Shop Trading Hours Act 1990

1:
1: This Act is the Shop Trading Hours Act 1990
2: This Act shall come into force on 1 August 1990. Section 1 heading amended 30 August 2016 section 5(2) Shop Trading Hours Amendment Act 2016 Section 1(1) amended 30 August 2016 section 5(3) Shop Trading Hours Amendment Act 2016 Preliminary provisions Heading inserted 30 August 2016 section 6 Shop Trading Hours Amendment Act 2016
2: Interpretation
In this Act, unless the context otherwise requires,— chief executive district section 5(1) employer section 5F employment agreement section 5F goods Sale and Supply of Alcohol Act 2012 local Easter Sunday shop trading policy subpart 1 publicly available section 5(1) repealed Act Shop Trading Hours Act 1977 shop
a: a private home where the owner or occupier's effects are being sold (by auction or otherwise); or
b: a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, and livestock, or any of them; or
c: a building or place where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again shop employee section 5F special consultative procedure section 5(1) territorial authority section 5(1) Section 2 chief executive inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 district inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 employer inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 employment agreement inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 goods replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2 local Easter Sunday shop trading policy inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 publicly available inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 shop employee inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 special consultative procedure inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016 Section 2 territorial authority inserted 30 August 2016 section 7 Shop Trading Hours Amendment Act 2016
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 30 August 2016 section 8 Shop Trading Hours Amendment Act 2016
1: Restricted trading days
Part 1 heading inserted 30 August 2016 section 9 Shop Trading Hours Amendment Act 2016 General rule Heading inserted 30 August 2016 section 9 Shop Trading Hours Amendment Act 2016
3: Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day
1: Subject to sections 4 4A 4B
a: before 1 pm on Anzac Day; and
b: all day on any day that is Good Friday, Easter Sunday, or Christmas Day.
2: For the purposes of subsection (1)—
a: a shop that has a common entrance with a factory or warehouse is not closed at any time unless—
i: the shop's entrance is then closed; and
ii: no person in the shop is then selling goods, canvassing for orders of goods, or delivering goods; and
b: subject to paragraph (a), a shop is not closed at any time unless—
i: the shop is then locked, or otherwise secured against entry by members of the public; and
ii: no person in the shop is then selling goods, canvassing for orders of goods, or delivering goods. Section 3(1) amended 30 August 2016 section 10 Shop Trading Hours Amendment Act 2016 Exemptions Heading inserted 30 August 2016 section 11 Shop Trading Hours Amendment Act 2016
4: Certain shops may remain open
1: Section 3(1)
a: a shop where—
i: the goods for sale include nothing that is not food, drink, a household item, a personal item, an automotive fuel, an automotive lubricant, an automotive part, or an automotive accessory, of a kind that people may reasonably need to be able to buy at any time; and
ii: the quantity of goods for sale is no greater than that sufficient to meet the demands of the people who live or are staying in the area where the shop is, and people (other than people travelling in order to buy goods at the shop) travelling through the area; or
b: a shop whose principal business is selling goods falling into one or other of the following categories:
i: goods intended to be bought as souvenirs:
ii: duty free goods (that is to say goods sold from or through an export warehouse or a duty-free store (as those terms are defined in section 5(1)
iii: prepared or cooked food ready to be eaten immediately in the form in which it is sold; or
c: a shop at any public passenger transport terminal, or at any station where public passenger transport services stop, whose principal business is selling goods falling into one or other of the following categories:
i: books, magazines, and newspapers:
ii: the categories specified in paragraph (b); or
d: a pharmacy; or
e: a shop in premises where a bona fide exhibition or show devoted (entirely or primarily) to agriculture, art, industry, and science, or any of those matters, is being held.
