masterton district council agenda …...006/17 to: hearings committee (full council) from: tania...

9 February 2017

MASTERTON DISTRICT COUNCIL

AGENDA

HEARINGS

EASTER SUNDAY SHOP TRADING POLICY

Wednesday 15 February 2017 9.00am

MEMBERSHIP OF THE COUNCIL

Her Worship (Chairperson)

Cr B Johnson Cr G McClymont Cr F Mailman Cr S O’Donoghue

Cr G CaffellCr J DalziellCr D DavidsonCr B Goodwin

Cr C Peterson

Quorum: Six

Notice is given that the Hearings on the Easter Sunday Shop Trading Policy will be held at 9.00am on Wednesday 15 February 2017 at Waiata House, Lincoln Road, Masterton

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AGENDA ITEMS

The Order Paper is as follows:‐

(1) Conflicts of Interest (Members to declare conflicts, if any)

(2) Apologies

(3) Items to be considered under Section 48(1)(a) of the Local Government Official

Information and Meetings Act 1987

(4) Submissions on the draft Easter Sunday Shop Trading Policy. Pages 1-11

006/17

To: Hearings Committee (Full Council)

From: Tania Madden, Manager Strategic Planning

Endorsed by: Pim Borren, Chief Executive

Date: 15 February 2017

Subject: Easter Sunday Shop Trading Policy

FOR INFORMATION

Recommendation:

That the Hearings Committee:

1. receives the submissions on the draft Easter Sunday Shop Trading Policy.

2. notes that 93 submissions were received.

3. notes that of those submissions received, six submitters have requested to be heard by theHearings Committee.

Purpose

The purpose of this report is to provide the Hearings Committee with a summary of the public submissions received regarding the statement of proposal for the draft Easter Sunday Shop Trading Policy.

Submissions on the Draft Easter Sunday Shop Trading Policy

Hearings of submissions on the draft Easter Sunday Shop Trading Policy will be held at the Harry Hall

Room at Waiata House on Wednesday 15th February 2017 from 9am.

The hearing procedure is attached for reference (Attachment 1).

93 submissions were received and, of those, six submitters have requested to be heard.

Schedule 1 below includes a brief summary of each submission to be heard.

Schedule 2 below includes brief summary of all other written submissions.

In both Schedule 1 and Schedule 2, the ‘Sub No’ column references the number of the full

submission (see Attachment 2).

The ‘Submission Summary’ column includes a summary of the comments provided by submitters.

Please refer to the full submission in Attachment 2 for all comments.

Deliberations on the submissions will commence after the hearings have concluded.

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Schedule 1: Submissions to be heard

Time Sub # Name Position Submission

9:15am 14 Sue Reid Does not support the policy Opposes Easter Sunday trading as a retail worker.

Raises concerns that, depsite provisions in the policy, employees will not have a free choice whether to work if their employer chooses to open on Easter Sunday.

Believes that if one businsess opens others will feel pressured to do so.

Advocates quality family time.

9:30am 17 Ezra Stobbart Does not support the policy Notes the religious significance of Easter Sunday and the importance of employees having a break.

Does not believe shops being closed for one day will impact the Wairarapa's economy.

9:45am 32 Michael Brantley, Anglican Parish of Masterton

Does not support the policy Notes the importance of time to spend together as a society to support a balanced life.

Notes the religious significance of Easter Sunday.

Believes two days without trading will not be detrimental to business.

10:00am 92 Natalie Hopkirk Does not support the policy Believes Easter is valuable family time which enhances families and communities.

10:15am 29 Colin Shand Supports the policy Believes that local authorities that decide not to trade on Easter Sunday will miss out on valuable trading opportunities.

Notes that considering the promotion of the Wairarapa and Masterton as a tourist centre, there should be no need for debate about the matter.

Considers that restricting trading on Easter Sunday becomes irrelevant given today's technology.

Notes the employee's right to refuse to work on Easter Sunday is protected under the Act and that any person with strong Christian belief would still have the choice whether or not to work on that day.

Believes that if Council do not adopt the policy, it is a removal of choice for invidividuals to open or work, irrespective of their particular faith.

