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Hearings Committee
5 September 2018
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Summary of submissions for Local Easter Sunday
Shop Trading Policy review
Department: Corporate Policy and Customer and Regulatory
Services
EXECUTIVE SUMMARY
1 This
report presents a summary of the 111 submissions received on the review of the
Local Easter Sunday Trading Policy. Submissions were received during the formal
consultation period of 2 July – 3 August 2018.
2 Of the
111 submissions, 36 percent selected option one, to continue the policy to
allow all shops within the Dunedin City Council (DCC) area to open on Easter
Sunday; 63 percent chose option two, not to continue the policy that allows all
shops within the DCC area to open on Easter Sundays. One submitter did not
select any option.
3 Eleven of
the submitters have requested to be heard.
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RECOMMENDATIONS
That the Committee:
a) Considers the
summary of submissions as it deliberates on a Dunedin City Council Easter
Sunday Trading Policy;
b) Recommends
to Council whether to continue the Local Easter Sunday Shop Trading Policy.
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BACKGROUND
Council
adopts policy
4 In
December 2017, the Council adopted a Local Easter Sunday Shop Trading Policy
for Dunedin. This followed a request from the Otago Chamber of Commerce to
consider the introduction of a policy for Dunedin.
5 At its
December meeting, the Council resolved that it:
Adopts
a Local Easter Sunday Shop
Trading Policy with the date of effect 1 January 2018 so that any type of
shop may trade on Easter Sunday.
i)
Decides to schedule a review of the Local Easter Sunday Shop Trading Policy to
begin 90 days after Tuesday 3 April 2018.
ii)
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.
Moved (Cr Andrew Whiley/Cr Doug Hall).
In June 2018, the Council adopted a Statement of Proposal
for use to review the policy.
At its June meeting, the Council resolved that it:
a) Adopts the
Local Easter Sunday Shop Trading Policy Statement of Proposal.
b) Reappoints the
members of the Hearings Committee as follows:
i)
Councillor Andrew Whiley (Chair)
ii) Councillor
Marie Laufiso
iii)
Councillor Kate Wilson
iv)
Councillor Damian Newell.
Moved (Cr Aaron Hawkins/Cr Doug Hall)
Legislation
6 The 2016
Amendment to the Shop Trading Hours Act 1990 (the Act) allows territorial
authorities to create a local policy to allow Easter Sunday shop trading in its
area. If adopted, an Easter Sunday shop trading policy means that opening
to trade is permitted.
7 Without a
policy, current restrictions apply i.e. on Easter Sunday only pharmacies,
restaurants, souvenir shops and garden centres are able to trade.
Licensed premises (including restaurants) are also able to trade, however they
are subject to restrictions imposed by the Sale and Supply of Alcohol Act,
limiting the sale of alcohol to people present on the premises for dining.
8 Local
policies must comply with shop trading provisions in other legislation, such as
opening hours or determining what types of shops may open. Restrictions
already in place pursuant to the Sale and Supply of Alcohol Act 2012 are not
affected by such a policy.
9 The Act
acknowledges that Easter Sunday continues to be a day of significance across
New Zealand and some people would prefer not to work on this day. Shop
employees can refuse to work on Easter Sunday and employers must not compel or
treat shop employees adversely if they refuse.
10 Likewise, an Easter
Sunday Shop Trading Policy does not compel businesses to open on Easter Sunday,
however it gives them the option to trade should they wish to do so.
11 Mandatory opening
provisions in shop leases may not be interpreted as requiring a shop to trade
on Easter Sunday (unless it is the type of lease for which there is a specified
exception in the Act, for example a garden centre).
12 If adopted, a Local
Easter Sunday shop trading policy must be reviewed within five years. The
special consultative procedure must be used to decide whether to:
a) Amend the
policy
b) Revoke the policy
c) Replace the
policy or
d) Continue the
policy without amendment.
13 After this first
review, no further reviews are required by legislation. Further reviews may be
made at any time and the Council may wish to specify a review period.
Initial
consultation May 2018
14 Following Easter
Sunday 2018, questions were developed to find out how each of the stakeholder
groups: employees, retailers and the public, were affected by the policy on
Easter Sunday 2018.
15 Feedback was mixed
and was reported to the Council in June 2018. Key issues were the importance of
protecting this non-trading day for families and health but also the importance
of having the choice to trade, shop and work. Some workers felt obligated
or pressured to work if they did not want to while others appreciated the
opportunity to shop and trade.
DISCUSSION
16 This section
provides a summary of results from public consultation. It also presents the
results of a petition and of surveys provided by organisations who submitted.
Results
of consultation
17 Consultation using
the special consultative procedure ran from 2 July until 3 August 2018. Of the
total 111 submissions, approximately 14 were from representatives of
organisations. These included retail and business organisations as well as
unions. The remainder were from individuals.
18 The majority of
submitters, 63 percent, supported option two, not continuing the policy that
allows all shops within the DCC district to open on Easter Sundays
(current situation); 36 percent chose option one, to continue the policy to
allow all shops within the DCC area to open on Easter Sundays; and one person
(one percent) did not select an option - see Table 1.
