This Act may be cited as the Shop Trading Hours Amendment Act 1980, and shall be read together with and deemed part of the Shop Trading Hours Act 1977 (hereinafter referred to as the principal Act).

2 Shop Trading Hours Commission

Section 4 of the principal Act is hereby amended by repealing subsections (2) to (5), and substituting the following subsections:

“(2)

The Commission shall comprise one member, appointed by the Governor-General on the recommendation of the Minister.

“(3)

Subject to subsections (4) and (5) of this section, a person appointed under subsection (2) of this section shall be appointed for such period (not exceeding 3 years) as the Governor-General specifies, but may from time to time be reappointed.

“(4)

A person appointed under subsection (2) of this section may at any time resign his office by delivering a notice in writing to that effect to the Minister.

“(5)

The Governor-General may at any time remove from office a person appointed under subsection (2) of this section for disability, bankruptcy, neglect of duty, or misconduct.

“(6)

Notwithstanding subsection (2) of this section, the Governor-General may from time to time appoint one associate member of the Commission.

“(7)

Subject to the directions (if any) of the person for the time being holding office under subsection (2) of this section, any person for the time being holding office under subsection (6) of this section shall have and may exercise all or any of the powers of the Commission.

“(8)

Where any person appointed under subsection (2) or subsection (6) of this section is sick, incapacitated, absent, or for any other reason unable to carry out his functions, the Minister may from time to time appoint a person to exercise such of the powers of the Commission during that inability as the Minister thinks fit; and those powers may be exercised accordingly.

“(9)

No action or decision of the Commission while any person appointed under subsection (8) of this section is exercising any of the powers of the Commission shall in any proceedings be questioned on the grounds that the occasion for his appointment had not arisen or had ceased.

“(10)

Any person appointed under this section may continue to hold any office held by him at the time of his appointment.”

3 Approved goods

(1)

The principal Act is hereby amended by repealing sections 9 and 10, and substituting the following section:

“9

“(1)

The Minister may from time to time by notice in the Gazette, after consultation with the Commission, do either or both of the following things:

“(a)

Declare that goods of a specified class are approved goods:

“(b)

Declare that goods of a specified class are no longer approved goods.

“(2)

Every notice under subsection (1) of this section shall, for the purposes of the Regulations Act 1936, be deemed to be a regulation.

“(3)

The Minister may from time to time direct the Commission to call for and consider submissions from the public on the need for any goods that are approved goods to continue to be approved goods and on the need for any other goods to become approved goods; and in that case the Commission shall call for and consider submissions accordingly, and submit to the Minister—

“(a)

A report on those submissions; and

“(b)

The views of the Commission (whether or not derived from those submissions) on those needs.”

(2)

Clause 3 of, and the Second Schedule to, the Shop Trading Hours (Approved and Special Goods) Order 1979 are hereby consequentially revoked.

(3)

The said order is hereby deemed to be a notice under subsection (1) of this section, and may be amended or revoked accordingly.

4 Opening of shops

(1)

Section 11 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:

“(1)

Subject to the provisions of this Act, no shop shall be open—

“(a)

Between 9 p.m. on any day and 7 a.m. on the follow-day:

“(b)

On any day that is a Sunday, New Year’s Day, the day after New Year’s Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, Christmas Day, Boxing Day, or the day observed as Anniversary Day in the locality in which the shop is situated:

“(c)

If New Year’s Day, the day after New Year’s Day, Christmas Day, or Boxing Day, falls on a Saturday, on the following Monday.”

(2)

Section 3(2) of the Anzac Day Act 1966 is hereby consequentially amended by omitting the word “Where”, and substituting the words “Subject to section 11(1) of the Shop Trading Hours Act 1977, where”.

(3)

Section 4(2) of the Waitangi Day Act 1976 is hereby consequentially amended by omitting the word “Where”, and substituting the words “Subject to section 11(1) of the Shop Trading Hours Act 1977, where”.

(4)

Except in the case of a shop that was, immediately before the commencement of this Act, entitled to be open on Saturdays by virtue of an order under section 20 of this Act, no provision in any lease, licence, contract, covenant, or agreement entered into or made before the commencement of this Act shall so be construed as to require the opening of any shop at any time on a Saturday.

