Hearings Committee
Local easter sunday shop trading policy
MINUTES
Minutes of an ordinary meeting of the Hearings Committee held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin, on Wednesday 05 September 2018, commencing at 9.00 am
PRESENT
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Chairperson |
Cr Andrew Whiley |
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Members |
Cr Marie Laufiso |
Cr Damian Newell |
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Cr Kate Wilson |
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IN ATTENDANCE |
Simon Pickford (General Manager, Community Services), Adrian Blair (Group Manager Customer and Regulatory Services) and Kristy Rusher (Chief Legal Officer) |
Governance Support Officer Wendy Collard
Members were reminded of the need to stand aside from decision-making when a conflict arises between their role as an elected representative and any private or other external interest they might have.
Moved (Whiley/Wilson)
That the Committee:
a) Notes the Elected or Independent Members' Interest Register; and
b) Confirms the proposed management plan for Elected or Independent Members' Interests.
2 Summary of submissions for Local Easter Sunday Shop Trading Policy review
A report from Corporate Policy and Customer and Regulatory Services presented a summary of the 111 submissions that had been received on the review of the Local Easter Sunday Trading Policy. It noted that the consultation period was from 2 July to 3 August 2018.
The report also noted that of the 111 submissions, 36% selected to continue the policy which allowed all shops with the Dunedin City Council area to open on Easter Sunday; 63% selected not to continue with the policy. There was one submission that did not select any option.
Otago Chamber of Commerce – Dougal McGowan
On behalf of the Otago Chamber of Commerce, Mr McGowan reiterated the points in their submission in support of retaining the Local Easter Sunday Shop Trading Policy.
Mr McGowan commented that the Local Easter Sunday Shop Trading Policy was a permissive policy which gave businesses choice. He also commented that the decision Council would be making was for either 3 or 5 years and not just next Easter. Mr McGowan requested that the Council retain the Local Easter Sunday Shop Trading Policy.
Mr McGowan responded to questions from the Committee.
Mitre 10 MEGA and Mitre 10 Mosgiel– Neil Finn-House
On behalf of Mitre 10 MEGA and Mitre 10 Mosgiel, Neil Finn-House spoke to their submission in support of the Local Easter Sunday Shop Trading Policy. Mr Finn-House advised that Mitre 10 Mosgiel had not opened and provided details of the trading that had occurred at their Mitre 10 MEGA store on Easter Sunday.
Mr Finn-House commented that in the future Mitre 10 would like to be able to open on Easter Sunday and that they supported businesses right to open; workers right to work and people’s right to shop.
Mr Finn-House responded to questions from the Committee and reiterated that Mitre 10 supported option one – continuation of the policy to allow all shops within the DCC area to open on Easter Sunday.
Retail New Zealand – Greg Harford
Greg Harford on behalf of Retail New Zealand spoke to their submission and commented on the success of the Local Easter Sunday Shop Trading Policy. Mr Harford requested that Council approve the continuation of the policy as it was currently.
Mr Harford commented that retail stores were the only industry that had restrictions placed on them regarding Easter Sunday Trading. He commented that he felt that business should have the ability to have a choice to open or not.
Mr Harford responded to questions and reiterated their support for the continuation of the Local Easter Sunday Shop Trading Policy.
Peter Matheson
Peter Matheson spoke to his submission in opposition to the continuation of the Local Easter Sunday Shop Trading Policy. Mr Matheson commented that he felt people needed a work/life balance and a break from commercialism and that retail businesses being closed on Easter Sunday allowed this.
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Adjournment of meeting
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Moved (Cr Andrew Whiley/Cr Kate Wilson): That the Committee: Adjourns the meeting. Motion carried (HEAR/2018/008)
The meeting adjourned from 11.05 am to 1.00 pm. |
Stirling Sports – Russell Fowler
On behalf of Stirling Sports, Mr Fowler reiterated the points of their submission which included ensuring that Dunedin maintained its competitiveness with other cities and towns. Mr Fowler responded to questions from the Committee.
First Union – Angus Wilson
Angus Wilson tabled and spoke to the First Union submission in opposition to the continuance of the Local Easter Sunday Shop Trading Policy. Mr Wilson reiterated First Union’s position that Easter Sunday should be maintained as a guaranteed day off for workers.
Mr Wilson responded to questions from the Committee.
Jen Olsen
Jen Olsen tabled and spoke to her submission on the Local Easter Sunday Shop Policy. Ms Olsen commented that she wanted Council to send a clear message that Dunedin valued family and community over commercialisation of our leisure time. She advised that she supported option 2 – Do not continue the policy which allowed all shops within the DCC area to open on Easter Sunday. Ms Olsen requested that Council restore the status of Easter Sunday as a holiday from commercial activity.
Ms Olsen responded to questions from the Committee.
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Adjournment of meeting
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Moved (Cr Andrew Whiley/Cr Damian Newell): That the Committee:
Adjourns the meeting. Motion carried (HEAR/2018/009)
The meeting adjourned from 1.45 pm to 2.12 pm.
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There was a discussion on the scope of the Committee and the Shop Trading Act 1990.
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The Hearings Committee gave consideration to the all the submissions both written and presented. There was a discussion on the both the negative and positive effects of Easter Sunday Shop Trading.
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Moved (Marie Laufiso/Damian Newell): That the Committee:
a) Recommends that Council adopt option 2 “do not continue the policy that allows shops within the DCC area to open on Easter Sundays” for the following: · The Committee considered the strategic framework and concluded that the balance of submissions favoured giving priority to the Social Wellbeing Strategy over the Economic Development Strategy; · The submissions made by employees and families provided detailed information about the issues highlighted in the Social Wellbeing Strategy and more weight was placed on those submissions; · The evidence provided by the Retailers and consumers did not satisfy the Committee that the demand to open all shops would result in economic benefit to the community as a whole; · The Committee notes that the interests relating to religious significance of Easter Sunday are also met with this outcome.
b) Recommends that if a major event is scheduled to occur during the Easter weekend period, the Council initiates a Special Consultative Procedure to consider a Local Easter Sunday Shop Trading Policy should be adopted; and
c) Recommends That Council writes to the Ministry of Business Innovations and Employment (MBIE) on the following topics:
· An amendment to the Shop Trading Act 1990 to provide for a Local Easter Sunday Shop Trading Policy to take effect only if specified conditions are met; · An amendment to Section 4 of the Shop Trading Hours Act 1990 to include Hardware/DIY stores; · An amendment to Section 5I of the Shop Trading Hours Act 1990 to increase the notice period to employees to between 16 and 12 weeks before the relevant Easter Sunday This will reduce the likelihood of cancelling holiday arrangement. The Committee:
a) Notes the impact of this decision for certain types of retailing and encourages retailers to participate in the consultation when the adoption of a policy is next proposed. Motion carried (HEAR/2018/010) with Councillor Andrew Whiley recording his vote against
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The meeting ended at 3.48 pm
CHAIRPERSON