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Easter Sunday Shop Trading Policy
Memo Information
TO
Thames-Coromandel District Council
FROM
Graham McDermott - Senior Policy Analyst
DATE
13 February 2017
SUBJECT
Easter Sunday Shop Trading Policy
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Purpose of Report
This report seeks Council deliberations on submissions to the proposed Easter Sunday
Trading Policy, and recommends a final Easter Sunday Trading Policy for adoption.
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Background
The Shop Trading Hours Act 1990 (the Act) controls what days shops can and cannot open
across the country. This had until August 2016 prescribed that most trading was prohibited
on Good Friday, Easter Sunday, Christmas and Anzac Day until 1pm.
The Shop Trading Hours Act 1990 was amended on 29 August 2016 to enable territorial
authorities limited powers to make a local Easter Sunday shop trading policy to permit
shops to open on Easter Sunday. This can cover the whole of the district or part of the
district. Councils are required to consult with their communities on this policy. The
legislation provides safeguards for all shop employees who have the ability to refuse to
work on Easter Sunday without providing a reason to their employer.
On 13 December 2016 Council approved a proposed Easter Sunday Shop Trading Policy
for public consultation which would allow all shops in the Thames-Coromandel District to
open on Easter Sunday. Public consultation on the proposed policy was undertaken from 16
December to 27 January in accordance with section 83 of the Local Government Act 2002
as required under the Act.
Rather than stage hearings following the consultation period, Council held four public
meetings in Whitianga and Coromandel on Wednesday 25 January 2017, then
Whangamata and Thames on Thursday 26 January 2107. This provided the opportunity for
submitters to provide their feedback orally to Councillors.
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Issue
Council must consider the written and oral submissions made during the public consultation
before considering the adoption of the Easter Sunday Shop Trading Policy.
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Discussion
Consultation overview
There were 40 submissions received during the consultation period, 28 of which supported
the proposed policy while 12 opposed the policy. Four submitters supporting the policy
made submissions on behalf of multiple businesses.
The consultation and public meetings were advertised on the Council website including
social media, in the local press, and with a number of radio adverts. The public meetings
were attended by nine submitters, including five in Whitianga, one business in Coromandel
town, three in Whangamata and none attending in Thames.
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The public meetings were recorded with the permission of the participants and summarised
by staff. These oral submissions are presented alongside the written submissions received
as Attachment A.
There are ten submission numbers which may appear to be missing. The missing ten are a
combination of blank submissions, submitters being mistakenly entered twice, a test
submission and a withdrawn submission.
Most attendees at the public meetings were business owners or representing businesses, in
some cases representing multiple business interests and sometimes in more than one
location. There were two members of the public. Those attending the public meetings were
predominantly in favour, with only one person opposed.
Submissions Analysis
Of the 28 submissions in favour of Council's proposed policy:
nine offered unqualified support for the policy;
eight supported the policy as it will provide business owners/operators greater
financial security;
eight supported the policy as it will provide services to tourists and visitors;
six supported the policy as it will benefit local and visiting customers;
five supported the policy, noting their support for employees to not work on Easter
Sunday in line with the exemptions provided for in the Shop Trading Hours Act;
two supported the idea of shops opening on Easter Sunday but suggested only
opening from 1pm as a compromise to allow for family and church time;
one supported the policy and recommended removing other restrictions on trading
days;
one supported the policy but noted that they would be opposed to changes to the
trading hours on Anzac Day in the future.
12 submissions were received opposing the Council's proposed policy. Of those 12:
nine opposed the policy as they want the day to be reserved for family time;
seven opposed the policy as they considered that Easter Sunday trading will unfairly
jeopardise workers, and that worker protections under the Act will be insufficient;
three opposed the policy as they considered it undermined the Christian observance
of Easter Sunday as a religious holiday, and that it undermined Article 4 of Te Tiriti o
Waitangi which guarantees religious freedom.
Issues for Council consideration
Staff consider that there are five notable issues emerging from submissions for Council
consideration before deciding whether to adopt the Easter Sunday Shop Trading Policy.
Employee rights
Seven of those who submitted against the policy did so, either in whole or in part, because
of concerns that workers would miss out on an existing day off work or be under undue
pressure to work. Five submitters in support of the policy noted that they supported the
policy if worker rights were protected, or that they supported the provisions offered to
protect workers as part of the changes to the Act. James Walker for Countdown noted in his
submission that the ability of workers to opt out of working on Sunday is included in the
collective agreement recently concluded between Countdown and their employees' union.
David Simmonds of Whitianga who operates several hospitality venues also spoke in favour
of employees being given the choice to work, and being respected if they choose not to.
Submitters against the policy referred to workers losing one of the three and a half
guaranteed days off work a year.
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Staff advise that it is not in scope for Council to seek to include protections for workers
within the policy. The Act is explicit in saying that a shop employee may refuse to work on
Easter Sunday and is not required to give the employer a reason for doing so. The Act is
also clear that provisions within a shop employee's employment agreement that require the
employee to work or to be available to accept any work that the employer makes
unavailable are unenforceable with regard to Easter Sunday. This is considered a
satisfactory protection of worker rights.