2: Section 3(1)
a: on 31 July 1990 there was in force in respect of the area in which the shop is situated an order under section 20 of the repealed Act section 18(2) of that Act
b: all conditions (if any) subject to which the order was made are being (or, as the case may be, have been) complied with. Section 4(1)﻿(b)﻿(ii) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
4A: Garden centres may remain open on Easter Sunday
Section 3(1) Section 4A inserted 11 April 2001 section 4 Shop Trading Hours Act Repeal Amendment Act 2001
4B: Shops in certain areas may remain open on Easter Sunday
Section 3(1) Section 4B inserted 30 August 2016 section 13 Shop Trading Hours Amendment Act 2016 Offence Heading inserted 30 August 2016 section 14 Shop Trading Hours Amendment Act 2016
5: Offence
1: The occupier of a shop that is not closed in accordance with section 3
2: For the purposes of subsection (1),—
a: the occupier of a shop,—
i: includes any agent, manager, supervisor, or other person acting or apparently acting in general management or control of the shop; and
ii: where the shop is occupied by a corporation or body of persons (whether incorporated or not), includes the shop's working manager:
b: a hawker or other person carrying on business by selling goods, or offering goods for sale by retail, otherwise than in a shop who—
i: sells goods otherwise than in a shop; or
ii: offers goods for sale otherwise than in a shop; or
iii: delivers goods to a customer otherwise than in a shop,— is deemed to be the occupier of a shop that is not closed.
3: In any proceedings for an offence against this Act,—
a: it is sufficient to allege in the charging document charging document
b: the charge Section 5(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
2: Trading on Easter Sunday
Part 2 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
1: Local Easter Sunday shop trading policies
Subpart 1 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5A: Territorial authority may have local Easter Sunday shop trading policy
1: A territorial authority may have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in an area comprising—
a: the whole of its district; or
b: any part or parts of its district.
2: A local Easter Sunday shop trading policy under subsection (1) may not—
a: permit shops to open only for some purposes; or
b: permit only some types of shops in the area to open; or
c: specify times at which shops may or may not open; or
d: include any other conditions as to the circumstances in which shops in the area may open.
3: Nothing in subsection (2) is intended to limit the territorial authority’s power to control any of the matters in subsection (2)﻿(a) to (d) under any other enactment.
4: A local Easter Sunday shop trading policy under subsection (1)﻿(b) must include either or both of the following:
a: a map of the area:
b: a clear description of the boundaries of the area so that they are easily identifiable in practice.
5: However, where a local Easter Sunday shop trading policy includes both a map and a description of the area and there is an inconsistency between the map and the description, the description prevails. Section 5A inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5B: Adoption, amendment, and revocation of local Easter Sunday shop trading policy
1: A territorial authority must use the special consultative procedure when deciding whether to—
a: adopt a local Easter Sunday shop trading policy; or
b: amend a local Easter Sunday shop trading policy; or
c: revoke a local Easter Sunday shop trading policy.
2: Despite subsection (1)﻿(b), a territorial authority may, by resolution made publicly available, make minor changes to, or correct errors in, a local Easter Sunday shop trading policy, but only if the changes or corrections do not affect an existing right of a person to whom the policy applies.
3: A territorial authority must,—
a: as soon as practicable after adopting or amending a local Easter Sunday shop trading policy, make the policy publicly available; and
b: as soon as practicable after deciding to revoke a local Easter Sunday shop trading policy, make publicly available the date on which the revocation is effective. Section 5B inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5C: Review of local Easter Sunday shop trading policy
1: This section applies if a territorial authority has adopted a local Easter Sunday shop trading policy under section 5B
2: The territorial authority must review the first local Easter Sunday shop trading policy adopted by the territorial authority no later than 5 years after adopting the policy.
3: Subsection (2) does not affect the ability of the territorial authority to review the policy, or any subsequent local Easter Sunday shop trading policy, at any other time.
4: A territorial authority that is reviewing a local Easter Sunday shop trading policy must use the special consultative procedure to decide whether to—
a: amend the policy; or
b: revoke the policy; or
c: replace the policy; or
d: continue the policy without amendment.
