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Put Shop Trading Decisions With Local Authorities

4 April 2001


Press Release


PETERS AIMS TO PUT SHOP TRADING DECISIONS WITH TERRITORIAL AUTHORITIES – NOT CENTRAL GOVERNMENT

The Rt Hon Winston Peters, Leader of New Zealand First and Member of Parliament for Tauranga, today sent a copy of his two SOPs on Shop Trading Hours Act Repeal Amendment Bill (copies attached) to all Members of Parliament.

New Zealand First’s SOPs are the result of requests made to Mr Peters, as their local MP, by Tauranga and Mount Maunganui retailers:

- For the year 2001, to enable territorial authorities, rather than central government, to decide whether all shops in their areas may open for trading on Easter Sunday

- For 2002 and beyond, to enable territorial authorities, rather than central government, to grant exemptions from the restrictions imposed by the Shop Trading Hours Repeal Act 1990 at Easter


ENDS

SOP'S FOLLOW

No …..

HOUSE OF REPRESENTATIVES

SUPPLEMENTARY ORDER PAPER

Thursday 5 April 2001

Shop Trading Hours Act Repeal Amendment Bill

Proposed amendment

Rt Hon Winston Peters in Committee, to move the following amendments:

EXPLANATORY NOTE

General policy statement

Delete and insert in its place……….

This Bill amends the Shop Trading Hours Act Repeal Act 1990 to better reflect current commercial and social and community preferences by allowing shops to open for trading on Good Friday and Easter Sunday on such conditions, and for such hours, as approved by the territorial authority responsible for the location in which the enterprise trades, after having received and considered an application from the business owner or manager. The process of application includes the requirement to advertise by way of public notices all applications received, and to give opportunity for the hearing of submissions by parties interested in the opening of shops on Good Friday and Easter Sunday.

Employees with existing employment agreements are protected from being required to work on the additional days to be exempted by this Bill except by agreement.

Shops, are also protected from being required to open on any of the newly exempted
days under any mandatory opening provisions in existing leases or other arrangements, until these are similarly amended by agreement.

Clause by clause analysis

Clause 1…No change

Clause 2…No change

Clause 3…No change

Clause 4…Delete and in its place insert…The principle Act is amended by deleting the words Good Friday and Easter Sunday from clause 3.

Clause 5…Delete and in its place insert…Clause 5 inserts a new section 7A into the principle Act which is a transitional provision to protect workers in shops who have existing employment agreements from being required to work Good Fridays and Easter Sundays except with their agreement. This protection does not apply to workers in shops entitled to open on these days before the commencement of the Bill.

Clause 6…Delete and in its place insert…Clause 6 amends section 8 of the principle Act which is a transitional provision that protects the newly exempted shops against the expansion of any mandatory opening times included in existing leases, licences, contracts, covenants or agreements. This protection does not apply to shops already exempt from the general prohibition before the commencement of the Bill.

Clause 7…No change

Clause 8…Establishes the authority for territorial authorities to grant exemptions to the restrictions to trading on Good Fridays and Easter Sundays and to advise the Secretary of Labour of their decisions. It also provides the machinery to make application, advertise the request, and seek written submissions from interested parties to be considered by the territorial authority.

Clause 9…Adds to the interpretation provisions of the principal Act, a description of Territorial Authority and District.

CONTENTS

1 TITLE

No change

2 Commencement

No change

Shops to be closed on Anzac day morning, Good Friday, Easter Sunday and Christmas Day

………amend to read…

Shops to be closed on Anzac Day morning and Christmas Day

New section 4A inserted

No change

4A Garden centres may remain open on Easter Sunday

Delete and replace with…

Clause title to read…Shops may remain open on Good Friday and Easter Sunday provided they have met the criteria contained in clause 7

Section 3(1) of the principal Act does not apply to a shop as defined in clause 2 of the principal Act provided the owner or manager has made application in the manner prescribed and has received the approval of the appropriate territorial authority for the district in which the establishment wishes to trade as contained in clause 7.

Section 3(1) (b) of the principal Act is amended by deleting the words Good Friday and Easter Sunday

5 New section 7A inserted

No change

Effect of certain provisions in leases, etc

No change

Prosecutions

No change

New Provision

Territorial Authorities may issue exemptions to limits on trading on Good Friday and Easter Sunday

Territorial authorities may grant an exemption to an applicant from the restriction to trading on Good Fridays and Easter Sundays with or without conditions.

Applications for exemption from the requirement that shops must be closed on Good Fridays and Easter Sundays by a shop owner or manager must be in writing and state the name address and business of the shop concerned and the nature of the goods for sale.

The application is to be lodged with the principal administrative officer of the territorial authority.

Once an application is received, an advertisement explaining the nature of the application and details of its nature are to be placed in the public notices of the daily newspaper servicing the district, and invite written submissions from interested parties to have their views considered by the territorial authority in such a manner as to give reasonable expression to their views. Placement of the advertisement advising that an application has been received, must occur within 10 working days following receipt of the application. Not less than 20 working days shall be allowed from publication of the Advertisement, until written submissions are to be considered.

