Easter 2012 - Public holidays & non-trading days

Good Friday, Easter Sunday and Easter Monday this year are observed on Friday 6 April, Sunday 8 April and Monday 9 April respectively.

Good Friday and Easter Monday are both public holidays, however Easter Sunday is not.

Good Friday and Easter Sunday are both non-trading days.

Unless a shop is specifically exempted, it is an offence to open on a non-trading day. Offenders are liable to prosecution and a $1,000 fine.

On non-trading days, shops such as dairies, service stations, souvenir shops, duty free stores, stores selling food ready to be eaten, bookstalls at public passenger transport terminals, pharmacies, shops at genuine exhibitions and shows may open. Other stores, (unless they hold a pre-existing exemption order) must be closed, with the single exception that garden centres may open on Easter Sunday. If you are required to be closed you may not offer any goods for sale or supply.

For Good Friday and Easter Monday the standard public holiday rules apply.

Remember that Easter Sunday is not a public holiday. If you cannot trade on Easter Sunday and your employment agreements do not deal with this, you will have to make arrangements with staff who would have normally worked on that day. Otherwise they will be entitled to their normal pay for that day.

You are able to have staff working, for example to do a stocktake or general reorganisation of stock (providing due process is followed with regard to the temporary change of duties), but the shop must remain closed. Any staff who do undertake this type of work for you on Easter Sunday will be due their ordinary pay rate.

Most stores instead arrange for all staff to have the day off. If the employment agreement allows changes of hours/days for temporary situations, this might include agreeing with the employee to swap a rostered day, or use an alternative holiday earned previously, or to take a day’s annual leave or leave without pay. You must agree any such changes in advance and should discuss this with affected employees at least two weeks before Easter.

If the employment agreement guarantees minimum hours, or does not provide for temporary changes, you are likely to have to pay for the day.

If the employment agreement deals with the issue, by saying that Easter Sunday will not be a working day if you are prevented from trading, you need only remind staff of the provision and invite any who still wish to be paid to apply for annual leave or an alternative holiday (if available).

If in doubt, members are welcome to phone the advisors on freephone 0800 472 472 or to download the NZRA circulars Shop Opening Hours and Guide to the Holidays Act 2003.