KEY POINTS:
Retailing this Easter is set to be a circus again despite comprehensive public consultation last year by the Department of Labour to get to the bottom of some very old and tired issues around shop trading laws.
Everyone got the opportunity to be formally heard through a lengthy
submission process and Parliament should have tidied up the issues around Easter trading by now. But it seems the Government hasn't wanted to take a position in election year, as it knows whatever it decided it would only lose friends. Having said that, doing the right thing is long overdue.
Once again we will see inspectors out and about this Easter issuing $1000 fines to some retailers and not others.
Only fresh legislation will sort out the annual Easter circus. Until then the same headaches will recur. It's crazy that visitor destinations like Queenstown and Taupo can trade, but Rotorua, Mt Maunganui and Wanaka can't and desperately want to.
There also remain silly anomalies that see the likes of Parnell being allowed to trade on Easter Sunday because it got an exemption in 1989.
As the country's leading retail district, Newmarket has long pushed for the Government to sort out Easter.
Since the Shop Trading Hours Act Repeal Act 1990, we've had a lot of talk out of Wellington about potential improvements, including two private members' bills presented last year.
This is not about further liberalisation of shop trading hours as we have good reason to believe most retailers don't actually want to open on Good Friday and Easter Sunday.
However, there does need to be a new and level playing field is needed which consistently maps out which visitor destinations are exempt and which shops providing "essential" supplies can open. Also, those areas with historic exemptions need to be re-assessed and the question of whether garden centres should be allowed to open on Good Friday needs to be ruled on. Since 2001, garden centres have been allowed to open on Easter Sunday only.
Three months ago the Newmarket Business Association conducted a snap poll of its membership which revealed that about three-quarters of its retailers are against a potential law change to allow all New Zealand shops to open on Easter Sunday.
More than 400 Newmarket retailers were emailed the question: "Should the Government change the law to allow all New Zealand shops to open on Easter Sunday?" Interestingly, 73 per cent of respondents were against shops opening on Easter Sunday and 27 per cent for.
It is very clear that retailers value having Easter off - it's their sole surviving long weekend. Let's not forget that most of them are open 361.5 days of the year. Some believe if Easter Sunday goes, then so will Good Friday, Christmas and Anzac Day morning.
Subsequently we supported the majority of our retailers in our submission and told the Government to put the brakes on and preserve these 3 1/2 days.
There is always the counter-argument that opening one's shop is never compulsory and so those who don't want to open wouldn't have to. But retailers by their very nature don't want to miss shoppers if all their neighbours are open.
Also, let's not forget that if you're in a shopping centre, chances are your opening hours are dictated to you.
There will always be specific geographical areas, such as tourist towns, and specific types of retailers who want to open and should be given the opportunity. But there seems no real mandate for further liberalisation of shop trading laws generally. I suspect a poll of consumers would draw the same conclusion.
So let's preserve those 3 1/2 days but let's also see some urgency come out of Parliament as a result of the Department of Labour's consultation. We strongly believe fairer Easter trading legislation could be drafted that irons out all the inconsistencies that cause so much angst every year.
If a Government does not want to be judged by its proposed changes, then the issue should be treated in Parliament as a conscience vote. At the end of the day personal views on Easter trading cross political divides.
One thing everyone can agree on, however, is that something needs to be done - and soon.
* Cameron Brewer is the general manager of the Newmarket Business Association.
