For most Christians, Easter is a holiday as we celebrate the resurrection of Christ, but for others it is ‘work as usual’. Easter Trading Rules may differ between districts. Although petrol stations, dairies, cafes, and restaurants can open on Good Friday and Easter Sunday, supermarkets and department stores cannot.

Background

Changes to the law around Easter trading came into effect in 2016, allowing individual councils to determine whether shops could open on Easter Sunday within their district, or parts of it. Consequently, shops in Carterton and Whangarei, Gisborne and Upper Hutt, and many other parts of New Zealand are free to trade on Easter Sunday. Conversely, several other major councils, including Auckland, have determined that other than those businesses who have historically been allowed to trade, Easter Sunday will remain retail free.

Auckland Council undertook “community engagement” and produced a voluminous report indicating a majority opposition to Sunday trading. In August 2017, its councillors voted 20 to 1 in favour of retaining the status quo – only businesses then able to trade on Easter Sunday could continue to do so. This will remain the situation until Council decides to revisit the matter. Until then, the only businesses in Auckland which are legally permitted to be open on Easter Sunday are (primarily): service stations, dairies, pharmacies, restaurants and cafes, takeaway food shops, Duty Free shops, garden centres, shops at public transport stations, shows or exhibitions, and some service providers including hairdressers, and real estate agencies.

Businesses planning to open during Easter, should check their local Council rules first.

Easter Trading Rules Good Friday

Generally businesses are not permitted to trade on Good Friday. However, there are the six instances when a store can open:

1. Stores located in Queenstown, Paihia, Picton, or Nelson (if Founders Park is open), can open on Good Friday. (For a full list of exemptions, check relevant region’s Council rules).
2. If a shop sells only food, drink, household items, personal items, automotive fuel, lubricants and accessories; and you have only enough items to meet the needs of people who live or are staying in the area.
3. If the principal business is selling souvenirs and/or duty-free goods, or they sell ready-to-eat prepared/cooked food.
4. If a shop is located at a public passenger transport station or terminal, and the above items and/or books, magazines or newspapers are sold.
5. If a shop is a pharmacy.
6. If a shop is in a place where an exhibition or show is being held. Specifically, these need to be related to agriculture, art, industry, and science, or any of those matters, is being held.

Good Friday is a public holiday, so if a store is open or closed on this day, the standard public holiday entitlements apply to employees. No specific notification requirements apply.

Easter Sunday

If a business plans to open, and an employer wants an employee to work on Easter Sunday, they need to give written notice to the employee at least four weeks (but not more than eight weeks) before Easter Sunday. Employees have the right to refuse to work on Easter Sunday. Notice needs to be in the form of a letter or email (a group email is acceptable). If an employee wishes not to work, they must give written notice to their employer within 14 days of the employer’s notice. The right not to work overrides any employment agreement made between the parties.

Under legislation all shop employees have the right to refuse to work on Easter Sunday, and do not need to provide a reason for refusing to work. This rule overrides any existing requirements to work in the Employments Relations Act, or in the employee’s employment contract. If an employee declines work, there must not be any repercussions for them.

Because Easter Sunday is not a public holiday, there is no legal obligation to pay time and a half and/or offer a day in lieu. However, some employers do this as an act of good faith. It is a good idea to check individual employment contracts for any entitlements that may be over and above minimum entitlements.

If a store is not open on Easter Sunday, employers do not need to pay their employees, unless their employment agreement states otherwise. Generally, employees can take the day as annual leave if it is a normal working day for them, but some employers may choose to provide a paid day off. Having the right to open does not compel shop owners to do so, irrespective of any contractual arrangement there might be between the shop owner and its landlord.

Easter Monday

Easter Monday is a public holiday but any shop can open. If a shop is open, employees are paid standard public holiday entitlements.

If a shop opens when they are not allowed to, then the “occupier” of the shop may be liable for a fine of up to $1,000. The occupier of a shop may include, any agent, manager, supervisor, or person acting in control of the shop.

More Information

To find out more about specific district Easter Trading Rules, visit: Councils in Aotearoa and search up your local Council at: https://www.lgnz.co.nz/local-government-in-nz/councils-in-aotearoa/

Happy Easter!