposal Kaikōura District Easter Sunday Shop Trading Policy 2

3. Policy scope

In accordance with the Shop Trading Hours Act 1990 any policy developed:

3.1 can specify area’s it applies to

An Easter Sunday shop trading policy may define whether Easter Sunday trading is permitted in

either:

the whole of the Kaikōura district; or

any specified part or parts of the Kaikōura district.

3.2 cannot impose conditions on shops opening

A local Easter Sunday shop trading policy may not:

permit shops to open for only some purposes; or

permit only some types of shops to open; or

specify times at which shops may or may not open; or

include any other conditions as to the circumstances in which shops in the area may open.

3.3 can only apply to shops

A local Easter Sunday shop trading policy may only apply to ‘shops’. As defined in the Shop Trading

Hours Act 1990 shop means: “a building, place, or part of a building or place, where goods are kept,

sold, or offered for sale, by retail; and includes an auction mart, and a barrow, stall, or other

subdivision of a market; but does not include-

a) a private home where the owners or occupier’s effects are being sold (by auction or

otherwise); or

b) a building or place where the only business carried on is that of selling by auction agricultural

products, pastoral products, and livestock, or any of them; or

c) a building or place where the only business carried on is that of selling goods to people who

are dealers, and buy the goods to sell them again.

3.4 can only apply to Easter Sunday

A local Easter Sunday shop trading policy can only apply to trade occurring on Easter Sunday. There

is no provision in the Shop Trading Hours Act 1990 or any other act for councils to create a policy

allowing shop trade on Good Friday, ANZAC day morning or Christmas day.

3.5 cannot permit trade prohibited by another enactment

A local Easter Sunday shop trading policy cannot allow trade that is prohibited by another

enactment. This means a local policy cannot cover the sale of alcohol. Alcohol is regulated by the

Sale and Supply of Alcohol Act 2012.


4. Options

1) Status quo

The Shop Trading Hours Act provides that councils may have a Local Easter Sunday shop trading policy. There is no requirement for Council to develop a local Easter Sunday shop trading policy. With no policy in place for the status quo would continue. In the Kaikōura District only those shop types specifically exempted (see appendix II) would be legally able to trade on Easter Sunday. These shops would be required to adhere to the conditions that accompany their exemptions.

2) All shops in the Kaikōura district can open on Easter Sunday

The development of a policy that covers the entire Kaikōura district would allow all shops to open at the owner/managers discretion. The introduction of a policy would not require shops in the Kaikōura district to open. The Shop Trading Hours Act includes protection for employees that do not wish to work Easter Sunday. Employees have the right to refuse work on Easter Sunday without providing any reason. If work is refused an employee cannot be treated adversely as a result of their decision. The development of a local policy therefore does not require employees to work if they do not wish to.

3) All shops in any

specific part or parts of the Kaikōura district can open on Easter Sunday

The Shop Trading Hours Act allows Council to specify any part or parts of the district that a policy applies to. The only difference between options 2 and 3 is that only shops within the specified part or parts would be able to open. Shops with exemptions (see appendix II) would be able to open if they are located outside the area(s) specified in a local policy.


5. Key considerations

5.1 Easter Sunday is a significant day to many New Zealanders

Easter Sunday is both a religious holy day and traditional New Zealand day off. Due to the

significance of this day it is understandable that some people would choose not to work on Easter

Sunday. There are also people who would prefer that the significance of the day is acknowledged by

shops remaining closed.

The Shop Trading Hours Act includes provisions that protect an employee’s right to a day off. These

provisions are:

1) an employee may refuse to work Easter Sunday without providing any reason; and

2) an employee who chooses not to work on Easter Sunday cannot be treated adversely as a

result of this choice.

The implementation of a policy therefore does not remove any person’s right to a day off.

The introduction of a policy does not obligate residents to shop. Residents who believe trade should

not occur on Easter Sunday can exercise their personal choice not to shop on this day. Implementing

a local Easter Sunday shop trading policy will allow shops to open, if they choose; it cannot require

people to shop.

5.2 Promotion of economic activity in the Kaikōura district

Allowing all shops to trade on Easter Sunday will promote economic activity in the Kaikōura district.

Promoting economic activity is a priority of Council in the wake of the November 14 earthquakes.

