Shop Trading Hours Amendment Act 2016

• Jurisdiction: New Zealand
• Reference: 2016 No 39
• Citation: 2016 No 39
• Record Number: DLM6632700
• Act Number: 39
• Type of Document: Act

Contenidos

• Shop Trading Hours Amendment Act 2016
• Contents
• 1 Title
• 2 Commencement
• 3 Principal Act
• Part 1
• 4 Long Title repealed
• 5 Name of principal Act changed
• 6 New cross-heading above section 2 inserted
• 7 Section 2 amended (Interpretation)
• 8 New section 2A inserted (Transitional, savings, and related provisions)
• 2A Transitional, savings, and related provisions
• 9 New Part 1 heading and cross-heading above section 3 inserted
• Part 1
• 10 Section 3 amended (Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day)
• 11 New cross-heading above section 4 inserted
• 12 Section 4 amended (Certain shops may remain open)
• 13 New section 4B inserted (Shops in certain areas may remain open on Easter Sunday)
• 4B Shops in certain areas may remain open on Easter Sunday
• 14 New cross-heading above section 5 inserted
• 15 New Part 2 inserted
• Part 2
• 16 New Part 3 heading inserted
• Part 3
• 17 Section 7 amended (Consequential protection for certain workers)
• 18 Section 7A repealed (Further consequential protection for certain workers)
• 19 Section 8 amended (Effect of certain provisions in leases, etc)
• Part 2
• 20 New Schedule 1AA inserted
• 21 Schedule amended
• Schedules
• New Schedule 1AA inserted
• 1AA Transitional, savings, and related provisions

Shop Trading Hours Amendment Act 2016

Contents

1 Title

This Act is the Shop Trading Hours Amendment Act 2016.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Act that was previously called the Shop Trading Hours Act Repeal Act 1990 (the principal Act).

Part 1

4 Long Title repealed

Repeal the Long Title.

5 Name of principal Act changed

As from the commencement of this section,—

1. the Shop Trading Hours Act Repeal Act 1990 is called the Shop Trading Hours Act 1990:

2. every reference in any enactment and in any document to the Shop Trading Hours Act Repeal Act 1990 must, unless the context otherwise requires, be read as a reference to the Shop Trading Hours Act 1990.

In the heading to section 1, delete Short.

In section 1(1), replace may be cited as the Shop Trading Hours Act Repeal Act 1990 with is the Shop Trading Hours Act 1990.

6 New cross-heading above section 2 inserted

After section 1, insert:

7 Section 2 amended (Interpretation)

In section 2, insert in their appropriate alphabetical order:

8 New section 2A inserted (Transitional, savings, and related provisions)

After section 2, insert:

2A Transitional, savings, and related provisions

9 New Part 1 heading and cross-heading above section 3 inserted

Before section 3, insert:

Part 1

10 Section 3 amended (Shops to be closed on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day)

In section 3(1), replace sections 4 and 4A with sections 4, 4A, and 4B.

11 New cross-heading above section 4 inserted

After section 3, insert:

12 Section 4 amended (Certain shops may remain open)

In section 4(1)(b)(ii), replace any premises licensed as an export warehouse under Part 4 of the Customs Act 1966 with an export warehouse (within the meaning of section 2(1) of the Customs and Excise Act 1996).

13 New section 4B inserted (Shops in certain areas may remain open on Easter Sunday)

After section 4A, insert:

4B Shops in certain areas may remain open on Easter Sunday

14 New cross-heading above section 5 inserted

Before section 5, insert:

15 New Part 2 inserted

After section 5, insert:

Part 2

Part 1

5A Territorial authority may have local Easter Sunday shop trading policy

A territorial authority may have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in an area comprising—

1. the whole of its district; or

2. any part or parts of its district.

A local Easter Sunday shop trading policy under subsection (1) may not—

1. permit shops to open only for some purposes; or

2. permit only some types of shops in the area to open; or

3. specify times at which shops may or may not open; or

4. include any other conditions as to the circumstances in which shops in the area may open.

A local Easter Sunday shop trading policy under subsection (1)(b) must include either or both of the following:

1. a map of the area:

2. a clear description of the boundaries of the area so that they are easily identifiable in practice.

5B Adoption, amendment, and revocation of local Easter Sunday shop trading policy

A territorial authority must use the special consultative procedure when deciding whether to—

1. adopt a local Easter Sunday shop trading policy; or

2. amend a local Easter Sunday shop trading policy; or

3. revoke a local Easter Sunday shop trading policy.

A territorial authority must,—

1. as soon as practicable after adopting or amending a local Easter Sunday shop trading policy, make the policy publicly available; and

2. as soon as practicable after deciding to revoke a local Easter Sunday shop trading policy, make publicly available the date on which the revocation is effective.

5C Review of local Easter Sunday shop trading policy

A territorial authority that is reviewing a local Easter Sunday shop trading policy must use the special consultative procedure to decide whether to—

1. amend the policy; or

2. revoke the policy; or

3. replace the policy; or

4. continue the policy without amendment.

5D Delegation of power in relation to local Easter Sunday shop trading policies

5E Chief executive to be notified of local Easter Sunday shop trading policy

A territorial authority must, within 10 working days after the date on which the territorial authority adopts, amends, or revokes a local Easter Sunday shop trading policy,—

1. notify the chief executive of the decision to adopt, amend, or revoke the policy; and

provide to the chief executive—

1. a copy of the resolution to adopt, amend, or revoke the policy; and

2. in the case of an adoption or amendment of a policy, a copy of, or an electronic link to, the policy.

Part 2

5F Interpretation

5G Provision requiring shop employee to work, or be available to work, on Easter Sunday unenforceable

5H Shop employee’s right to refuse to work on Easter Sunday

A shop employee—

1. may refuse to work on Easter Sunday; and

2. is not required to provide the employer with a reason for refusing to work on Easter Sunday.

5I Employer’s obligation to notify shop employee of right to refuse to work on Easter Sunday

A notice under subsection (1) must—

1. be in writing; and

be given,—

1. in the case of a shop employee whose employment with the employer started more than 4 weeks before the relevant Easter Sunday, no earlier than 8 weeks and no later than 4 weeks before the relevant Easter Sunday; and

2. in the case of a shop employee whose employment with the employer started 4 weeks or less before the relevant Easter Sunday, as soon as is reasonably practicable after the shop employee’s employment with the employer starts; and

be—

1. delivered in person to the shop employee; or

2. sent by email to the shop employee; or

3. if a manner of giving notices is specified...