Don't pay surcharge on Easter Sunday, business head urges

Adding to an already confusing picture of retail rules over Easter, an Auckland retail advocate says holiday surcharges do not apply on Easter Sunday.

Newmarket Business Assoiciation chief executive Cameron Brewer says café-goers should not have to pay any surcharges tomorrow.

“Easter Sunday is not an official public holiday. However, people get confused because of the major retail restrictions in place on Easter Sunday and because it’s part of a public holiday weekend,” he says.

“The reality is the likes of café owners are not paying their staff time and a half and a day in lieu, so there’s no need for them to pass on any extra costs on Easter Sunday.

“Surcharges are applied by many cafes on Good Friday and Easter Monday because they are public holidays and café staff are paid more under the 2003 Holidays Act to work on those days.

“Some people get naturally confused on Easter Sunday because most shops are shut, yet cafés are allowed to open if they provide ready to eat food.”

Mr Brewer says in three weeks’ time more confusion will arise when Anzac day, which is a public holiday, falls on a Sunday.

“Many cafés will legitimately charge surcharges. It’s also important to note that the whole of Anzac day is a public holiday, despite retail restrictions being lifted from 1pm.”

Meanwhile, Labour Department inspectors have been busy compiling potential prosecution notices for retailers who illegally opened on Good Friday. TV reports showed one music retailer, Real Groove, was prepared to risk a fine of $1000.

Several retailers opened in Wanaka, where the Warbirds Over Wanaka air show attracts many thousands of visitors. Other reports said inspectors found five shops trading in Auckland and four in Wellington.

One shop was open and trading in Hamilton, one in Napier and one in Palmerston North.

The department has also warned markets that normally operate on Sundays, except where they are in exempt locations such as Queenstown and Taupo, will be breaking the law if they open tomorrow.

However, garden centres are allowed to open tomorrow along with service stations, cafés and dairies.

Last year 17 businesses were fined for breaching the law, which Mr Brewer describes as having “a lot of inconsistencies, a lot anomalies, a lot of unfairness and … needs to be sorted out."