5: A local Easter Sunday shop trading policy that is not reviewed as required by subsection (2) is, if not earlier revoked by the territorial authority concerned, revoked on the day that is 2 years after the date by which the policy is required to be reviewed under that subsection. Section 5C inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5D: Delegation of power in relation to local Easter Sunday shop trading policies
1: A territorial authority may not delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority the power to make a final decision whether to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review.
2: Nothing in this section restricts the power of a territorial authority to delegate to a committee or other subordinate decision-making body, community board, or member or officer of the territorial authority the power to do anything before the exercise by the territorial authority (after consultation with the committee or body or person) of the power to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review. Section 5D inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5E: Chief executive to be notified of local Easter Sunday shop trading policy
A territorial authority must, within 10 working days after the date on which the territorial authority adopts, amends, or revokes a local Easter Sunday shop trading policy,—
a: notify the chief executive of the decision to adopt, amend, or revoke the policy; and
b: provide to the chief executive—
i: a copy of the resolution to adopt, amend, or revoke the policy; and
ii: in the case of an adoption or amendment of a policy, a copy of, or an electronic link to, the policy. Section 5E inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
2: Shop employee rights
Subpart 2 inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5F: Interpretation
In this subpart, unless the context otherwise requires,— employer section 5 employment agreement section 5 shop employee section 6 Section 5F inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5G: Provision requiring shop employee to work, or be available to work, on Easter Sunday unenforceable
A provision in a shop employee’s employment agreement (including an availability provision as defined in section 67D Section 5G inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5H: Shop employee’s right to refuse to work on Easter Sunday
A shop employee—
a: may refuse to work on Easter Sunday; and
b: is not required to provide the employer with a reason for refusing to work on Easter Sunday. Section 5H inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5I: Employer’s obligation to notify shop employee of right to refuse to work on Easter Sunday
1: An employer who wants a shop employee to work on an Easter Sunday must give notice to the shop employee of his or her right to refuse to work on Easter Sunday.
2: A notice under subsection (1) must—
a: be in writing; and
b: be given,—
i: in the case of a shop employee whose employment with the employer started more than 4 weeks before the relevant Easter Sunday, no earlier than 8 weeks and no later than 4 weeks before the relevant Easter Sunday; and
ii: in the case of a shop employee whose employment with the employer started 4 weeks or less before the relevant Easter Sunday, as soon as is reasonably practicable after the shop employee’s employment with the employer starts; and
c: be—
i: delivered in person to the shop employee; or
ii: sent by email to the shop employee; or
iii: if a manner of giving notices is specified in the shop employee’s employment agreement, given in the manner specified. Section 5I inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5J: Shop employee’s obligation to notify employer of intention to refuse to work on Easter Sunday
1: A shop employee who intends to refuse to work on Easter Sunday must give notice to his or her employer of that intention.
2: A notice under subsection (1) must—
a: be in writing; and
b: be given,—
i: in the case of a shop employee whose employment with the employer started more than 14 days before the relevant Easter Sunday, no later than 14 days after the date on which the shop employee receives a notice under section 5I
ii: in the case of a shop employee whose employment with the employer started 14 days or less before the relevant Easter Sunday, as soon as is reasonably practicable after the shop employee receives a notice under section 5I
c: be—
i: delivered in person to the shop employee’s employer; or
ii: sent by email to the shop employee’s employer; or
iii: if a manner of giving notices is specified in the shop employee’s employment agreement, given in the manner specified. Section 5J inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5K: Employer’s obligation not to take certain actions
1: A shop employee’s employer, or a representative of that employer, must not—
a: compel the shop employee to work on an Easter Sunday; or
b: treat the shop employee adversely because the shop employee refuses to work on an Easter Sunday.