Asks, should the proposed amalgamation of the Wairarapa councils proceed, and one of the Council's make a different decision to the others, how will the matter be resolved? (Note from Officers: The legislation allows for a policy that permits trading in specified parts of the district, therefore alignment is not necessary).

10:30am 58 Jonathan Hooker Does not support the policy No comments.

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Schedule 2: Written Submissions Only

Sub No.

Name Position Submission Summary

1 Pat Murdoch Supports the policy States that the region relies on the tourism industry. Believes employers/managers should have the right to open.

2 George Groombridge Does not support the policy Notes the religious significance of Easter Sunday and that there are many other trading days available.

3 Doris Rawsthorn Does not support the policy Supports time for the family unit and believes there are plenty of days available for shopping.

4 Mike Parker Does not support the policy Supports more time for families to spend together.

5 Antony Maguire Not Stated Raises concerns that employees will not have a free choice whether to work if their employer chooses to open on Easter Sunday.

6 Anonymous Does not support the policy Believes Sunday is a day of rest and supports more time for families to spend together.

7 Anne Clarke Does not support the policy Notes that family time is more important that shopping.

8 Wendy Gray Does not support the policy Supports family time on Sundays.

9 Robert Gray Does not support the policy No comments.

10 Jan Dodd Does not support the policy Supports more time for families to spend together and notes the importance of keeping non‐shopping days.

11 Brian Abraham Supports the policy No comments.

12 John Verheul Does not support the policy Does not consider that there will be much concern if the status quo remains.

States that Masterton does not have the same level of tourism as other centres.

13 Carol Wald Supports the policy Considers that the choice whether to open on Easter Sunday should be up to individual businesses.

Believes that Masterton retailers do lose customers in the weekends and holidays and they are missing an opportunity.

Notes that Easter Monday is the Statutory Holiday, so making it illegal to open on Easter Sunday does not make sense.

Acknowledges Easter Sunday is a good opportunity for families to spend time together.

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Sub No.


14 Sue Reid

(Note: This submitter is speaking)

Does not support the policy Opposes Easter Sunday trading as a retail worker.

Raises concerns that, depsite provisions in the policy, employees will not have a free choice

whether to work if their employer chooses to open on Easter Sunday.

Believes that if one businsess opens others will feel pressured to do so.

Advocates quality family time.

15 Alice Pitau Does not support the policy Notes the religious significance of Easter Sunday.

16 George Bain Does not support the policy Notes the religious significance of Easter Sunday and would like there to be as little commercial activity as possible.

17 Ezra Stobbart


Does not support the policy Notes the religious significance of Easter Sunday and the importance of employees having a

break.

Does not believe shops being closed for one day will impact the Wairarapa's economy.

18 Janet Elizabeth Austin Does not support the policy Supports family time.

Believes shop trading hours should consider the employees, not just public convenience.

19 Bevan Hussey Not Stated Suggests the morning up to 1pm be observed with shops closed, as per ANZAC day observance.

20 Anne & Ernie Clapp Does not support the policy States the importance of holding on to days off for employees.

Raises concerns over what other holidays will be changed in the future.

21 Joy Sinclair Does not support the policy Notes the importance of days to spend with family and attend church.

22 Barbara Ritchie Does not support the policy Notes the importance of days to spend with family and attend church.

23 Sharynne Fordyce Does not support the policy Believes that it is becoming harder for families to spend time all together.

Raises concerns that employees may suffer consequences should they exercise their right not to work on Easter Sunday time.

24 Jill Swanson Does not support the policy Notes the importance of days to spend with family and friends and believes that finding the time to do so is becoming harder.

25 Mrs Celia Carman Does not support the policy Supports time for the family unit.

26 Beth Hall Does not support the policy Supports family time and notes that families have limited money to spend.

27 Houlahan Helga Does not support the policy Believes Sunday should be closed all year round.

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Sub No.


28 Mary Sanson Does not support the policy Notes the importance of family time.

Raises concerns that employees may feel obliged or pressured to work on Easter Sunday.

29 Colin Shand


Supports the policy Believes that local authorities that decide not to trade on Easter Sunday will miss out on

valuable trading opportunities.

Notes that considering the promotion of the Wairarapa and Masterton as a tourist centre,

there should be no need for debate about the matter.

Considers that restricting trading on Easter Sunday becomes irrelevant given today's

technology.

