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Shop Trading Hours Amendment Bill (Consistent) (Sections 13, 15) [2015] NZBORARp 53 (7 October 2015)

Last Updated: 3 March 2019

Shop Trading Hours Amendment Bill

7 October 2015

Hon Christopher Finlayson QC, Attorney-General


Consistency with the New Zealand Bill of Rights Act 1990: Shop Trading Hours Amendment Bill


  1. We have considered whether the Shop Trading Hours Amendment Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
  2. The Bill amends the Shop Trading Hours Act Repeal Act 1990 in the following ways:
- Shop workers have the right to refuse work on Easter Sunday without giving a reason.

- Shop workers have the right to take a personal grievance to the Employment Relations Authority if their employer compels the employee to work on that day or does anything that result in adverse treatment of the employee because they refuse to work on Easter Sunday.
  1. We consider that the Bill does not engage the right to freedom of thought, conscience, and religion under s 13 or 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.

Jeff Orr


Chief Legal Counsel Office of Legal Counsel

Disclaimer

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 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. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.


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