Extraordinary Meeting of Council - 30 November 2018 - Open Agenda Item 1
1. Easter Sunday Trading Policy - Summary of Submissions Report
|
Type of Report: |
Legal and Operational |
|
Legal Reference: |
Local Government Act 2002 |
|
Document ID: |
667671 |
|
Reporting Officer/s & Unit: |
Paulina Wilhelm, Manager City Development |
1.1 Purpose of Report
To report on the submissions received on Council’s proposed Local Easter Sunday Trading Policy and once having heard and considered those submissions, for Council to make a decision on whether to adopt the Local Easter Sunday Trading Policy.
|
That Council: a. Receive, consider and hear (where requested) submissions on the proposed Easter Sunday Trading Policy b. Following consideration of submissions, Council adopts the Easter Sunday Trading Policy 2018 to allow shops to trade on Easter Sunday in the Napier District. |
|
That the Council resolve that the officer’s recommendation be adopted. |
1.2 Background Summary
Legislative Background
Changes to the Shop Trading Hours Act has given local Councils the option to adopt a policy that allows shops to trade on Easter Sunday. The policy can stipulate whether trading on Easter Sunday can occur in the whole of the district or parts of the district. The policy cannot:
a) Permit shops to open for only some purposes; or
b) Permit only some types of shops to open; or
c) Specify times at which shops may or may not open; or
d) Include any other conditions as to the circumstances in which shops may open
A Council can either have a policy that gives shops the option to open, or not have a policy. If a Council does not have a policy, retailers would remain bound by the legislation that stipulates shops must be closed on Easter Sunday (unless there is another exemption in place under the Shop Trading Hours Act, which allows them to open i.e. dairies, cafes, service stations, garden centres, pharmacies, souvenir and duty free shops. If a Council does decide to adopt a policy, the policy is required to be reviewed through the special consultative procedure every five years.
Napier’s previous Easter Sunday Trading Policy
Council previously voted to adopt an Easter Sunday Trading Policy on 22 February 2017 that allowed shops to trade on Easter Sunday in 2017 and 2018. However, the policy was overturned in August by a High Court decision that deemed consultation on the policy was inadequate.
On 2 October 2018, Council approved to re-consult on an Easter Sunday Trading Policy and public consultation was open from 3 October 2018 – 9 November 2018. During this time 177 formal submissions were received.
1.3 Significance and Engagement
The decision and matters in this report are considered to be of high significance based on the high level of community interest in this policy. In addition, Council is required to use the special consultative procedure as prescribed in the Local Government Act 2002. The following consultation methods were used:
· A public notice was placed in the Napier Courier.
· The following identified stakeholders were notified by email or letter:
o The Napier Community Network
o Napier Christian Churches (39)
o First Union and NZ Council of Trade Unions
o Hawkes Bay Chamber of Commerce
o Taradale Marketing Association
o Napier City Business Incorporated
o Ahuriri Business Association
o Iwi/hapu
· A news item was posted on our website and the Napier City Council facebook page.
· A webpage has been created that details the proposal and consultation process.
· A media release at the opening of consultation and another to advise on the closing date for submissions.
Submission Analysis
|
Response Type |
Total Number |
Percentage |
|
Submissions supporting the policy |
75 |
42% |
|
Submissions opposing the policy |
102 |
58% |
|
Total Submissions |
177 |
100% |
There were a number of key themes identified in the submissions both for and against the policy. The following graphs represent the key arguments made:
Napier Business Inc commissioned an independent survey of retailers to inform their submission. The results of this survey can be seen in Attachment A which is a full summary of all submissions.
1.3 Implications
Financial
If Council decide to adopt this policy, the financial implications of maintaining and reviewing the policy every five years would sit within existing operational budgets.
If businesses choose to open, there is the potential for economic benefits to be realised for trading on that day. While the benefits are difficult to quantify, they would be likely to increase over time as tourism and the region grows. The economic benefits of Easter Sunday trading will cement Napier’s reputation as a desirable and vibrant tourist destination at this time of the year.
Social & Policy
The feedback received show divergent opinions within the community on permitting shops to trade on Easter Sunday.
Easter Sunday is an important day in the Christian Church calendar because it celebrates the resurrection of Jesus, according to Christian belief. At the 2013 Census, 26,379 Napier people (46% of the population) reported as having a Christian based religious affiliation. All Christian churches in Napier were notified of the proposed policy and we received 10 submissions from Church Organisations that were all opposed allowing shops to trade on this day.
Council’s City Vision principle ‘open for business’ provides the foundation of Council’s commitment to support and encourage a thriving Napier economy, including supporting the retail sector. Facilitating the option of providing for an increase in retail trade opportunities on Easter Sunday aligns with the economic development priorities of Council and Council’s commitment to support Napier’s tourism and retail sectors.
Risk
There is a high level of public interest and divergent opinions in the community on Easter Sunday Trading. The risk in not adopting a policy is that Council may be lobbied each year to reconsider its decision. The risk of adopting a policy is that Council may be viewed unfavourably by the sector of the community that has expressed opposition to this policy.
1.4 Options
The following options are available to Council:
Option 1: Adopt a policy to allow shops to open on Easter Sunday
Option 2: Adopt a policy to only allow shops to open in part of the Napier District on Easter Sunday
Option 3: Do not adopt a policy. Only shops with exemptions under the shop trading hours Act will be allowed to open. i.e. dairies, cafes, service stations, garden centres, pharmacies, souvenir and duty free shops.
1.5 Development of Preferred Option
Option 1: Adopt a policy to allow all shops in the Napier District to trade on Easter Sunday
The following advantages and disadvantages can be considered in evaluating whether or not Council should adopt a policy allowing all shops to trade on Easter Sunday:
|
Advantages |
Disadvantages |
|
· The policy aligns with Council’s strategic plans and priorities for economic growth and city vibrancy. · The possibility of positive economic impacts associated with increasing opportunities to trade. · Provides Napier residents and tourists with a choice of whether or not to shop on this day. |
· Will be viewed unfavourably by the sector of the community who are opposed to trading on this day. · Employees may feel pressured to work on this day, despite the worker’s choice provision. · There is concern within the community that the policy will impact on family time and trading should not be allowed on a day of significance to the Christian community.
|
Option 2: Adopt a policy to only allow shops to open in part of the Napier District on Easter Sunday
The legislation allows for the adoption of a policy that allows shops to open in only part of the district. Of the 77 submissions that supported having a policy to open, only four recommended that it should apply to only part of the district. Considering the small size of the Napier District and spread of other shopping areas outside of the CBD, this is not considered a preferred option.
Option 3: Do not adopt a policy.
|
Advantages |
Disadvantages |
|
· Retail employees will not feel pressured to work.
|
· Is contrary to Council’s strategic plans and priorities for economic growth and city vibrancy. · Missed economic benefit from those shops who may wish to open · The choice to shop on this day would be removed. |
Council officers have no opinion about the religious merits of trading or not trading on Easter Sunday. The recommendation to adopt the policy is solely based on the fact that Napier is a tourist city and that allowing shops to open on Easter Sunday aligns with the “Open for Business” Principle of the City Vision Document.
a Easter Sunday Trading Submissions ⇩