Notes the employee's right to refuse to work on Easter Sunday is protected under the Act and

that any person with strong Christian belief would still have the choice whether or not to

work on that day.

Believes that if Council do not adopt the policy, it is a removal of choice for invidividuals to

open or work, irrespective of their particular faith.

Asks, should the proposed amalgamation of the Wairarapa councils proceed, and one of the Council's make a different decision to the others, how will the matter be resolved? (Note from Officers: The legislation allows for a policy that permits trading in specified parts of the district, therefore alignment is not necessary).

30 Sally Johnston Does not support the policy Does not believe Easter Sunday trading is necessary or that Masterton has the population to warrant Sunday trading.

Raises concerns that businesses that do not employ staff to cover opening all week would expect staff to work 7 days per week.

31 Tim Johnston Does not support the policy Believes shops are open more than enough days during the year and supports days where they are closed to give people time to spend with family and friends.

32 Michael Brantley, Anglican Parish of Masterton


Does not support the policy Notes the importance of time to spend together as a society to support a balanced life.

Notes the religious significance of Easter Sunday.

Believes two days without trading will not be detrimental to business.

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Sub No.


33 Barbara Hercock Does not support the policy Believes retail workers deserve time off to spend with their families and notes the religious significance of Easter Sunday.

34 Christine & Pelham Ellis

Does not support the policy Notes the religious significance of Easter Sunday and that it is a day for families to spend together.

35 Miss C M Campbell Does not support the policy Does not believe shops should be trading on Easter Sunday.

36 Bernice Olsen Does not support the policy Notes that Easter Sunday is one of only three holidays in the year and that it is of huge significance to Christians.

Raises concerns that if one business opens, others will feel pressured to do so.

Raises concerns that employees will feel unable to refuse to work.

37 BH Knight Does not support the policy No comments.

38 Kevin Liggins Does not support the policy Believes the policy will erode workers' rights and family time.

39 Lorraine Liggins Does not support the policy Notes the importance of family time and allowing people to celebrate Easter.

40 Maria Hull Does not support the policy Believes Easter Sunday should be acknowledged as a Christian holiday and a day for rest and reflection.

41 Christine Hawker Does not support the policy Raises concerns regarding employees’ rights to refuse to work (and the consequences of doing so). Raises concerns with the number of days shop owners and employees have for family and leisure time.

42 Nigel Boniface Supports the policy Believes that people should be able to not work on Easter Sunday to exercise their religious beliefs. Hopes that employers allow employees to not work on Easter Sunday (if they choose not to).

43 Angela Dimery, Foodstuffs North Island Ltd

Supports the policy Comments that Foodstuffs North Island Ltd are a major employer in this region with three franchised stores employing approximately 235 people (Masterton PAK n SAVE, Masterton New World and Solway Four Square). Believes that shops not opening on Easter Sunday is an inconvenience for those on holiday in the region or travelling through the region. Notes that if the policy is adopted:

ˉ employers are still able to choose whether or not to open on Easter Sunday.

ˉ employees can choose whether or not to work on Easter Sunday.

ˉ members of the public can choose whether to shop or not on Easter Sunday.

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Sub No.


44 Allen Wilton Supports the policy Believes that businesses that normally trade seven days per week should be able to do so on Easter Sunday provided employees are paid an appropriate wage. Notes that dairies trade and sell on Easter Sundays. Notes that Wairarapa is promoted as a tourist destination.

45 John Bunny, St Patricks Church Committee

Does not support the policy Acknowledges the importance of Easter to Catholic and other Christian communities. Believes that Easter is a time of Rebirth and Easter Sunday is an opportunity for families to celebrate. Notes that Easter Sunday has previously not been a day for trade and that this is beneficial to the workforce. Believes that anything that takes away time to care for, and spend time with our families and friends, undermines societal values.

46 Marilyn Bouzaid Does not support the policy Objects to the policy on religious grounds. Believes Easter is the most important Christian festival. Believes that NZ does not have enough days to take time to celebrate with families and friends. Comments that internationally there are days where shops are closed.

47 Graeme Roberts Does not support the policy Raises concerns that it will not be straightforward and without consequence if employees refuse to work on Easter Sunday.

