A territorial authority may make bylaws have a local Easter Sunday shop trading policy to permit shops to open on Easter Sunday in an area comprising—

A local Easter Sunday shop trading policy under subsection (1) may not—

Nothing in subsection (1A) is intended to limit the territorial authority’s power to control any of the matters in subsection (1A)(a) to (d) under any other enactment.

A bylaw made local Easter Sunday shop trading policy under subsection (1)(b) must include either or both of the following:

However, where a bylaw local Easter Sunday shop trading policy includes both a map and a description of the area and there is an inconsistency between the map and the description, the description prevails.

A bylaw made under subsection (1) must not impose—

Before making a bylaw, a territorial authority must determine whether the proposed bylaw gives rise to any implications under the New Zealand Bill of Rights Act 1990.

No bylaw may be made that is inconsistent with the New Zealand Bill of Rights Act 1990.

The A territorial authority must use the special consultative procedure set out in section 83 of the Local Government Act 2002 when proposing when deciding whether to—

The statement of proposal referred to in section 83(1)(a) of that Act must include,—

Despite subsection (1)(b), a territorial authority may, by resolution publicly notified made publicly available, make minor changes to, or correct errors in, a bylaw made under this section local Easter Sunday shop trading policy, but only if the changes or corrections do not affect an existing right of a person to whom the policy applies.

In subsection (3), publicly notified means a notice given in accordance with the requirements of the definition of public notice in section 5(1) of the Local Government Act 2002.

A territorial authority must,—

A territorial authority—

This section applies if a territorial authority has adopted a local Easter Sunday shop trading policy under section 5C.

The territorial authority must review the first local Easter Sunday shop trading policy adopted by the territorial authority no later than 5 years after adopting the policy.

Subsection (1A) does not affect the ability of the territorial authority to review the policy, or any subsequent local Easter Sunday shop trading policy, at any other time.

A territorial authority that is reviewing a bylaw to which subsection (1) applies local Easter Sunday shop trading policy must use the special consultative procedure to decide whether to—

A bylaw local Easter Sunday shop trading policy that is not reviewed as required by this section subsection (1A) is, if not earlier revoked by the territorial authority concerned, revoked on the day that is 2 years after the last date on which the bylaw should have been reviewed under this section the date by which the policy is required to be reviewed under that subsection.

To the extent that the Local Government Act 2002 applies to bylaws made under other enactments, that Act also applies to a bylaw made under this Act (including, without limitation, section 157 of the Local Government Act 2002, which relates to public notice of bylaws and the availability of copies).

Subsection (1) is subject to any provision to the contrary in this Act.

A territorial authority may not delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority the power to make a final decision whether to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review.

Nothing in this section restricts the power of a territorial authority to delegate to a committee or other subordinate decision-making body, community board, or member or officer of the territorial authority the power to do anything before the exercise by the territorial authority (after consultation with the committee or body or person) of the power to adopt, amend, revoke, or replace a local Easter Sunday shop trading policy, or to continue a local Easter Sunday shop trading policy without amendment following a review.

A territorial authority must, report to the chief executive of the Ministry within 10 working days after the date on which the territorial authority makes adopts, amends, or revokes a bylaw under this Act. local Easter Sunday shop trading policy,—

A report must,—

In this subpart, unless the context otherwise requires,—

A provision in a shop employee’s employment agreement (including an availability provision as defined in section 67D of the Employment Relations Act 2000) that requires the shop employee to work, or to be available to accept any work that the employer makes available, on Easter Sunday is unenforceable against the shop employee.

A shop employee—

An employer who wants a shop employee to work on an Easter Sunday must give notice to the shop employee of his or her right to refuse to work on Easter Sunday.

A notice under subsection (1) must be—

A shop employee who intends to refuse to work on Easter Sunday must give notice to his or her employer of that intention.

A notice under subsection (1) must—

A shop employee’s employer, or a representative of that employer, must not—

For the purposes of this section and section 5L subsection (1)(a), an employer or a representative of an employer compels a shop employee to work on an Easter Sunday if the employer or a representative of the employer—

For the purposes of subsection (1)(b), treat the shop employee adversely has the same meaning as treats an employee adversely in section 67F of the Employment Relations Act 2000 as if references to an employee in that section were references to the shop employee.

If an employer, or a representative of an employer, compels a shop employee to work on an Easter Sunday, that action must be treated as an unjustifiable action by the employer that affects the shop employee’s employment to the shop employee’s disadvantage for the purposes of section 103(1)(b) of the Employment Relations Act 2000.

Subsection (3) applies to a shop employee who claims that his or her employer, former employer, or a representative of that employer—

A shop employee to whom this subsection applies,—

A claim by a shop employee that the shop employee’s employer, former employer, or a representative of the employer has contravened section 5K—

The Employment Relations Act 2000 applies accordingly.