This year, Good Friday falls on 29th March and Easter Monday on 1st April. These are both public holidays.
Employees who normally work on these days will receive a paid day off, and if required to work, will receive time and a half for the hours worked on those days, and an alternative holiday if the day is an otherwise working day for the Employee.
Easter Sunday is NOT a public holiday. This means that there is no entitlement to a paid day off or time and a half for hours worked on this day under the Holidays Act 2003. An Employer and Employee may agree in their employment agreement to more favourable terms.
Good Friday and Easter Sunday are also restricted trading days, which means that most shops selling goods must remain closed on these days. As Good Friday is a public holiday, when a business has a forced closure, any Employees affected by the closure would receive a paid day off as an un-worked public holiday (provided the day is an otherwise working day for the Employee). Easter Sunday not being a public holiday, Employees affected by closures on Easter Sunday cannot rely on payment under the Holidays Act 2003, and must therefore rely on their employment agreement.
Easter Monday is not a restricted trading day.
Shop opening hours
There are 3 ½ days when almost all shops are required to be closed under the Shop Trading Hours Repeal Act 1990. These days are:
- Christmas Day
- Good Friday
- Easter Sunday; and
- Anzac Day, until 1.00 pm
What shops can open on restricted trading days?
| Is your shop one of the following? | Then yes, you can open so long as: |
|---|
| Dairy | The only goods you sell are: - Food
- Drink Household items
- Personal items
- Petrol, oil, car parts and accessories
| 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. |
| Service Station | The only goods you sell are: - Food
- Drink
- Household items
- Personal items
- Petrol, oil, car parts and accessories
| 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. |
| 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 |
|
| 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 |
|
| Pharmacies | No conditions |
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| Garden centres | You can only open on Easter Sunday |
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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 of a bona fide exhibition or show | The bona fide exhibition or show must be devoted entirely or primarily to agriculture, art, industry, and science, or any of these. The Department of Labour considers that to be quite a strict requirement, and that 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. |
| A shop selling only souvenirs | The criteria for whether or not an item is considered a souvenir is quite strict. To be considered a souvenir the Department of Labour considers that items must be connected in some way to a place or culture in New Zealand. |
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Who can tell me if I am allowed to open?
If your shop is listed in the table above then yes, you can open provided your shop meets the required conditions. If your shop is in the premises of a show or exhibition or your shop sells souvenirs, then you are strongly advised to contact the Department of Labour before assuming you can open. Shop owners are responsible for determining if they meet the criteria above.
If your shop is not listed in the table then you must have an area exemption to open (see below), otherwise you cannot open.
If you have a specific question or need assistance to determine if you can open contact the Department of Labour on 0800 20 90 20.
Aren’t some areas exempt?
A limited number of areas, generally tourist resorts such as Taupo and Queenstown, are covered by exemptions to the trading restrictions. Some shops in these areas can open on restricted days, but only if the exemption order 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.
Is 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.
How are “shop” and “goods” defined in the Act?
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.
Source : DOL