48 Pat Jacobson Does not support the policy Believes that Easter Sunday is the highlight of the religious year. Raises concerns that Government has devolved responsibility to the councils but is unsure whether councils have the resources and the personnel to police it. Raises concerns that unions may not be able to provide the level of support to employees that refuse to work on Easter Sunday. Has concerns for employees who may not want to work Easter Sunday.

49 Jim Clark Does not support the policy Believes that some Public Holidays need to remain without shops open so staff can have a break.

50 Leslie Clark Does not support the policy Commented that some days should be available for families without feeling obligated to work.

51 Brian McKenzie Does not support the policy Believes that there should be an adequate number of public holidays where shops are closed and people do not have to work.

52 Kirsty Mckenzie Does not support the policy Notes that there are only 3.5 days per year when shops are closed.

53 Deb Graham‐Karaitiana, Milady

Does not support the policy No comments.

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Sub No.


Fashion and Lingerie

54 Joan Dickens Does not support the policy Believes that Easter Sunday is a day of significance for Christians. Believes that Easter Sunday trading takes away time for families to spend together. Comments that the potential costs to business would be high as employees would be paid at a higher rate. Notes that there are only 3.5 days per year when shops are closed.

55 Annette Vuleta Does not support the policy No comments.

56 Greg Harford, Retail NZ

Supports the policy Believes the policy would support local businesses. Notes that there is a significant number of visitors to the Masterton district. Believes that Easter Sunday trading would make Masterton a more attractive destination for customers. Believes that the rights of shop employees to refuse to work on Easter Sunday are sufficiently covered by the Shop Trading Hours Act 1990. Acknowledges that Easter period is a special time for many New Zealanders and recognise that people have a right to practice any form of religious and/or family commitments. Notes that individual businesses will be free to make their own decision about whether or not to open.

57 Ejvind Frederiksen, Mitre 10 Mega Masterton

Does not support the policy Acknowledges that family time is important for staff. Notes that currently this business can only close for 3.5 days per year including Easter Sunday. Believes that the 'right to refuse' provision of the Shop Trading Hours Act 1990 may result in an inability to adequately staff the store. A survey of their staff received a 60% response rate and found that 90% of those who responded do not believe the shop should open on Easter Sunday.

58 Jonathan Hooker


Does not support the policy No comments.

59 Anneke Kloeg, Ten o'Clock Cookie Bakery and Café

Does not support the policy Does not support the policy for religious reasons.

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Sub No.


60 Clifton Benjamin Morris

Does not support the policy Does not support the policy for religious and family reasons. Comments that there is currently only three days in a year with shops closed. Acknowledges the importance of family time.

61 Lorna Morris Does not support the policy Believes workers deserve family time. Acknowledges the significance of Easter Sunday as a religious day.

62 Susan Lower Does not support the policy Asks that employees are considered (especially those who work 7 days per week and late nights). Wants to keep having Easter Sunday off to spend time with family. Asks that solo parents who work and their children are considered.

63 June Tainsh Does not support the policy Notes that in the past shops were closed at 9pm on Friday nights and did not reopen until 9am Monday.

64 Sally Summers Does not support the policy No comments.

65 Alan Summers Does not support the policy Comments that other Councils are able to make their own decisions without interference from Masterton District Council.

66 Elizabeth Andrew Does not support the policy Believes Easter Sunday should remain as is.

67 HJ Vuleta Supports the policy Supports Easter Sunday Shop trading for all of New Zealand.

68 James Barlow Does not support the policy Believes Easter Sunday is a special day.

69 Jann Jolly Does not support the policy Comments that not enough information was provided to make an informed decision. Believes that there will be pressure on employees to work on Easter Sunday even if they do not want to. Believes that low paid workers are vulnerable.

70 Courtney Wilton Does not support the policy Believes that there are currently not enough days in the year where shops are closed.

71 B Nelson Supports the policy Believes business owners should be able to choose whether or not to trade on Easter Sunday.

72 Margaret A Rogers Does not support the policy Believes that there are already enough opportunities to shop. Believes that there is not enough time for families to spend together.

73 Margaret Hooker Does not support the policy No comments.

74 Greg Edgecombe Does not support the policy Believes that family time is special.

75 Sanchia Hooker Does not support the policy No comments.

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Sub No.