Allowing shops to trade on Easter Sunday provides an additional opportunity for shops to generate

income. Following on from a quite summer it is anticipated most shops will appreciate every

opportunity they have to bring in income prior to the quieter winter months.

Despite the consideration made above it is important to note that Easter Sunday trade is not a one-

off issue restricted to 2017. Any decision on Easter Sunday trade must consider the current

economic climate and the future desire of the district to allow trade on Easter Sunday. If adopted a

local Easter Sunday shop trading policy can only be altered, amended or revoked using the special

consultative process detailed in the Local Government Act 2002.

5.3 Tourism

Kaikōura is a tourist destination. The town attracts and caters for both international and domestic

visitors. Tourist numbers are generally highest over the summer; however autumn remains a

popular time to visit the district. The Easter Sunday closure can have a confusing effect on

international tourists who expect to find New Zealand shops trading on Sundays. A tourist’s

confusion may be further increased by those shops with exemptions being open, creating an

inconsistent operating environment.


The development of a local policy would therefore improve the district’s ability to cater for tourists.

It will provide them with a further activity to undertake in the district (shopping), and allow tourists

to cater for their everyday needs.

Easter generally occurs toward the end of Kaikōura’s tourist season. Across New Zealand the long

weekend encourages New Zealanders to travel. The opening of shops in the district therefore has

the potential to act as a draw card for domestic tourists who are choosing their Easter holiday

destinations or deciding their travel route. With shops open domestic tourists may consider Kaikōura

a more convenient destination or location to pass through.

5.4 Scope of the policy

As detailed in sections 3 and 4 of this report a local Easter Sunday shop trading policy can be

implemented to cover either the entire district; or specify a part or parts of the district it applies to.

Tourists are attracted to both the township area and the settlement communities north and south of

the town. In these settlement areas there is only a very small number of operating shops.

Considering these matters there is no obvious rational to restrict Easter Sunday trade to any specific

part or parts of the district. If an Easter Sunday shop trading policy is developed Council believes it

should threat all areas of the district equally.

6. Preferred option

Having regard to the key considerations discussed above Kaikōura District Council supports the

development of a policy that will allow Easter Sunday shop trade to occur in the entire district.

7. Making a submission

Kaikōura District Council wants to hear your views. Before making a final decision Council welcomes

any interested person or organisation to submit on any part of the proposed policy. This statement

of proposal and information on making a submission can be found on our website

www.kaikoura.govt.nz.

To make a submission fill out the submission form attached to this document and either:

Email it to: [email protected]

Post it to: Kaikōura District Council, PO Box 6, Kaikōura 7300

Drop the form in person to reception of the Council office located on Level 2 of 96 West End

Kaikōura.

Submissions must be received by 4:00pm on Friday 3rd March 2017

If you would like speak in support of your submission please indicate this on the form when making a

submission. The date of a hearing is to be confirmed. Council staff will contact everyone who

indicates they wish to be heard to advise them of the hearing date once finalised.

http://www.kaikoura.govt.nz/

mailto:[email protected]


DRAFT Easter Sunday Shop Trading Policy

1. Purpose

The purpose of this policy is to provide shops with the ability to choose if they open for trade on

Easter Sunday.

2. Definitions

For the purposes of this policy any term defined in section 2 of the Shop Trading Hours Act 1990

has the same meaning as provided for in that act.

In the Shop Trading Hours Act 1990 shop means a building, place, or part of a building or place,

where goods are kept, sold, or offered for sale, by retail; and includes an auction mart, and a

barrow, stall, or other subdivision of a market; but does not include-

(a) a private home where the owner or occupier’s effects are being sold (by auction or

otherwise); or

(b) a building or place where the only business carried on is that of selling by auction

agricultural products, pastoral products, and livestock, or any of them; or

(c) a building or place where the only business carried on is that of selling goods to people who

are dealers, and buy the goods to sell them again.

Kaikōura district is the area of 2048 square kilometres which include the whole of the Kaikōura

district territorial boundary. The Kaikōura district is shown on the map included in appendix I.

3. Scope

This policy applies to the whole of the Kaikōura district.

This policy does not apply to the sale or supply of alcohol. Alcohol sale and supply is regulated

under the Sale and Supply of Alcohol Act 2012.

4. Shop trading permitted

Shop trading is permitted in the Kaikōura district on Easter Sundays.


5. Employee and employer choice

Kaikōura District Council acknowledges the significance of Easter Sunday to New Zealanders.

