Woodhouse MichaelSHOP TRADING HOURS AMENDMENT BILLThird ReadingHon MICHAEL WOODHOUSE (Minister for Workplace Relations and Safety): I move That the Shop Trading Hours Amendment Bill be now read a third time. The question of whether to allow shop trading over the Easter period is a contentious one considered by this House on numerous occasions. Those in support of shop trading emphasise economic opportunities and the freedom of shoppers to choose while those against it focus on the need for shops to be closed to mark a day of significance and for workers to be able to spend time with their families. The Government wants to resolve this perennial issue and this bill provides a pragmatic solution allowing communities to decide for themselves whether to enable shop trading on Easter Sunday and providing protections for those shop employees who choose not to work on Easter Sunday. It is by no means the first attempt to resolve these things and successive members' bills have been unsuccessful. I want to acknowledge the Hon Todd McClay and Jacqui Dean for their advocacy on this issue on behalf of the communities they represent. Mr McClay's bill which was narrowly defeated in 2009 proposed that authority be given to territorial authorities to decide whether shops should open on Easter Sunday rather than have that dictated to them. I agreed with that sentiment then as I do now. This bill is modelled on that goal. New Zealand has 3½ restricted trading days: Good Friday Easter Sunday Christmas Day and Anzac Day until 1 p.m. On those days shops are restricted from trading. Some exemptions exist for a few areas on Easter Sunday like Taupō and Paihia and there are some other places with very specific exemptions from the trading restrictions. Auckland's Parnell Road is one and even in my home city of Dunedin only the Carnegie Centre in Moray Place can sell arts crafts and children's toys and only if there are performances on the mezzanine floor. That centre does no longer trade. These exemptions are arbitrary outdated and do not reflect the interests of many New Zealanders who want to be able to undertake a range of activities over the Easter period including being able to shop. Those involved in our retail and tourism sectors wish to be able to provide their goods and services over Easter and tourists also come to expect this. A large and growing number of events are scheduled over Easter such as Warbirds over Wānaka International Air Show. This event draws large crowds from New Zealand and around the world. The inability to even have a choice about doing a bit of shopping around these events is outdated and out of line with the choices people want to be able to make. However it is worth pointing out that when this bill is passed not a single retail outlet that is presently prevented by law from opening on Easter Sunday will be able to do so in the future. Whether they will be able to will depend on the choices the local communities themselves make—[Interruption] I raise a point of order Mr Speaker. I will accept a number of interventions but not that one from the member Ms Moroney.Mr DEPUTY SPEAKER: If the member has taken offence Ms Moroney should withdraw and apologise. [Interruption] If the member wants to address the Chair she should stand on her feet and do so.Sue Moroney: Sorry. Could I ask him what he has taken offence to?Mr DEPUTY SPEAKER: I did not hear what the member said. Maybe the Minister can as well as he can repeat the—Hon MICHAEL WOODHOUSE: The member knows the word she used and she knows it is unparliamentary. This is an offence against the House but I take offence in any event.Sue Moroney: Well speaking to the point of order—Mr DEPUTY SPEAKER: No I am not going to entertain further debate on the matter. The Minister has taken offence. The member should be able to recall—because it was not that long ago—which intervention it was and he has taken offence. He has expressed that. She should withdraw and apologise.Sue Moroney: Can I just seek clarification? I want to know whether—Mr DEPUTY SPEAKER: No you cannot. You can stand withdraw and apologise for the remark that you made.Sue Moroney: Well was it unparliamentary or not?Mr DEPUTY SPEAKER: Well stand withdraw and apologise because that is what you are being told to do. That is the protocol of this House and the member should have within her mind the last statement she made before the Minister took offence.Hon Annette King: But what if she doesn't think it's unparliamentary?Mr DEPUTY SPEAKER: The member Sue Moroney—and that member Annette King—knows the protocols of this House and does not need them explained by me. Stand withdraw and apologise or leave the Chamber.Sue Moroney: I withdraw and apologise for using the phrase gutless".Mr DEPUTY SPEAKER: That is disorderly. She has used the language again. She can leave the Chamber. [Interruption] Order!Sue Moroney withdrew from the Chamber.Hon MICHAEL WOODHOUSE: As I was saying when this bill is passed not a single retail outlet that is presently prevented by law from opening on Easter Sunday will be able to do so. Whether it will be able to do so in the future will depend on the choices its local community will make with a choice being made possible by the passage of this bill.I want to thank the members of the Commerce Committee well led by its chair Melissa Lee for their hard work and also thanks to those who made thoughtful submissions on the bill. Some of those submissions were very strongly articulated on both sides of the debate. Those in favour of Easter trading were strongly of the view that the Government should simply drop any fetters on trading on this day and the other restricted trading days in all parts of the country. Some of those opposed to the change were in favour of removing the present exemptions in places like Queenstown and Taupō. The wisdom of Solomon is needed and I do not profess that this is such an outcome; merely it is pragmatic progress that most of all puts choice in the hands of the communities. The bill provides that territorial authorities in consultation with their communities can determine whether to allow shop trading on Easter Sunday. The bill simply provides territorial authorities a yes or no to the opening of retail stores in an entire district or in parts of it. Authorities deciding to allow for shop trading on Easter Sunday will be able to develop local policies for only this and cannot impose any additional shop trading rules. One of the concerns raised has been the impact of this change if communities choose it on employees of those businesses. I share that concern which is why this bill also provides new protections for shop employees. It ensures that on Easter Sunday all shop employees will have the right to refuse work—a right that is not available to shop employees on Easter Sunday under the current law. This includes employees who currently work in for example petrol stations and dairies those working in shops that have current exemptions from trading restrictions and as well those working in areas that adopt a local shop trading policy. These new protections will also apply to shop employees doing work in shops that cannot open for trade on Easter Sunday—work such as shelf stacking and stocktaking. Shop employees do not have to provide a reason for refusing to work on Easter Sunday and employers cannot compel employees to work. If a shop employee is compelled to work or disadvantaged for refusing to work the employee can take a personal grievance against the employer in accordance with the Employment Relations Act 2000. The bill sets out clear obligations for both employers and employees relating to how an employee's agreement to work must be obtained. This agreement must be sought each year and cannot be part of an employment agreement. Any such provision in an employment agreement will be unenforceable. This bill is a pragmatic and balanced approach providing choice to local communities on whether or not to allow shop trading on Easter Sunday while giving appropriate protections to all shop employees who for whatever reason choose not to work on Easter Sunday. I commend it to the House."