Easter sunday trading laws nz

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To familiarise yourself with some of these issues please click on the titles below for Hospitality New Zealand submissions, media releases and correspondence relating to that issue.

With Easter weekend falling on Friday 14 to Monday 17 April there are some law changes and trade restrictions that you and your staff will need to know. Whether you choose to open your business over Easter or not, there are requirements for employers to follow regarding making the necessary arrangements with staffing and any restrictions of trade that may apply.

Good Friday — is a public holiday and also has restrictions on the sale of alcohol Saturday — is a normal trading day Easter Sunday — is not a public holiday but has restrictions on the sale of alcohol.

Employees have the right to refuse to work under the Shop Trading Amendment Act Easter Monday — is a public holiday and there are no restrictions on the sale of alcohol. The Shop Trading Amendment Act enables local councils to decide whether shops in their district this includes restaurants, bars and cafes can open on Easter Sunday.

Under the Shop Trading Amendment Act it states that employees cannot be forced to work on Easter Sunday.

Advocacy - Shop Trading Hours - Easter Sunday Trading - Retail NZ

Employers must have asked employees four weeks in advance if they would wish to work on Easter Sunday and they have the right to decline. Where employees are not willing to work on Easter Sunday, the employer may consider offering something extra for employee to make it worthwhile.

For example, the benefits could be:. The employee will be paid their usual pay for working on a Easter Sunday unless the employee and employer agree to a greater rate of pay for this day. The employee will not be eligible for an alternative holiday because Easter Sunday is not a public holiday. Easter Sunday is not a public holiday and if the employee does not work Easter Sunday because the business closes perhaps as a result of Sale of Alcohol restrictions then whether employees get paid or not depends on their employment agreements.

For full time employees who are guaranteed a fixed number of hours the employer will need to reach agreement with them beforehand about rescheduling hours elsewhere or pay them for the hours lost due to the closure irrespective.

Part time and casual employees are easier as they should simply be able to be rostered off on that day. Note that shop trading provisions allowing a bar, cafe or restaurant to open on restricted trading days to sell goods such as food, have no effect on the conditions for the sale and supply of alcohol on these days including Easter Sunday. The Sale and Supply of Alcohol Act continues to apply and premises selling and supplying alcohol such as bars and licensed cafes and restaurants must comply with it.

This means they are not permitted to sell alcohol on restricted trading days unless this is with a meal.

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For more information on the sale of alcohol restrictions, refer to the member resource - Christmas, Easter and ANZAC Day — Sale of Alcohol Restrictions Information Sheet Ref no: The Sale and Supply of Alcohol Act prohibits the sale or supply of alcohol to anyone from any licensed premises, including restaurants and entertainment venues on Good Friday and Easter Sunday other than to persons on the premises to dine, living on the premises as a lodger or as an employee in respect of hotels or where a special licence has been obtained.

This means that no-one may be sold or supplied alcohol on any licensed premises on these days unless they are on the premises to dine. A person is not present on licensed premises to dine if he or she is on the premises more than an hour before he or she starts or is due to start eating a meal, or more than an hour after he or she finishes eating a meal.

To clarify, a meal must be substantial rather than just snack food. In respect of hotels and taverns, once dining is completed and any alcohol purchased while dining has been consumed, persons cannot remain on the premises even if they are not consuming alcohol. This is because persons cannot be on hotel and tavern premises outside licensed hours, except from 6am until licensing hours begin for the day. Licensed restaurants, conveyances and entertainment venues, may have persons on the premises anytime but must restrict the sale and supply of alcohol on these days to persons on the premises to dine and within licensing hours.

There is very little guidance on the amount of alcohol that may be purchased while dining, just that any alcohol that is purchased must be consumed while dining or finished shortly after dining is completed. The more alcohol that is purchased the more difficult it may be to say that a person is present on the premises to dine.

Accordingly, alcohol sale and supply for all types of licence must cease at midnight on each of Thursday 13 April and Saturday 15 April unless one of the above exceptions applies. This is because Good Friday and Easter Sunday have restrictions on the sale of alcohol effective from midnight.

Off premise licences are also not able to sell or supply alcohol from the premises on Good Friday or Easter Sunday. However, off-licences where wine is produced on the premises may be sold and supplied within licensing hours on Easter Sunday. For your convenience, the member resources on alcohol trading restrictions and public holidays relevant to the Easter period are listed below. To download these resources you must have your Hospitality NZ membership login details ready.

Easter Sunday Shop Trading Employees Notification - Info Sheet. Christmas, Easter and ANZAC Day - Sale of Alcohol Restrictions Info Sheet Public Holidays - Employer Obligations Info Sheet and Flow Chart 9.

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