Easter and Anzac Day Trading Laws
17 Apr 2019
With Easter and Anzac Day Trading just around the corner you will need to be aware of the following statutes that apply during this period namely: The Sale and Supply of Alcohol Act 2012 (“SASA”), Employment Relations Act 2000 (“ERA”) and the Shop Trading Hours Act 1990 (“STA”).
Hospitality New Zealand has put together a list of questions and answers to help you comply with your obligations under the law.
1. Can I serve or supply alcohol on Good Friday, Easter Sunday and before 1pm on Anzac Day?
Under SASA, Easter is a sacrosanct day which means that serving alcohol is prohibited to any person other than:
a) People residing or lodging on the premises as a guest, lodger, tenant, or employee of the licensee.
b) Where there is a special license for an event.
c) People who are on the premises are there to dine.
2. Can I serve bar snacks like hot chips to get around point 1(c)?
No, because dining means a main meal.
3. If I don’t have a special license can I still serve alcohol?
Without a special license, alcohol can only be served to patrons who are on the premises to dine.
4. After 1pm on Anzac Day can I serve alcohol without food?
5. Why is the STA relevant?
The 2016 changes to the STA mean that:
a) employees who work in a ‘shop’ can refuse to work on Easter Sunday without giving a reason.
b) employers must write to employees between 4 to 8 weeks before Easter Sunday if they want them to work on Easter Sunday and notifying them of the right to refuse.
c) employees can file a personal grievance, under the ERA, on the grounds these obligations were not complied with.
Refer to our Easter Sunday Shop Trading / Employee Notification Info Sheet #2.4
6. But my bar/café/restaurant is not a shop?
By law, bars, cafés, and restaurants are shops because they sell goods (food).
7. Do I have to pay my employees time and a half and a day in lieu for working Easter Sunday?
No, because it is not a public holiday.
8. Where can I get more information on this?
You can download the following information sheets from our website:
a) Christmas Day, Good Friday, Easter Sunday and Anzac Day Sale of Alcohol Restrictions Info Sheet #10.3
b) Easter Sunday Shop Trading / Employee Notification Info Sheet #2.4
For more information, please contact your Regional Manager.
Disclaimer: the content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.