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Shop Trading Hours Act 1990 Repeal (Easter Sunday Local Choice) Amendment Bill (Consistent) (Section 15) [2009] NZBORARp 76 (1 December 2009)

Last Updated: 28 April 2020

Shop Trading Hours Act 1990 Repeal (Easter Sunday Local

Choice) Amendment Bill

1 December 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

SHOP TRADING HOURS ACT 1990 REPEAL (EASTER SUNDAY LOCAL CHOICE) AMENDMENT BILL

1. We have considered whether the Shop Trading Hours Act 1990 Repeal (Easter Sunday Local Choice) Amendment Bill (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). The Bill is a Member’s Bill in the name of Todd McClay MP. The Bill was introduced to the House of Representatives on 19

November 2009. We understand that the next Member’s day is scheduled for

Wednesday, 9 December 2009.

2. The Bill amends the Shop Trading Hours Repeal Act 1990 to enable territorial authorities to allow or restrict trading on Easter Sunday. The Bill does not compel any territorial authority to remove restrictions. The Bill also maintains the protections for shop workers and it does not require that employers open a shop.

3. We consider that the Bill does not engage the right to manifestation of religion or belief under s 15 of the Bill of Rights Act and therefore appears to be consistent with that Act.

4. This advice has been prepared by the Public Law Group and the Office of Legal

Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Shop Trading Hours Act 1990 Repeal (Easter Sunday Local Choice) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.