EXTRAORDINARY MEETING OF THE
CLUTHA DISTRICT COUNCIL
Thursday, 9 February 2017
Following the Standing Committee
Meetings which commence at 1.30pm
at the Council Chambers
1 Rosebank Terrace
BALCLUTHA
CLUTHA DISTRICT COUNCIL
Notice is hereby given that an Extraordinary Meeting of the Council will
be held at the Council Chambers, 1 Rosebank Terrace, Balclutha on
Thursday 9 February 2017, following the Standing Committee Meetings
which commence at 1.30pm.
Steven Hill
CHIEF EXECUTIVE
Mayor: Bryan Cadogan
Councillor Geoff Blackmore
Councillor John Cochrane
Councillor Stewart Cowie
Councillor Gaynor Finch
Councillor Bruce Graham
Councillor John Herbert
Councillor Rachel Jenkinson
Councillor Michelle Kennedy
Councillor Alison Ludemann
Councillor Hilary McNab
Councillor Ken Payne
Councillor Carol Sutherland
Councillor Bruce Vollweiler
Councillor Selwyn Wilkinson
1
Clutha District Council
Item for DECISION
Report
Easter Sunday Shop Trading Policy
Meeting Date
9 February 2017
Item Number
1
Prepared By
Sue Wilkins - Policy and Planning Analyst
File Reference A148207
REPORT SUMMARY
Council is asked to adopt the ‘Easter Sunday Shop Trading Policy’.
RECOMMENDATIONS
That Council:
1. Receives the report ‘Easter Sunday Shop Trading Policy’.
AND EITHER
2a. Elects to adopt an Easter Sunday Shop Trading Policy,
OR
2b. Elects not to adopt an Easter Sunday Shop Trading Policy and to retain the current
Easter Sunday shop trading restrictions
REPORT
1. Background
On 8 December 2016 Council elected to adopt a Draft Easter Sunday Shop Trading Policy
and approved the draft policy be released for public consultation from 10 December 2016 to
23 January 2017.
Council also elected to hear any submissions on the draft policy and to make a decision on
9 February 2017.
Summary of submissions
Four submissions on the draft policy were received as listed below. No submitters requested to
speak to Council in person.
2.
01
02
Submitter
Summary of submission
April McGowan
Prefers that shops do not open on Easter Sunday as this time
should be spent with family.
Gary Wills
Prefers that Shops do not open on Easter Sunday as it is one of
a few days where many workers can have a day from work and
spend quality time with their families, and to be able to have one
less day from the commercialisation.
Clutha District Council – 9 February 2017
Easter Sunday Shop Trading Policy
2
Submitter
Summary of submission
03
Steve Clarke
Fully supports a policy that gives individual businesses the
choice to open on Easter Sunday, agrees that this may be
particular significant for businesses in popular tourist locations,
and points out that there is suitable employment legislation to
protect employees from having to compulsorily work, and to
ensure suitable remuneration for those that choose to work.
04
Florence Bruce
Prefers that shops do not open on Easter Sunday as it affects
small and medium businesses that only have 3 days a year free
from trading.
3. Strategic Goals and Outcomes
The Clutha District Economic Strategy 2015 contains a set of outcomes. These comprise the
overarching goals Council has committed to for the communities of the Clutha District. The
economic goal is of:
“An economic environment that encourages growth in a way that sustainably
supports the community”
4.
Assessment of Options
Option 1 – Approve that the Easter Sunday Shop Trading Policy, which provides for Districtwide trading, be adopted.
Advantages
•
Aligns with the reported views of the
retail sector, the tourism industry
and some members of the
community.
•
Would be easy to apply and
consistent (no businesses would
have an advantage).
•
Aligns with the Council strategy of
encouraging economic growth in
the District.
•
Recognises the importance of the
retail sector and the tourism
industry.
•
Meets the needs of tourists.
Clutha District Council – 9 February 2017
Disadvantages
•
Does not align with the reported
views of workers’ rights groups and
Christian religious groups. It also
does not align with traditional ‘family
values’.
•
Despite the legislation preventing
it, there is a chance that workers
may still be penalised for electing
not to work on Easter Sunday, or
they might be compelled to work.
Easter Sunday Shop Trading Policy
3
Option 2 – Elect not to adopt an Easter Sunday Shop Trading policy and retain existing
Easter Sunday shop trading restrictions.
There is no legal requirement for Council to adopt a policy on this topic.
Advantages
•
•
•
5.
Aligns with the generally
understood views of workers’ rights
groups and Christian religious
groups. It also aligns with traditional
‘family values’, and with the
interests of some members of the
community.
The current legislation has been in
place a long time and most people
are reasonably familiar with it.
A Council resolution and media
statement would give the District
certainty on this issue and prevent
staff and governance time being
taken up responding to requests for
policies.
Disadvantages
•
•
•
•
•
This would not align with the
generally understood views of the
retail sector, the tourism industry
and some members of the
community.
This would mean somewhat dated,
complex and inconsistent trading
restrictions would remain in place.
This would not align with the
Council strategy of encouraging
economic growth in the District.
This does not place emphasis on
the importance of the retail sector
and the tourism industry.
Does not meet the needs of
tourists.
Factors to consider
Historic views on Easter Sunday trading
The question of whether to allow shop trading over the Easter period has been a
contentious one.
Parliament has considered amending the legislation, by way of conscious vote, on
numerous occasions. Each time the issue has been raised in the House, it has
generated significant interest and different groups have presented opposing views.