Business sustainability
Nine submissions were received that noted being able to trade on Easter Sunday will give
business owners/operators great financial security. Several submitters noted the seasonal
nature of trade in the Coromandel and that their business was reliant on good trade over the
peak summer and holiday season, including Easter, to survive throughout the winter
months. Another submitter noted that if they had a strong trading period over Easter, they
would be able to have time for a holiday or family time in winter when they were quieter and
that trading on Easter Sunday would help secure this time off later in the year. Other
submitters noted that if it makes financial sense for a business to open and they have the
choice to do so, it should be up to the business owner/operator to make that choice in the
interests of their business. One submitter noted that if they are not able to open on Easter
Sunday, then they lose business to online retailers who are able to trade without restriction
year round. No submissions opposing the policy referred to this issue.
The sustainability of local businesses in the Thames-Coromandel District was not a reason
provided to Council when developing the proposed policy, however a clear message has
come through from submitters on the importance on being able to trade on Easter Sunday
to the sustainability of local businesses. Staff consider that allowing business
owners/operators to choose to open gives them the ability to take of advantage of increased
holiday trading while balancing the ability of other businesses to not open if they do not
consider it in their best interests to do so.
Freedom of religion/ protection of Christian holiday
Three submitters opposed the proposed policy on the basis that Easter Sunday is a day
venerated by Christians and that allowing trading on this day would denigrate the status of
the day for Christian individuals. One submitter referred to Article 4 of Te Tiriti o Waitangi
which commits the Crown to protection of religious freedom and Māori customs and
considered that allowing Easter Sunday trading undermines that protection of religious
freedom for Christians to worship on Easter Sunday and is therefore a breach of Te Tiriti o
Waitangi.
Staff do not agree that religious freedom is interfered with by this policy, as all people with
religious convictions are not restricted in making the choice of whether or not to visit shops
on Easter Sunday. Equally, shop employees are able to refuse to work on Easter Sunday
without giving a reason to their employer under the provisions of the Act, enabling them to
opt out of working to observe any religious significance to them on Easter Sunday instead.
Protection of Easter Sunday as a day for family
The majority of those submitters opposed to the policy considered that Easter Sunday
trading will undermine the ability of families to have Easter Sunday as a guaranteed day for
family time. Several considered that allowing Easter Sunday trading will distract from the
importance of spending time together as a family, and that there are only three and a half
days a year where families can be guaranteed time together away from work demands.
Some submitters considered that shop employees may be under undue pressure to work
and as a result not feel they are able to spend Easter Sunday with their family.
Staff do not agree that time spent together as a family is undermined by this policy. Easter
Sunday trading is available as a choice to business owners, who may choose not to open to
instead spend time with their family. Shop employees are able to refuse to work on Easter
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Sunday without giving a reason to their employer under the provisions of the Act, which
allows them to retain Easter Sunday as a day for family and community activities. Several
submitters in support of the policy noted that Easter Sunday trading presented an
opportunity for visiting families to spend time together while shopping. Staff consider that
where time spent as a family is a priority for people on Easter Sunday, there is no element
of the Easter Sunday Shop Trading Policy which provides a barrier to this.
Concerns over the manner of Council's consultation on the proposed policy
One submitter raised concerns over the manner of Council's consultation on the policy, and
the level at which decision making on the policy is being made. The submitter does not
consider it appropriate that Council consulted on the policy over the Christmas period as
people are on holiday and may have missed the opportunity to submit, and that advertising
of the consultation was not effective. The submitter also considers that the decision on
making the policy should be made at a local level rather than by Council.
The Easter Sunday Shop Trading Policy was deliberately consulted on over the Christmas
and summer period as this is when the Thames-Coromandel District population is at its
highest, with non-resident ratepayers more likely to be in the district and therefore more
likely to be exposed to advertising on local radio, in local news media and on our website
and social media. The consultation ran over six weeks rather than the compulsory four to
ensure that submitters had the opportunity to be aware of the proposal and have time to
submit on it. Communications and marketing around the policy were undertaken as per the
communications plan considered by Council in December as part of approving the
statement of proposal for consultation, with additional radio advertising undertaken ahead of
the public meetings and in the last week of consultation on the policy.
The Act stipulates that only councils may make a policy to allow Easter Sunday trading in all
or part of their districts. While community boards are not able to make the policy, each of
the five community boards recommended to Council making a policy for public consultation
at their meetings in November 2016.
Recommendation
Staff recommend that Council adopt the Easter Sunday Shop Trading Policy as consulted
upon and attached as Attachment B given the significant support shown for the policy
during public consultation and that the issues raised in opposition to the policy (Easter
Sunday as a day for family, Easter Sunday as a day for religious observance and protection
of worker rights) are adequately protected by the Act or by the exercise of personal choice.
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Suggested Resolution(s)
That the Thames-Coromandel District Council:
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2.
3.
Receives the 'Easter Sunday Shop Trading Policy' report.
Determines that it has considered the submissions received before making any
decision on the Easter Sunday shop Trading Policy.
Adopts the Easter Sunday Shop Trading Policy included as Attachment B.
References-Tabled/Agenda Attachments
Attachment A
Attachment B
Submissions Received on Easter Sunday Shop Trading Policy
Easter Sunday Shop Trading Policy
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Attachment A
Attachment A - Submissions received on Easter Sunday Trading Policy
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Attachment B
Easter Sunday Shop Trading Policy - Final Draft 14 February 2017