Hearings Committee

 local eASTER sUNDAY TRADING POLICY

MINUTES

Minutes of an ordinary meeting of the Hearings Committee held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin, on Monday 13 November 2017, commencing at 9.30 am

PRESENT

Chairperson	Cr Andrew Whiley
Members	Cr Marie Laufiso	Cr Damian Newell
	Cr Kate Wilson

IN ATTENDANCE

Simon Pickford (General Manager Community Services), Kristy Rusher (Manager Legal and Civic), Adrian Blair (Group Manager Customer and Regulatory Services) and Anne Gray (Policy Analyst, Corporate Policy)

Governance Support Officer      Rebecca Murray

1       Introduction
	Cr Whiley opened the meeting, provided housekeeping information and advised on the process for the hearing.

2       Apologies
	There were no apologies.

3       Declaration of Interest
	Moved (Cr Andrew Whiley/Cr Damian Newell): That the Hearings Committee: a) Notes the Members' Interest Register; and b) Confirms the proposed management plan for Members’ Interests. Motion carried (HEAR/2017/001)

4       Confirmation of Agenda
	Moved (Cr Andrew Whiley/Cr Damian Newell): That the Hearings Committee: Confirms the agenda with the following alterations: a) In regard to Standing Order 21.1, Option C be adopted in relation to         moving and seconding and speaking to amendments. Motion carried (HEAR/2017/002)

5       Procedural Matters
	There were no procedural matters raised.

6       Consideration of Late Submissions
	The General Manager Community Services provided an overview of the late submissions, noting some dates on some submissions showed as after the submission period had closed but this was due to an administrative process and they had been received within the correct timeframe.
	Moved (Cr Kate Wilson/Cr Damian Newell): That the Hearings Committee: a)      Accept all of the late submissions. Motion carried (HEAR/2017/003)

7       overview of the report on the summary of submissions for LOCAL easter sunday trading policy
	The General Manager Community Services provided an overview of the report.

8       consideration of submissions

Ann Galloway Ms Galloway spoke to her submission and commented that she did not support a Local Easter Sunday Trading Policy.  She reiterated points in her submission including Sunday being a sacred day.  Ms Galloway believed that if employers rostered a staff member to work on the Sunday, they would be obliged to do so.  She commented that Easter Sunday was not a public holiday, therefore if people were called into work there was no extra compensation for working.  In closing, Ms Galloway commented that this would not benefit Dunedin and therefore should not be supported. Barry Simpson Mr Simpson spoke to his submission and reiterated that he did not support a Local Easter Sunday Trading Policy.  He believed there was no need for shops to be open as petrol stations were like mini supermarkets.  Jenny Olsen Ms Olsen  spoke in opposition to a Local Easter Sunday Trading Policy.  She requested that the Committee consider the small businesses and families and maintain the cultural holidays.  Craig Nieper – New World Centre City On behalf of New World Centre City, Mr Nieper spoke in support of their submission to approve a Local Easter Sunday Trading Policy.  Mr Nieper commented that opening on Easter Sunday would relieve the pressure and stress of staff as operating the whole of Easter, would help prevent large impulse grocery sales.  In response to a question on staffing, Mr Nieper advised that he had not consulted with staff as yet however other public holidays were oversubscribed with staff therefore he did not anticipate any issues. Shirley Walthew – FIRST Union On behalf of FIRST Union, Ms Walthew spoke to their submission in opposition to a Local Easter Sunday Trading Policy.  She commented that the status quo should continue thereby allowing people to spend the day with their family.  Ms Walthew expressed concern that employers would pressure staff to work.  Reverend Kerry Enright Reverend Enright  spoke to his submission and reiterated the points raised in opposition to a Local Easter Trading Policy.  Reverend Enright spoke of the religious significance of the day and commented that he felt Easter Sunday should be left as a sacred religious day. The meeting adjourned at 10.55am and reconvened at 11.25am. Sarah Eyre Ms Eyre spoke to her submission which did not support a Local Easter Sunday Trading Policy.  She advised of the difficulties for an employee to turn an employer down when requested to work.  Ms Eyre commented on the impact to family life and commented that she believed the policy should not be changed because a concert was on in the city. Dean Gick - Bunnings Limited On behalf of Bunnings Limited, Mr Gick spoke to their submission which supported a Local Easter Sunday Trading Policy.  He advised Bunnings Limited would provide time in lieu for the hours worked on the Easter Sunday and would welcome fundraising by a community group on the day.  Mr Gick advised that he believed the staff at Bunnings Limited would be prepared to work on the Easter Sunday. The meeting adjourned at 11.45am and reconvened at 11.52am. Keri Hannifin - Countdown On behalf of Countdown, Ms Hannifin  spoke to their submission which supported a Local Easter Sunday Trading Policy.  She advised there were four stores in Dunedin however not all would be trading on Easter Sunday.  Ms Hannifin commented that  if staffing levels were too low to open the stores would remain closed, as Countdown took employee relations very seriously. Les Ingram Mr Ingram spoke to his submission which did not support a Local Easter Sunday Trading Policy.  He commented on the negative impact for family life should the change proceed.  In response to a question, Mr Ingram agreed that supermarkets and the like should open, however businesses such as building supply stores should remain closed. The meeting adjourned at 12.15pm and reconvened at 1.40pm Malcolm Deans – Unions Otago On behalf of Unions Otago, Mr Deans spoke to their submission which did not support a Local Easter Trading Policy.  He commented that the adoption of the policy would be a backwards step as New Zealand already had some of the most liberal approaches to shop trading hours in the western world.  Neil Finn-House – Mitre 10 Mega and Mitre 10 Mosgiel On behalf of Mitre 10 Mega and Mitre 10 Mosgiel, Mr Finn-House spoke to their  submission in support of a Local Easter Sunday Trading Policy.  He advised that a lot of customers planned projects over the Easter weekend, therefore it was beneficial for shops such as Mitre 10 to remain open. Mr Finn-House advised that he believed the 1990 legislation was out of date with regards to the garden centre.  As this was not a statutory holiday it was hard to ask an employee to take an annual leave day.  Paul Watson – First Union On behalf of First Union, Mr Watson spoke to their submission and commented that they did not support a Local Easter Sunday Trading Policy.  Mr Watson questioned the benefit to the people of the one-off concert coming to town. Peter Dowden Mr Dowden spoke to his submission in support of a Local Easter Sunday Trading Policy.  Russell Fowler – Stirling Sports Mr Fowler spoke on behalf of the submission from Stirling Sports in support of a Local Easter Sunday Trading Policy.  He advised that with the influx of visitors to the city, he believed the shops should be open and noted the competition with Central Otago and online shopping. The meeting adjourned at 3.15pm and reconvened at 3.30pm. Terry Davies – Dunedin Venues Management Limited On behalf of Dunedin Venues Management Limited, Mr Davies spoke to their submission in support of a Local Easter Sunday Trading Policy. Mr Davies spoke of the unique opportunity the Ed Sheeran concerts would bring to the city with the majority of concert goers being visitors to town.  He commented that it provided an ideal opportunity to showcase the city in a positive manner and encourage visitors to return to Dunedin in the future. Mr Davies implored the Hearings Committee to approve a Local Easter Trading Policy and reiterated that this was a rare opportunity that should be embraced. Sonja Mitchell Ms Mitchell commented that she did not support a Local Easter Sunday Trading Policy.  She advised that in her role as a union organiser for United Union some employees did not wish to work holidays to get extra pay.  Ms Mitchell advised that she believed there was more to do than shop in Dunedin, such as visit the Botanic Gardens or Tunnel Beach. The meeting adjourned at 4.20pm and reconvened in the Edinburgh Room on Tuesday 14 November at 9.00am. Dougal McGowan – The Otago Chamber of Commerce On behalf of The Otago Chamber of Commerce, Mr McGowan reiterated the points in their submission in support to a Local Easter Sunday Trading Policy.  Mr McGowan responded to questions raised by the Committee. The meeting adjourned at 10.00am and reconvened at 10.15am.

