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Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Bill (Consistent) (Section 15) [2010] NZBORARp 57 (18 August 2010)

Last Updated: 6 May 2020

18 August 2010

ATTORNEY-GENERAL


LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: SHOP TRADING HOURS ACT REPEAL (WAITAKI EASTER TRADING)

AMENDMENT BILL

1. We have considered whether the Shop Trading Hours Act Repeal (Waitaki Easter Trading) Amendment Bill (the “Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). The Bill is a Member’s Bill in the name of Jacqui Dean MP. We understand that the Bill is likely to be considered by the Cabinet Legislation Committee at its meeting on Thursday, 26 August 2010.


2. The purpose of the Bill is to allow all retailers within districts covered by the Waitaki

Electorate to trade on Good Friday and Easter Sunday.

3. The Bill amends the Shop Trading Hours Act Repeal Act 1990, by inserting new section 4B into that Act which allows shops located in the district of a territorial authority listed in Schedule 2 of the Bill to remain open on Good Friday and Easter Sunday.

4. The territorial authorities for the purposes of new section 4B, as per Schedule 2 of the Bill are:

• Central Otago District Council

• MacKenzie District Council

• Queenstown-Lakes District Council

• Timaru District Council

• Waimate District Council, and

• Waitaki District Council.

5. We consider that the Bill does not engage the right to manifestation of religion or belief under section 15 of the Bill of Rights Act and therefore appears to be consistent with the rights and freedoms affirmed in that Act. 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


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