Nothing in this policy requires shops to open, or employees to work.

The Shop Trading Hours Act 1990 includes provisions that protect an employee’s right to refuse

wok on Easter Sundays. In accordance with this act an employee may refuse to work Easter

Sunday without providing any reason; and without receiving any repercussions for exercising this

right.

6. Policy administration

6.1 Review

In accordance with Section 5C (2) of the Shop trading Hours Amendment Act 2016 this Policy

must be reviewed within five years of its adoption. The special consultative procedure must be

used to review, revoke, replace or continue this policy without amendment.

This policy must be reviewed no later than: DD/MM/YYYY (five years after date of adoption)

6.2 Relevant legislation

Shop Trading Hours Act 1990

6.3 Policy adopted

This policy was adopted by Kaikōrua District Council on DD/MM/YYYY


Appendix I – Map of the Kaikōura district


Appendix II - Shops that can open on restricted trading days

(Good Friday, Easter Sunday, ANZAC day morning, Christmas day)

Shop Type Good that can be sold Conditions Dairy Food

Drink

Household Items

Personal Items

The goods that can be sold are only items people can’t put off buying until the next day, such as baby formula or pet food, and the quantity of goods for sale is no more than needed to meet the needs of people in the area or travelling through.

Service Station Food

Drink

Household items

Personal items

Petrol, oil, car parts and accessories

The goods that can be sold are only items people can’t put off buying until the next day, such as baby formula or pet food, and the quantity of goods for sale is no more than needed to meet the needs of people in the area or travelling through.

Takeaway bar, restaurant, cafe Only food prepared or cooked ready to be eaten immediately in the form in which it is sold

Duty free store Only duty free items

Shops providing a service, rather than selling good (examples include video rental store or hairdresser)

Can provide the service Cannot sell any goods, such as videos or hair products

Real Estate Agency No conditions, real estate does not fit within the definition of goods as defined by the Act

Pharmacies No conditions No conditions

Garden centres Sole or principle business is the supply of plants or garden supplies or both. Only restricted trading day garden centres can open is Easter Sunday.

A shop at any public transport terminal or station

Can only sell books, magazines and newspapers, or duty free items/souvenirs, or food that has been cooked/prepared and is ready to be eaten

A shop in a premises where an exhibition or show is taking place. This includes markets, craft shows and stalls at these exhibitions and shows

The shop/stall must be within the premises (this means the building/ location but doesn’t include, eg a street which has been closed for the event) of an actual exhibition or show

The exhibition or show must be devoted entirely or primarily to agriculture, art, industry, and science, or any of these. This is quite a strict requirement, and to be considered ‘devoted’ to a


Source: Employment New Zealand, https://www.employment.govt.nz/leave-and-holidays/public-

holidays/restricted-shop-trading-days/ retrieved 11 January 2017

show or exhibition a shop must be selling goods that are connected in some way with the show. For example, arts and crafts at an art and craft show, or farming supplies at an agriculture show, rather than general goods.

A shop primarily selling only souvenirs

The criteria for whether or not an item is considered a souvenir is that it is connected to a New Zealand place or New Zealand culture.

https://www.employment.govt.nz/leave-and-holidays/public-holidays/restricted-shop-trading-days/

https://www.employment.govt.nz/leave-and-holidays/public-holidays/restricted-shop-trading-days/


Submission Form

Kaikōura District Easter Sunday Shop Trading Policy

Submissions must be received by 4:00 pm on Friday 3rd March 2017

Submitter details

Name of submitter:

Organisation: (if submitting on behalf of an organization)

Postal address:

Email address :

Contact phone number:

Speaking to your submission

Do you wish to speak to your submission at a hearing?

Yes No

The date of a hearing is to be confirmed. If you indicate you wish to speak to your submission council

staff will contact you with confirmation of the hearing date. Presentations will be limited to a

maximum of 10 minutes.

Returning this submission

Please return your submission no later than 4:00pm on Friday 3rd March 2017.

Completed submission forms can be:

Emailed to: [email protected]

Posted to: Kaikōura District Council, PO Box 6, Kaikōura 7300

Dropped in to the Council office located on level 2 of 96 West End, Kaikōura.

mailto:[email protected]


Submission

Do you support or oppose the proposed policy?

Support Oppose Neutral

Comments:

(Attach additional pages if necessary)

Signature: Date:

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