2: For the purposes of subsection (1)﻿(a), an employer or a representative of an employer compels
a: makes working on an Easter Sunday a condition of the employer continuing to employ the shop employee; or
b: exerts undue influence on the shop employee with a view to inducing the shop employee to work on an Easter Sunday; or
c: requires the shop employee to work on Easter Sunday without giving the shop employee notice under section 5I section 5H
3: For the purposes of subsection (1)﻿(b), treat the shop employee adversely treats an employee adversely section 67F Section 5K inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
5L: Personal grievance
1: A claim by a shop employee that the shop employee’s employer, former employer, or a representative of the employer has contravened section 5K
a: is a grievance that the shop employee may have against the employer or the former employer; and
b: is a personal grievance as if the claim were a claim listed in section 103(1)
2: The Employment Relations Act 2000 Section 5L inserted 30 August 2016 section 15 Shop Trading Hours Amendment Act 2016
3: Miscellaneous matters
Part 3 heading inserted 30 August 2016 section 16 Shop Trading Hours Amendment Act 2016
6: Shop Trading Hours Act 1977 repealed
1: The following enactments are hereby repealed:
a: the Shop Trading Hours Act 1977
b: the Shop Trading Hours Amendment Act 1979
c: the Shop Trading Hours Amendment Act 1980
d: the Shop Trading Hours Amendment Act 1982
e: the Shop Trading Hours Amendment Act 1989
2: Amendment(s) incorporated in the Act(s)
3: Amendment(s) incorporated in the Act(s)
4: Amendment(s) incorporated in the Act(s)
5: Amendment(s) incorporated in the Act(s)
6: Every—
a: order under section 17A or section 20 of the repealed Act
b: authority under section 13(2) or section 15 of the repealed Act
c: order or exemption under the Shops and Offices Act 1955 is hereby consequentially revoked.
7: The Shop Trading Hours (Approved Goods Extension) Notice 1990
8: The Shop Trading Hours Commission established by section 4(1) of the repealed Act
9: On the commencement of this Act,—
a: the files and records of the said Shop Trading Hours Commission shall be deemed to have become files and records of the Department of Labour; and the Secretary of Labour shall deal with them accordingly; and
b: its debts, assets, liabilities, and other property shall become debts, assets, liabilities, and other property of the Minister of Labour.
7: Consequential protection for certain workers
1: In this section, and (both as part of this Act and when deemed by this section to have been inserted into any industrial document) in the provisions set out in Schedule 1 at night existing document Labour Relations Act 1987 industrial document Labour Relations Act 1987 protected day Te Rā Aro ki a Matariki/Matariki Observance Day, protected worker protective provisions Schedule 1 shop worker subsequent document section 2(2) and (3)
2: In any provision deemed by this section to have been inserted in any industrial document, the term shop section 2
3: After the commencement of this Act, the protective provisions shall be deemed to have been inserted into every existing document (but in such a way as to apply only to the shop workers to whom the document applies).
4: Subject to subsections (5) and (6), where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, that provision shall be deemed to have been inserted into any subsequent document negotiated under the Labour Relations Act 1987
5: Where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, that provision may—
a: by agreement between the parties; or
b: as a consequence of arbitration agreed by the parties,— in any subsequent document negotiated under the Labour Relations Act 1987
6: Where any of the protective provisions has been deemed by this section to have been inserted into an industrial document, there may—
a: by agreement between the parties; or
b: as a consequence of arbitration agreed by the parties,— be contained in a subsequent document a provision declared (in the provision itself or another provision of the document) to be the protective provision in an amended form; and in that case the protective provision concerned shall not thereafter be deemed by subsection (4) to have been inserted into the subsequent document or any further subsequent document (whether in its original form or in any amended form).
7: To every industrial document into which any protective provisions are deemed by subsection (4) to have been inserted there shall be attached an annex, numbered in accordance with Schedule 1
a: setting out in full—
i: those inserted provisions; and
ii: the definition in section 2
iii: the definitions in subsection (1) of the terms at night, protected day, protected worker, and shop worker; and
b: stating that by virtue of the Shop Trading Hours Act Repeal Act 1990 those inserted provisions apply to all shop workers to whom the document applies; and
c: specifying the protective provisions that—
i: have under subsection (5) been omitted from the document; or
ii: having under subsection (6) been contained in an earlier industrial document in an amended form, have since been omitted; and
d: specifying (by reference both to each protective provision concerned and to the appropriate provision or provisions of the document) the protective provisions that—
i: have under subsection (6) been contained in the document in an amended form; or
ii: having under subsection (6) been contained in an earlier industrial document in an amended form, are now contained in the document in a form that has been further amended.