Advocates for workers’ rights, family values, and religious groups generally oppose
Easter shop trading, while the retail and tourism sectors are generally in support.
Nature of current restrictions
The Easter Sunday shop trading laws were developed a long time ago, and aspects of
them, such as the regional tourism exemptions, seem somewhat outdated and
inconsistent in a country where the national goal is to encourage and support tourism.
The regulations have been complex and the types of shops that are permitted to open
are somewhat arbitrary (dairies, convenience stores, and garden centres). Exemptions
for particular shops in particular regions have also created an unfair advantage for
retailers in those regions, and the potential for considerable visitor confusion.
Encouraging economic growth in the District
Under the current Easter Sunday shop trading restrictions, areas in the District with
larger number of tourists are missing out on a potentially valuable trading opportunity.
The Clutha District Economic Development Strategy 2015 outlines the Council’s
economic aim to support ‘an economic environment that encourages growth in a way
that sustainably supports the community’. Introducing a policy allowing all shops to trade
on Easter Sunday would eliminate a small barrier for some shops across the District,
and it would recognise the importance of the retail sector to both shop owners, and the
public.
Tourism
Allowing all shops to choose to trade on Easter Sunday would remove some confusion
for tourists in the District on that day. Tourists would be able to access supermarkets
Clutha District Council – 9 February 2017
Easter Sunday Shop Trading Policy
4
and stores selling other desirable items such as gifts, and arts and crafts. The Policy
would better recognise the needs of tourists on Easter Sunday.
Scope of the policy
The policy has a district-wide approach. This approach allows all shops owners and
areas of the Clutha District to be treated consistently. There does not appear to be any
rationale to permit Easter Sunday trading in only a part of the district.
The 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.
If Council adopts this policy which enables district-wide Easter Sunday trading to occur,
there is no requirement that an individual retailer opens on Easter Sunday. It enables
each retailer to decide the best option for their own business.
If Council adopts this policy it would have no impact on the current restrictions on Good
Friday trading, or on the list of exempted businesses which are permitted to trade on
that day.
Surrounding Districts
As at the end of January 2017, some councils have already adopted an Easter Sunday
shop trading policy. Others are in the processes of considering it.
• Southland District Council: Have adopted a policy permitting trading on Easter
Sunday throughout the District.
• Central Otago District Council: Have adopted a policy permitting trading on Easter
Sunday throughout the District.
• Queenstown Lakes District Council: The consultation period on draft policy under
which trading would be permitted throughout the District closed on 4 January 2017.
• Gore District Council: Officially Council has not yet considered whether to adopt an
Easter Sunday Trading policy. ‘Go-Retail’, the Gore business support group, has a
policy of no trading on any Sunday in the town, and advocate for standard operating
hours in the town.
• Dunedin City Council: A small survey of businesses done in September 2016
showed 57% of respondents would like the option to open, however Dunedin City
Council do not appear to have progressed this issue at this time.
• Invercargill City Council: After conducting limited pre-consultation made the
decision not to adopt an Easter Sunday shop trading policy in 2017.
6. Consultation
Previous feedback in more tourist-focused areas of the district, e.g. Owaka and Lawrence,
indicated that shop owners would be in favour of being able to decide whether or not they
open on Easter Sunday. For some, the Easter period has been flagged as one of the busiest
times of the year.
During the consultation period the draft policy did not generated a strong response. In
addition, although the closing date of the consultation period was extended by a few days to
give people an extra weekend during which to put in a submission, the latest submission
was received by Council 10 days before the end of the consultation period.
7. Policy Consideration
The main implication of this policy is that all shops will be allowed to open in the District on
Easter Sunday.
Other policy implications include supporting an economic environment that encourages
growth in a way that sustainable supports the community, having a consistent approach, and
meeting the needs and recognising the importance of the retail and tourism sectors.
8. Legal and Statutory Requirements
There is no legal requirement to introduce a policy, and Councils can elect to maintain the
current Easter Sunday shop trading rules by not adopting a policy.
Clutha District Council – 9 February 2017
Easter Sunday Shop Trading Policy
5
The Act requires the use of the Special Consultative Procedure when deciding whether to
adopt a policy and when undertaking a review, amending, revoking, replacing or continuing
the policy. Reviews are required to be undertaken every 5 years.
The Act states that employers are obliged to notify shop employees of their right to refuse to
work on Easter Sunday. The notice, in writing, must be given to the employee between 8
and 4 weeks prior to Easter Sunday.
The following timeline has been proposed to ensure that all legal and statutory requirements
are met:
8 December 2016
Council approved draft policy [completed]
20 December 2016 –
Public consultation period [completed]
23 January 2017
9 February 2017
Council considers submissions and decides whether
to adopt Easter Sunday Shop Trading policy.
19 February 2017
Employee notification period starts
19 March 2017
Employee notification period finished
16 April 2017
Easter Sunday
9. Financial Impact
Costs associated with the draft Policy were limited to advertising costs for consultation.
There are no financial issues associated with implementation.
Clutha District Council – 9 February 2017
Easter Sunday Shop Trading Policy
CLUTHA DISTRICT COUNCIL
9 February 2017
APOLOGIES
PUBLIC FORUM
Item
Page
#
Title
1.
1
Easter Sunday Shop Trading Policy
(For Council’s Decision)
Report presenting submissions received for the Draft Easter
Sunday Shop Trading Policy and asking Council to make a
decision.
Clutha District Council – 9 February 2017