LAWRENCE GULLERY
A HOME-HARDWARE retailer that flouted Easter Sunday trading regulations is hoping for a law change so it can open legally next time.
Scott and Ricketts was fined $500 plus $130 court costs in Hastings District Court yesterday.
Under current legislation, the maximum fine is $1000.
Crown prosector Jo Reilly told the court that Department of Labour inspectors had found the company's Mega Mitre 10 on St Aubyn St East in Hastings trading and witnessed customers buying goods from the store.
Mrs Reilly said the store had been sent a "warning letter" regarding Easter Sunday trading but the company's legal counsel, Stacey Fraser, argued the letter was more of an information document outlining the law.
Ms Fraser told Judge Geoff Rea the store did not set out to deliberately breach the law and had pleaded guilty to the charge.
Judge Rea said he took into account it was the first time the store had appeared on the charge.
It had not appeared "year after year" for breaching the Easter Sunday trading restrictions and there was no evidence the company had purposely set out to take advantage of the fine which it could easily pay.
Scott and Ricketts managing director for Napier and Hastings Graeme Ricketts said the company believed all retailers should be able to trade on Easter Sunday if they wished.
"We are happy about closing on Good Friday and recognising the religious importance of the day but Easter Sunday should be a fair trading day," he said.
Mr Ricketts told the court that current legislation was unfair because some retailers in areas deemed to be popular tourist destinations were able to trade while others were not.
"The second thing is that we believe the demand is there. We traded last Easter Sunday and did exceptionally well."
Mr Ricketts said the company was waiting to see if Easter Sunday trading legislation would change before deciding whether it would open its doors again this Easter.
"It's decision time for the politicians," he said.
"This comes up every year and someone has to put a stake in the ground and make a decision."
The Department of Labour said nationally there were 21 prosecutions for trading on Easter Sunday 2007.
Mitre 10 fined for Easter opening
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