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Options
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Number
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%
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1. Continue the
policy to allow all shops within the DCC area to open on Easter Sundays
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40
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36%
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2. Do not continue
the policy that allows shops within the DCC area to open on Easter Sundays
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70
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63%
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Did not
select either option
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1
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1%
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TOTAL
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111
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100%
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Table 1: Support for options
19 The main topics
commented on by those who selected option one, were (in order of frequency):
· Allow
the choice to trade, shop, work (23 comments)
· Easter
Sunday is no longer religiously significant (11 comments)
· There
are economic benefits from trading on this day (9 comments)
· Other
comments such as trading is good customer service for Dunedin visitors and
residents; it is sensible; and it allows opportunities for work.
20 The main topics
commented on by those who selected option two, were (in order of frequency):
· Workers
need Easter Sunday for family, rest and recreational time (45 comments)
· Do
not support the loss of one of only 3.5 guaranteed holidays per year (22
comments)
· Workers
feel pressured or obligated to work despite legislation (21 comments)
· Easter
Sunday is religiously significant and should be observed (11 comments)
· Easter
2018 was a one-off for trading with Ed Sheeran concerts (6 comments)
· Other
comments such as shops don’t need to be open every day; there are better
ways to spend this day; and officer workers don’t have to work so why
should retailers.
Organisation
petition and surveys
21 As part of their
submissions, two organisations provided results of surveys and one organisation
provided a petition.
Unite Union
22 Unite Union included
a petition as part of its submission. The petition includes 84 signatures who
“support retaining Easter Sunday as a trading holiday in Dunedin –
there are more enjoyable and interesting ways to spend Easter Sunday than
working and shopping”. The petition included three signatories with
German addresses.
Chamber of Commerce
23 The Otago Chamber of
Commerce surveyed its retail members. 62 percent of the 23 respondents opened
on Easter Sunday 2018 and of these 76 percent found it financially beneficial.
60 percent thought they would open in the future and 75 percent thought
retailers should have the choice to open.
24 The Chamber also
surveyed its general members and 70 percent of the 78 respondents supported
continuation of the policy.
Retail NZ
25 Retail NZ included
national data with its submission, including the proportion of those who
shopped on Easter Sunday 2018 and whether government should require shops to be
closed on religious holidays.
OPTIONS
26 There are no options
with this report as its purpose is to present the results of public
consultation on the Easter Sunday Trading Policy for consideration by the
Hearings Committee.
NEXT STEPS
27 This report
summarising submissions on the Easter Sunday Trading Policy is to inform the
Hearings Committee during its deliberations in September. The Hearings
Committee will then report to the Council in November for a decision on whether
the Local Easter Sunday Shop Trading Policy will continue in Dunedin.
Signatories
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Author:
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Anne Gray - Policy Analyst
Adrian Blair - Group Manager Customer and Regulatory
Services
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Authoriser:
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Simon Pickford - General Manager Community Services
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Attachments
There are no attachments for
this report.
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SUMMARY OF CONSIDERATIONS
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Fit with purpose
of Local Government
This report enables democratic local decision making and
action by, and on behalf of communities.
This report relates to providing a regulatory function and
it is considered good-quality and cost-effective.
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Fit with strategic
framework
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Contributes
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Detracts
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Not applicable
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Social Wellbeing Strategy
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☒
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☒
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☐
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Economic Development Strategy
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☒
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☐
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☐
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Environment Strategy
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☐
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☐
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☒
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Arts and Culture Strategy
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☐
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☐
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☒
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3 Waters Strategy
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☐
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☐
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☒
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Spatial Plan
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☐
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☐
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☒
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Integrated Transport Strategy
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☐
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☐
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☒
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Parks and Recreation Strategy
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☐
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☐
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☒
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Other strategic projects/policies/plans
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☐
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☐
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☒
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This summary report for consideration does not contribute
to the strategic framework.
Easter Sunday trading potentially contributes to the
vitality and vibrancy of the city. It has potential to both contribute and
detract from the standard of living and vibrant and cohesive communities
priorities of the Social Wellbeing strategy.
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Māori Impact
Statement
This summary report for consideration has no specific
implications for tangata whenua.
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Sustainability
This summary report for consideration has no specific
implications for tangata whenua.
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LTP/Annual Plan /
Financial Strategy /Infrastructure Strategy
There are no implications for the LTP, Annual Plan,
Financial Strategy or Infrastructure Strategy.
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Financial
considerations
There are no financial implications.
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Significance
The significance of any decision relating to an Easter
Sunday Trading Policy is considered med – high in terms of the
Council’s Significance and Engagement Policy with regard to community
interest and involvement.
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Engagement –
external
This report summarises submissions made as part of a
special consultative procedure on the review of the Local Easter Sunday Shop
Trading Policy.
During initial consultation, feedback was sought from the
Otago Chamber of Commerce, Otago Southland Employers’ Association,
First Union, Unite, the Combined Christian Groups Ministry Support Group, the
People's Panel and previous submitters. These groups were also advised of the
review and invited to submit again in July. Survey of retailers, employees and
the public were carried out following Easter 2018 to gauge the experiences of
each group. Results were reported to the Council in June 2018.
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Engagement -
internal
There has been engagement with in-house legal counsel,
Corporate Policy and Customer & Regulatory Services.
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Risks: Legal /
Health and Safety etc.
There are no identified risks.
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Conflict of
Interest
There is no known conflict of interest.
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Community Boards
There are no specific implications for Community Boards.
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