Once the territorial authority grants an exemption, the principal administration officer shall forward immediately the Secretary of Labour, a copy of the exemption and any conditions.

9 New provision

Add to the Interpretation provisions of Clause 2 of the principal Act:

Section 2 of the principal Act is amended by inserting Territorial Authority with the following definition: “Territorial Authority” has the meaning given to it by section 2 (1) of the Local Government Act 1974 “District” means the district of a territorial authority

No …..

HOUSE OF REPRESENTATIVES

SUPPLEMENTARY ORDER PAPER

Thursday 5 April 2001

Shop Trading Hours Act Repeal Amendment Bill

Proposed amendment

Rt Hon Winston Peters in Committee, to move the following amendments:

EXPLANATORY NOTE

General policy statement

Delete and replace with…

This Bill amends the Shop Trading Hours Act Repeal Act 1990 to better reflect current commercial and social and community preferences by allowing shops to open for trading on Easter Sunday on such conditions, and for such hours, as approved by the territorial authority responsible for the district in which the enterprise trades, after having received and considered an application from the business owner or manager. The process of application includes the requirement to advertise by way of public notices all applications received, and to give opportunity for the hearing of submissions by parties interested in the opening of shops on Easter Sunday.

Having regard to the difficulties in putting in place the various processes to meet all the requirements in time and the impracticality of requiring applications to be made, advertised and approved in time to meet the conditions of opening contained in the Bill, and recognising the needs of businesses for the coming Easter period 2001, provision is made, for this year only, for territorial authorities to determine by whatever means they consider appropriate, if retailers may trade on Easter Sunday in all areas, other than those already exempted, without having to have meet the application and advertising requirements for approval by the territorial authority.

Employees with existing employment agreements are protected from being required to work on the additional day exempted by this Bill except by agreement. Shops, are also protected from being required to open on the newly exempted day under any mandatory opening provisions in existing leases or other arrangements, until these are similarly amended by agreement.

Clause by clause analysis

Clause 1…No change

Clause 2…No change

Clause 3…No change

Clause 4…Delete the words garden centre and replace with the word shops

Clause 5…Delete the words garden centre which appear in 2 places and replace with the word shops

Clause 6…Delete the words garden centres which appear in 2 places and replace with shops

Clause 7…No change

Clause 8…Establishes the authority for territorial authorities to grant exemptions to the restrictions to trading on Easter Sundays and to advise the Secretary of Labour of their decisions. It also provides the machinery to make application, advertise the request, and seek written submissions from interested parties to be considered by the territorial authority.

Clause 9…Gives temporary relief from the requirements to advertise applications and seek submissions on a “one off” basis for Easter Sunday 2001 only.

Clause 10…Adds to the interpretation provisions of the principal Act, a description of Territorial Authority and District.

CONTENTS

1 TITLE

No change

2 Commencement

No change

Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day

No change

New section 4A inserted

No change

4A Garden centres may remain open on Easter Sunday

Delete and replace with…

Clause title to read…Shops may remain open on Easter Sunday provided they have met the criteria contained in clause 8

New section 7A inserted

No change

Effect of certain provisions in leases, etc

No change

Prosecutions

No change

New Provision

Territorial Authorities may issue exemptions to limits on trading on Easter Sunday

Territorial authorities may grant an exemption to an applicant from the restriction to trading on Easter Sunday with or without conditions.

Applications for exemption from the requirement that shops must be closed on Easter Sunday by a shop owner or manager must be in writing and state the name address and business of the shop concerned and the nature of the goods for sale. The application is to be lodged with the principal administrative officer of the territorial authority.

Once an application is received, an advertisement explaining the nature of the application and details of its nature are to be placed in the public notices of the daily newspaper servicing the district, and invite written submissions from interested parties to have their views considered by the territorial authority in such a manner as to give reasonable expression to their views. Placement of the advertisement advising that an application has been received, must occur within 10 working days following receipt of the application. Not less than 20 working days shall be allowed from publication of the Advertisement, until written submissions are to be considered.

Once the territorial authority grants an exemption, the principal administration officer shall forward immediately the Secretary of Labour, a copy of the exemption and any conditions.

Section 3(1) does not apply to a shop as defined in clause 2 of the principal Act provided the owner or manager has made application in the manner prescribed and has received the approval of the appropriate territorial authority for the district in which the establishment wishes to trade as contained in this clause.

New provision

Temporary arrangements for 2001

For any shop wishing to open on Easter Sunday 2001, it will suffice that the owner or manager contact the territorial authority to seek the approval and for the authority to grant the approval, in writing. This is to recognise the impracticality of meeting the requirements of the Bill for this current year only. It will also serve to provide traders and territorial authorities the experience of assessing the needs of the community for future years in this regard.

10 New provision

Add to the Interpretation provisions of Clause 2 of the principal Act:

Section 2 of the principal Act is amended by inserting Territorial Authority with the following definition: “Territorial Authority” has the meaning given to it by section 2 (1) of the Local Government Act 1974 “District” means the district of a territorial authority


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