Resolution to exclude the public

Moved (Cr Andrew Whiley/Cr Kate Wilson):

That the Hearings Committee:

Pursuant to the provisions of the Local Government Official Information and Meetings Act 1987, exclude the public from the following part of the proceedings of this meeting namely:

General subject of the matter to be considered C1 Consideration of submissions

Reasons for passing this resolution in relation to each matter S7(2)(g) The withholding of the information is necessary to maintain legal professional privilege.

Ground(s) under section 48(1) for the passing of this resolution S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

Reason for Confidentiality To enable the Hearings Committee to seek legal advice.

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987, and the particular interest or interests protected by Section 6 or Section 7 of that Act, or Section 6 or Section 7 or Section 9 of the Official Information Act 1982, as the case may require, which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public are as shown above after each item.

Motion carried (HEAR/2017/004)

The meeting moved into non-public on Tuesday 14 November at 10.15am and reconvened in public on Monday 20 November at 4.54pm.

9       Deliberation and recommendation
	There was a lengthy discussion on the submissions both written and presented to the Hearings Committee.  The Hearings Committee commented on the importance of the recommendation and the need to reflect the impact on workers and their rights along with the benefits and opportunities for the city. It was agreed that Enterprise Dunedin be requested to advertise information relating to Easter weekend 2018 and outline information to provide clarity on what visitors could expect in terms of services and trading available.  The Hearings Committee noted that should Council approve the policy, it would be desirable for the Otago Chamber of Commerce and the Otago Southland Employers’ Association to be approached to develop best practice guidelines for engagement with employees over working on Easter Sunday.  Cr Whiley thanked members and staff for their work on this project.
	Moved (Cr Andrew Whiley/Cr Damian Newell): That the Hearings Committee recommends Council: (a) Adopts the Local Easter Sunday Shop Trading Policy effective 1 January     2018 so that any type of shop may trade on Easter Sunday.           Division         The Hearings Committee voted by division:                For:          Crs Damian Newell, Kate Wilson and Andrew Whiley (3)                Against:    Cr Marie Laufiso (1)         The division was declared CARRIED by 3 votes to 1. Motion carried (HEAR/2017/005)
	Moved (Cr Andrew Whiley/Cr Damian Newell):         That the Hearings Committee recommends Council:         a)     Reviews the Local Easter Sunday Shop Trading Policy commencing 90                days after Easter Tuesday 2018.           Division         The Hearings Committee voted by division:                For:          Crs Damian Newell; Kate Wilson, Marie Laufiso and Andrew                               Whiley (4)                Against:    (0)         The division was declared CARRIED by 4 votes to 0. Motion carried (HEAR/2017/006)
	Moved (Cr Andrew Whiley/Cr Damian Newell): That the Hearings Committee recommends Council: a) Writes to the Ministry of Business, Innovation and Employment requesting that advertising is undertaken to increase awareness of employers’ statutory obligations for offering employees work on Easter Sunday. Motion carried (HEAR/2017/007)

The meeting concluded at 5.32pm

CHAIRPERSON