If you are a retail business, chances are you are restricted to trade under the Shop Trading Hours Repeal Act 1990. These days include Christmas Day,Good Friday, Easter Sunday; and ANZAC Day, until 1.00 pm.
The Following Shops Can Open on Christmas Day.
Dairies, Takeaway Bars, Restaurants, Cafes, Real Estate Agencies, Pharmacies, Garden Centre, Service Stations
and any of the following shops:
- at any public transport terminal or station;
- in a premises where an exhibition or show is taking place. This includes markets, craft shows and stalls at these exhibitions and shows;
- selling only souvenirs
- providing services, rather than selling goods, such as a video rental store or hairdresser
Some Areas Exempt.
A limited number of areas, generally tourist resorts such as Taupo and Queenstown, have exemptions to the trading restrictions. Some shops in these areas can open on restricted days, but only if the exemption order for that area allows.
It is no longer possible for shops covered by area exemptions to change them, or for new exemptions to be granted. The terms of these exemption orders remain fixed as at the time they were granted.
Opening on a restricted trading day an offence.
Shops that don’t fit into one of the exemption categories commit an offence if they open and trade on restricted shop trading days. The “occupier” of the shop may be liable for a fine of up to $1,000.
The occupier of a shop includes:
- Any agent, manager, supervisor, person acting or apparently acting in control of the shop;
- Any hawker or person who carries on business by selling goods or offering goods for sale by retail otherwise than in a shop.
“Shop” and “Goods” Defined
A “shop” is a building or place where goods are kept or sold by retail. It includes an auction mart, barrow, stall or other parts of a market. It doesn’t include:
- A private home, where the owner or occupier’s effects are being sold
- A building or place where agricultural products, pastoral products, and livestock are being sold by auction
- A building or place where goods are being sold to wholesalers or dealers, who will sell the goods again.
“Goods” includes personal items other than liquor, which is covered by the Sale of Liquor Act 1989.
Information courtesy of Employers Assistance
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