Easter Sunday Shop Trading law change:
Questions and Answers
What is the aim of the proposed law change for Easter Sunday trading?
Many of the existing exemptions for shop trading on Easter Sunday are outdated and create an
unfair advantage for certain businesses and regions. Businesses in tourist centres with
exemptions are able to benefit from tourist trade on the restricted days, while businesses in
tourist centres without exemptions cannot.
There is no mechanism in the Shop Trading Hours Act Repeal Act to provide further
exemptions, or to amend existing exemptions.
The opportunity to put in place a bylaw will give communities the ability to choose whether or
not to allow trading on Easter Sunday. Without this choice regions with a strong demand for
trading on restricted days will continue to miss out on valuable trading opportunities.
What is the current law and background on shop trading restrictions?
The Act prescribes trading restrictions on three and half days of the year — Good Friday,
Easter Sunday, ANZAC Day (until 1pm), and Christmas Day. Parliament has considered various
amendment Bills in 2006, 2007, 2009 and 2012. The only Bill that was passed (all Bills were
considered by a conscience vote) was the 2001 amendment that allowed garden centres to
open on Easter Sunday.
The Act allows shops selling certain types of goods (examples include dairies, service stations,
take away bars, restaurants and cafes, and duty free stores) to remain open on the restricted
trading days.
Historic exemptions made under the now repealed Shop Trading Hours Act 1977 also allow
certain areas to trade over the Easter period. The Act does not provide for further exemptions
to be created.
The sale and supply of alcohol aligns with the Act and is restricted by the Sale and Supply of
Alcohol Act 2012, on the three and a half restricted trading days.
Under the proposed law change, will a worker in a shop be able to choose not to work on
Easter Sunday?
Yes. The law change will allow employers and all shop employees working in shops on Easter
Sunday to negotiate freely, and means that employees have the ability to refuse to work on
Easter Sunday without any repercussions for their employment relationship.
The right to refuse to work on Easter Sunday will apply to those working in shops in an area
under which a bylaw is created, as well as all others working in shops on Easter Sunday such as
garden centres, dairies, petrol stations, and shops in areas with exemptions on Easter Sunday.
This acknowledges that Easter Sunday continues to be a day of significance across New
Zealand and that some people will choose not to work on this day.
An employee will have the ability to take a personal grievance case against their employer
under the Employment Relations Act if an employee considers that their employer has unduly
pressured them to work on Easter Sunday or that their employer has adversely treated them in
their employment because they refused to work on Easter Sunday.
What will employers need to do if they want shop employees to work on Easter Sunday?
To ensure that employees are informed about their rights, an employer wanting a shop
employee to work on an Easter Sunday will need to give notice to that shop employee of their
right to refuse to work on Easter Sunday. This notice must be given at least four weeks before
Easter Sunday, and be in the form of a letter or email (this could also be achieved by a group
email).
What are the current exemptions?
These exemptions will remain in place.
Exemptions granted under Section 18(2) the Shop Trading Hours Act (1977) – still valid
Date
Issued
Town/Location Exemption
Hours
Restrictions
No.
Auckland
(Parnell Road)
Easter Sunday
10am - 6pm
None
1828 12/7/89
Christchurch
(Arts Centre)
Easter Sunday
10am - 4pm
None
1815 26/4/89
7am - 9pm
Only Arts, Crafts,
Children’s'
Toys & Books (toys
and books sold only
1459 28/6/85
Dunedin
(Carnegie
Centre, Moray
Place)
Easter Sunday,
ANZAC Day
Exemptions granted under Section 18(2) the Shop Trading Hours Act (1977) – still valid
Town/Location Exemption
Hours
Restrictions
No.
Date
Issued
while performances
happening on the
mezzanine floor)
Hamilton
(Market Place,
Collins Road)
Easter Sunday
9am - 5pm
None
1202 8/4/83
1660 9/11/87
Napier
(Harbour
Market)
Easter Sunday
10am 4:30pm
Only Food, Secondhand
Goods, Industrial
Goods
Nelson
Christmas Day,
Easter Friday,
Easter Sunday,
ANZAC Day
Whenever
Founders
Park is
Open
Crafts Only
1559 15/9/86
Paihia
Easter Friday,
Easter Sunday,
ANZAC Day
7am - 9pm
None
1174 10/10/81
Picton
(Mariners
Mall)
Easter Friday,
Easter Sunday
(if a Cruise Ship is
in Port),
ANZAC Day
7am - 9pm
None
1750 7/10/88
Queenstown
(District)
Easter Friday,
ANZAC Day
(after 12pm)
Any Time
None
1462 26/8/86
Tairua
ANZAC Day
(if Fri. or Mon.)
8am - 8pm
None
1551 9/12/86
Taupo
(Central)
Easter Sunday
10am - 3pm
None
1946 13/11/89
Thames
(Richmond
Court)
Christmas Day
(if Sunday),
Easter Sunday
(if in March)
8am - 5pm
Only Full-time Artists
& Crafts People,
selling their own
work, at Stalls
1480 6/8/83
Wanaka
(Pembroke
Mall, Stage I)
Easter Sunday,
ANZAC Day
7am - 9pm
None
537
22/6/82
Exemptions granted under Section 18(2) the Shop Trading Hours Act (1977) – still valid
Town/Location Exemption
Hours
Restrictions
No.
Date
Issued
Whangamata
ANZAC Day
(if Fri. or Mon.)
8am - 6pm
None
1550 25/9/86
Whitianga
(District)
ANZAC Day
(if Fri. or Mon.)
8am - 8pm
None
1554 15/9/86
Who will enforce the law and what will the penalties be?
Enforcement of breaches of shop trading remain with MBIE and the level of penalties remain
the same.
As the scope of this amendment is for Easter Sunday only, to change the penalty levels1 for
one day would create inconsistencies with the other restricted trading days.
How will the changes be communicated to businesses, workers, and the public?

MBIE will develop an information plan to communicate clearly what the changes are and
will work with Territorial Authorities to ensure that communities are aware of the changes
to shop trading and how they will be implemented. This will include informing the public
that enforcement across the restricted trading days will not change.

If a Territorial Authority creates a bylaw that allows Easter Sunday trading, in accordance
with the Local Government Act they are required to publicise and report a bylaw’s
existence.
1
The current penalty is $1000 for opening a shop on a restricted trading day. However, the
courts have not imposed a fine above $500.