The Ministry of Business, Innovation and Employment has issued guidance to retailers ahead of the Christmas period.
Under the Shop Trading Hours Act 1990, the Ministry said that all shops must close on only three days each year: Christmas Day, Good Friday, and Easter Sunday – adding that there are restrictions until 1pm on Anzac Day.
“It is important for business owners and their staff to understand the regulations around restricted trading days like Christmas Day,” the Labour Inspectorate’s head of compliance, Jeanie Borsboom, said.
Shops can open on restricted days in New Zealand under three specific circumstances. These are: Shops that are classed as essential, shops with an area exemption, and shops (trading) under local council policies.
Businesses are responsible for determining if they meet the criteria to trade, the Ministry added.
Businesses permitted to trade include dairies, petrol stations, pharmacies, restaurants or cafes, hairdressers, and barbers. Farmers’ and craft markets also fall into this category under certain conditions.
Some shops can open because they have an area exemption, which is generally granted in tourist destinations such as Taupō or Queenstown.
“Most businesses and employers follow the rules, however shops that do not fit into any of the exemption categories are committing an offence if they open and trade on restricted shop trading days,” Borsboom added.
The Ministry also reminded employees that they can only be required to work on a public holiday if it is stated in their employment agreement, or if the public holiday falls on a day they would normally work. Over the Christmas and New Year period, employees are entitled to be paid at least time-and-a-half for the hours worked and receive an alternative day off.