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Information sourced from: https://www.employment.govt.nz/leave-and-holidays/public-holidays/restricted-shop-trading-days/
Any questions should be directed to the Ministry of Business, Industry and Employment. More information on shop trading hours can be found at www.employment.govt.nz
There are three and a half days when almost all shops must be closed under the Shop Trading Hours Act 1990. These days are:
- Christmas Day (a public holiday)
- Good Friday (a public holiday)
- ANZAC Day, until 1.00 pm on 25 April (a public holiday)
- Easter Sunday (not a public holiday)
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.
The definition of “shop” includes cafes, restaurants and bars because they sell goods (food).
“Goods” includes personal items other than alcohol, which is covered by the Sale and Supply of Alcohol Act 2012.
Shops that can open on restricted trading days
There are three types of shops which can open on restricted trading days:
- Shops that can open with conditions and provided they meet certain conditions (see below).
- Shops that can open because of an area exemption (the South Wairarapa District does not have an area exemption).
- Shops that can open on Easter Sunday because the local territorial authority has adopted a local Easter Sunday shop trading policy. Being able to open on Easter Sunday under a local territorial authority policy doesn’t mean a shop can open on Christmas Day, Good Friday or Anzac Day before 1pm (South Wairarapa District Council has an Easter Sunday Shop Trading Policy).
Shops that can open with conditions
Shop owners are responsible for determining if they meet the criteria. If your shop is listed in the following table then you can open, provided your shop meets the required conditions. If your shop isn’t listed in the table then you must have an area exemption to open or be opening on Easter Sunday under a local territorial authority Easter Sunday shop trading policy, otherwise you can’t open. If your shop is in the premises of a show or exhibition or your shop sells souvenirs, then you’re strongly advised to contact us before assuming you can open.
Determining which shops can open with conditions on restricted trading days
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Is your shop one of the following? |
Then yes, you can open so long as: | |
|---|---|---|
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Small grocery shop (eg dairy, superette or fruit and vegetable mart) |
The only goods you sell are:
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The goods you sell are items people can’t put off buying until the next day, such as baby formula or pet food, and the quantity of goods for sale is no more than needed to meet the needs of people in the area or travelling through. |
|
Service Station |
The only goods you sell are:
|
The goods you sell are items people can’t put off buying until the next day, such as baby formula or pet food, and the quantity of goods for sale is no more than needed to meet the needs of people in the area or travelling through. |
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Take away bar, restaurant, cafe |
You only sell prepared or cooked food ready to be eaten immediately in the form in which it is sold. |
|
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Duty free store |
You are only selling duty free items |
|
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A shop providing services, rather than selling goods, such as a video rental store or hairdresser |
You only provide a service, such as renting videos or cutting hair |
You don’t sell any goods, such as videos or hair products. |
|
Real Estate Agency |
No conditions, real estate does not fit within the definition of goods as defined by the Act |
|
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Pharmacies |
No conditions |
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Garden centres |
The only restricted trading day you can open on is Easter Sunday |
Your sole or principal business is the supply of plants or garden supplies or both. |
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A shop at any public transport terminal or station |
You only sell books, magazines and newspapers, or duty free items/souvenirs, or food that has been cooked/prepared and is ready to be eaten. |
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A shop in a premises where an exhibition or show is taking place. This includes markets, craft shows and stalls at these exhibitions and shows |
The shop/stall must be within the premises (this means the building/ location but doesn’t include, eg a street which has been closed for the event) of an actual exhibition or show. |
The exhibition or show must be devoted entirely or primarily to agriculture, art, industry, and science, or any of these. This is quite a strict requirement, and to be considered ‘devoted’ to a show or exhibition a shop must be selling goods that are connected in some way with the show. For example, arts and crafts at an art and craft show, or farming supplies at an agriculture show, rather than general goods. |
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A shop primarily selling only souvenirs |
The criteria for whether or not an item is considered a souvenir is that it is connected to a New Zealand place or New Zealand culture. |
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