Skip to main content

Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

SimplifiedLaw.co.nz
general

Public Holiday trading hours: Which shops must close?

Key Takeaway

New Zealand law restricts shop trading on certain public holidays, primarily Good Friday, Easter Sunday, Christmas Day, and Anzac Day morning. Most shops must close, but specific exemptions exist for essential services like dairies, pharmacies, and service stations. Local councils can also permit Easter Sunday trading through bylaws.

New Zealand law imposes restrictions on shop trading hours during specific public holidays. These rules are primarily set out in the Shop Trading Hours Act 1990 to ensure certain days are observed as holidays. A 'shop' is generally defined as any building, stall, or place where goods are kept, sold, or offered for sale [Source: Shop Trading Hours Act 1990, s 2(1)].

Restricted Public Holidays

The law specifies certain public holidays when shops are generally prohibited from opening or must adhere to specific opening times:

  • Good Friday [Source: Shop Trading Hours Act 1990, s 3A(1)(a)]
  • Easter Sunday [Source: Shop Trading Hours Act 1990, s 3A(1)(b)]
  • Christmas Day [Source: Shop Trading Hours Act 1990, s 3A(1)(c)]
  • Anzac Day (before 1 pm) [Source: Shop Trading Hours Act 1990, s 3A(1)(d)]

On these days, most shops are required to remain closed to the public.

Exemptions to Trading Restrictions

Despite the general prohibition, several categories of shops are legally permitted to open on restricted public holidays. These are often referred to as 'exempt shops' and typically provide essential goods or services, or have a unique trading model:

  • Dairies: Shops that mainly sell food items, often including milk, bread, and other staples [Source: Shop Trading Hours Act 1990, s 3B(1)(a)].
  • Service Stations: Establishments primarily engaged in selling fuel [Source: Shop Trading Hours Act 1990, s 3B(1)(b)].
  • Pharmacies: Shops where medicines are dispensed and sold [Source: Shop Trading Hours Act 1990, s 3B(1)(c)].
  • Takeaways and Restaurants: Businesses primarily selling prepared food for immediate consumption, whether on or off the premises [Source: Shop Trading Hours Act 1990, s 3B(1)(d)].
  • Duty-Free Shops: Retailers located in international airports or seaports, selling goods exempt from certain taxes and duties [Source: Shop Trading Hours Act 1990, s 3B(1)(e)].
  • Shops in Transport Terminals: Retailers located within an airport, railway station, or bus station [Source: Shop Trading Hours Act 1990, s 3B(1)(f)].
  • Shops Where Goods are Made on the Premises: Businesses that sell goods primarily made or processed on their own premises, such as bakeries selling freshly baked goods [Source: Shop Trading Hours Act 1990, s 3C(1)].
  • Garden Centres (Easter Sunday only): Garden centres are specifically permitted to open on Easter Sunday, but not on other restricted public holidays [Source: Shop Trading Hours Act 1990, s 3E(1)].

Easter Sunday Trading Bylaws

Local councils in New Zealand have the power to create a local bylaw (a law made by a local authority, such as a city or district council) allowing shops in their district to open on Easter Sunday [Source: Shop Trading Hours Act 1990, s 3D(1)]. If a council passes such a bylaw, shops within that council's territorial area may choose to open on Easter Sunday, provided they are not otherwise restricted.

However, even where a bylaw permits Easter Sunday trading, shop employees retain the right to refuse to work on Easter Sunday without needing to provide a reason, and their employer cannot dismiss them or treat them less favourably for doing so [Source: Shop Trading Hours Act 1990, s 3D(6)].

Anzac Day Trading

On Anzac Day (25 April), shops are generally prohibited from opening before 1 pm [Source: Shop Trading Hours Act 1990, s 3A(1)(d)]. After 1 pm, shops that are not otherwise exempt from trading restrictions may open. The same exemptions for essential services and other categories of shops mentioned above apply before 1 pm on Anzac Day.

Penalties for Non-Compliance

Operating a shop in breach of the Shop Trading Hours Act 1990 can lead to fines. An individual who opens a shop in contravention of the Act is liable on conviction to a fine not exceeding $1,000. For a body corporate (e.g., a company), the fine can be up to $5,000 [Source: Shop Trading Hours Act 1990, s 4].

When to Seek Independent Legal Advice

Business owners or individuals with specific questions about their obligations or rights regarding public holiday trading hours, particularly concerning the interpretation of exemptions or local bylaws, should seek independent legal advice. Information provided by official government agencies like Business.govt.nz or Employment New Zealand can also be helpful. Community Law Centres (https://communitylaw.org.nz/) provide free legal advice to those who qualify.

Key Resources