76 Marjorie Smyth Does not support the policy No comments.

77 Lynda Johnston Does not support the policy Does not support for religious and family reasons.

78 Mildred M. Turley Does not support the policy Believes Sunday should be a day of rest and a family get together day for outings and recreation.

79 J.R.T.C Mills Does not support the policy Believes that having a break and families spending time together at Christmas and Easter time is important.

80 GJ & NE Evans Does not support the policy Believes, being a Christian community, every person is entitled to celebrate Easter Sunday free from work.

81 Neillson Erik Palmer Does not support the policy Does not support shops trading on Easter Sunday or any other religious Sunday.

Believes family need time together.

82 Donald Churchill Does not support the policy Notes that Easter Sunday is the most important day on the calendar for many Christians.

Notes that there are only 3.5 days in a year that people cannot shop, which leaves many more where they can.

Believes these days are a good time for families to get together.

Asks if Good Friday will be next if this policy is adopted.

83 Elizabeth Churchill Does not support the policy Notes the importance of Easter Sunday in Christianity. Notes there are only 3.5 days for families to spend together with no work and that this time is important.

84 Pamela Jean Palmer Does not support the policy Notes the significance of Easter Sunday and the importance of family time.

85 Handley Thomson Does not support the policy Does not believe Easter Sunday trading is necessary due to the day's religious significance and the importance of having a non‐commercial family day.

86 Rosemary Thomson Does not support the policy Notes the importance of Easter Sunday on the Christian calendar and for families to spend time together without the pressure of work.

87 Dylan Firth, Hospitality NZ

Supports the policy Allowing Easter trade creates an 'open for business' attitude for the region which assists in marketing the region to visitors.

Hopes this perception of the region will have a flow on effect for Accommodation and Hospitality members.

Notes the Act does not make it mandatory for business to open and nor can a business force an employee to work.

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Sub No.


88 Matthew Cornford, Equippers Church

Does not support the policy Concern lies with the employee.

Considers it unfair and unwise to ask family members to work on another day due to the importance of time for wider families to come together.

Advocates for the strengthening of families.

89 Wendy Baird Does not support the policy Believes it is important to retain days where shops are closed to allow families time to spend together.

Raises concerns that even though it is optional for employees to work on Easter Sunday, there would be pressure on them to be available.

90 David Baird Does not support the policy Notes the religious significance of Easter Sunday.

91 Roger Melville Does not support the policy Believes employees have the right to time off with their family on Easter Sunday.

92 Natalie Hopkirk


Does not support the policy Believes Easter is valuable family time which enhances families and communities.

93 Michael R Osborne Supports the policy No comments.

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Attachment 1: Hearing Procedure

1) The Council will hear all submissions.

Members are: Mayor Lyn Patterson (Chairperson)

Cr Graham McClymont (Deputy Mayor)

Cr Chris Peterson

Cr Deborah Davidson

Cr Frazer Mailman

Cr John Dalziell

Cr Brent Goodwin

Cr Gary Caffell

Cr Rebecca (Bex) Johnson

Cr Simon O’Donoghue

2) The hearings are to give you an opportunity to expand on your submission or to focus on your

key points. You can assume that the members of the Hearings Committee have read your

submission.

3) Each submission will be limited to an address period of 8 minutes with 2 minutes for responding

to questions from the Committee members. A bell will be rung at 7 minutes and again at 10

minutes.

4) The Chairperson has the right, with or without the agreement of the other members, to

terminate a submission in progress or to extend the time allowed for any submission.

5) The Chairperson, or any member through the Chairperson, may ask questions relevant to the

matter being heard. The Chairperson may wish to clarify or correct any matter raised.

6) The Council will not normally indicate whether or not they support your submission. At the

conclusion of hearing all the submissions the Council will deliberate and make their

recommendation.

7) If you are unable to present your submission at the time provided, can you please ring Louise

Hopkins, Strategic Planning Administrator on 370 6300.

8) If you want to use a powerpoint, please advise Louise Hopkins on 370 6300 and either bring a

flashdrive or email your presentation to [email protected]

9) If for any reason you are unable to present your written submission in person, the Council will

still consider your written submission.

Attachment 2: Full Submissions

masterton district council agenda …...006/17 to: hearings committee (full council) from: tania...

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