8: An annex attached to an industrial document pursuant to subsection (7) is not part of the document.
9: Where provisions are deemed by this section to have been inserted into an industrial document,—
a: the other provisions of the document shall be construed in a sense consistent with the inserted provisions, whenever such a construction is appropriate and reasonable; and
b: subject to paragraph (a), to the extent that other provisions of the document give workers protection greater or more advantageous than the protection given by the inserted provisions, they shall prevail over the inserted provisions; and
c: subject to paragraphs (a) and (b), to the extent that the inserted provisions conflict with other provisions of the document, the inserted provisions shall prevail. Section 7(1) amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016 Section 7(1) protected day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 7(1) protective provisions amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016 Section 7(1) subsequent document amended 30 August 2016 section 17(2) Shop Trading Hours Amendment Act 2016 Section 7(7) amended 30 August 2016 section 17(1) Shop Trading Hours Amendment Act 2016
7A: Further consequential protection for certain workers
Section 7A repealed 30 August 2016 section 18 Shop Trading Hours Amendment Act 2016
8: Effect of certain provisions in leases, etc
1: No mandatory opening provision in a lease, licence, contract, covenant, or agreement, entered into or made before 12 November 1980 shall so be construed as to require the opening of any shop at any time on a Saturday, unless the shop was on 11 November 1980 entitled to be open at that time by virtue of an authority or order under section 13(2), section 15, or section 20 of the repealed Act
2: No mandatory opening provision in a lease, licence, contract, covenant, or agreement, entered into or made before 1 August 1990 shall so be construed as to require the opening of any shop at any time—
a: on any day that is a Sunday, New Year's Day, the day after New Year's Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: between 9 pm on any day and 7 am the next day,— unless the shop was, on 31 July 1990, entitled to be open at that time by virtue of an authority or order under section 13(2), section 15, section 17A, or section 20, of the repealed Act
2A: A mandatory opening provision in a lease, licence, contract, covenant, or agreement entered into, or made before, the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 section 4A
2B: Subsection (2A) does not apply to a shop that, before the commencement of the Shop Trading Hours Act Repeal Amendment Act 2001 section 4
2C: A mandatory opening provision in a lease, licence, contract, covenant, or agreement that was entered into or made before the commencement of the Shop Trading Hours Amendment Act 2016 section 4B
2D: Subsection (2C) does not apply to a shop that, before the commencement of the Shop Trading Hours Amendment Act 2016 section 4 4A
3: In this section, mandatory opening provision
a: requiring the shop to be open at all times when it may lawfully be open; or
b: requiring the shop to be open whenever required to be open by a specified person, or a person of a specified class or description; or
c: specifying hours and days on which the shop should be open, and requiring it to be open during those hours on those days to the extent that it may lawfully be open then. Section 8(2)﻿(a) amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 8(2A) inserted 11 April 2001 section 6 Shop Trading Hours Act Repeal Amendment Act 2001 Section 8(2B) inserted 11 April 2001 section 6 Shop Trading Hours Act Repeal Amendment Act 2001 Section 8(2C) inserted 30 August 2016 section 19 Shop Trading Hours Amendment Act 2016 Section 8(2D) inserted 30 August 2016 section 19 Shop Trading Hours Amendment Act 2016
9: Prosecutions
1: Every prosecution under the repealed Act initiated by an information laid before 1 August 1990 shall proceed as if section 6
2: Every prosecution under section 5 Shop Trading Hours Act Repeal Amendment Act 2001 Section 9(2) added 11 April 2001 section 7 Shop Trading Hours Act Repeal Amendment Act 2001