5 Exhibitions and shows

(1)

The principal Act is hereby amended by inserting, after section 15, the following section:

“15a

Where the Secretary is satisfied that an exhibition or show proposed to be held in any premises is a bona fide exhibition or show, solely or primarily devoted to agriculture, art, industry, and science, or to any of those matters, he may, by writing under his hand, authorise all the shops situated in a specified area (being an area that includes all or part of those premises, but that may also include premises adjacent to or near those premises) to be open between such hours, on such days, and subject to such terms and conditions, as the Secretary specifies; and any shop situated in that area may be open accordingly.”

(2)

Section 10(2)(a) of the Designs Act 1953 is hereby consequentially amended by omitting the words “or at an exhibition authorised by the Governor-General by Order in Council under the Exhibitions Act 1910”.

(3)

Section 60(2)(a) of the Patents Act 1953 is hereby consequentially amended by omitting the words “or at an exhibition authorised by the Governor-General by Order in Council under the Exhibitions Act 1910”.

6 Bazaars, etc., not affected

The principal Act is hereby amended by repealing section 16, and substituting the following section:

“16

It shall be a defence to a charge under subsection (1) or subsection (2) of section 23 of this Act if the defendant proves that:

“(a)

The shop to which the charge relates, at the time of the alleged offence, was or formed part of any bazaar, sale of work, or other like fund raising activity; and

“(b)

That activity was carried on by a religious, charitable, philanthropic, or community service organisation; and

“(c)

No part of the proceeds from that activity was, directly or indirectly, paid to any person directly or indirectly engaged or employed in, or involved with, the organisation, management, or running of that activity.”

7 Dairy-mixed businesses

(1)

The principal Act is hereby amended by inserting, after section 17, the following section:

“17a

“(1)

The occupier of any shop may apply to the Commission for an order that it be exempted from the provisions of section 11(1) of this Act.

“(2)

Every application under subsection (1) of this section shall be in writing to the Secretary, and shall specify the name of the applicant and the name and address of the shop concerned.

“(3)

Upon receiving an application under subsection (1) of this section, the Secretary shall cause the shop concerned to be inspected by an Inspector, and shall as soon as is practicable thereafter forward to the Commission the application, and a report from that Inspector relating to—

“(a)

The nature of the area in which the shop is situated:

“(b)

The size of the shop:

“(c)

The quantity and kind of goods sold and proposed to be sold in the shop:

“(d)

The number of persons engaged and proposed to be engaged in the management of the shop:

“(e)

Whether or not the occupier, or any person engaged or proposed or likely to be engaged in the management, of the shop has ever been the occupier, or engaged in the management, of a shop in respect of which an order under this section has been revoked under subsection (8) of this section:

“(f)

Such other matters as the Inspector considers relevant.

“(4)

Subject to subsection (6) of this section, if and only if, on the basis of the Inspector’s report and such inspection (if any) of its own as it thinks fit, the Commission is satisfied that a shop in respect of which an application has been made under subsection (1) of this section is a dairy-mixed business, it shall make an order exempting that shop from the provisions of section 11(1) of this Act; and in that case, that shop may be open at any time on any day.

“(5)

Where the Commission has declined an application under subsection (1) of this section, the applicant may apply to the Commission for a full hearing of the application; and in that case—

“(a)

Section 19 and subsections (1) and (10) to (14) of section 20 of this Act, so far as they are applicable and with the necessary modifications, shall apply to that application as if it were an application under section 18 of this Act:

“(b)

Subject to subsection (6) of this section, if and only if, after the hearing of the application, the Commission is satisfied that the shop concerned is a dairy-mixed business, it shall make an order exempting that shop from the provisions of section 11(1) of this Act; and in that case, that shop may be open at any time on any day.

“(6)

The Commission may decline to make an order under this section in respect of any shop where—

“(a)

The occupier of that shop, or any person in the opinion of the Commission engaged or likely to be engaged in its management, has ever been the occupier, or engaged in the management, of a shop in respect of which an order under this section has within the preceding 12 months been revoked under subsection (8) of this section; and

“(b)

The applicant has failed to satisfy the Commission that the shop concerned is likely to operate as a dairy-mixed business only.

“(7)

Subject to subsection (8) of this section, an order under this section shall continue to apply to the shop concerned notwithstanding that its ownership or management may have changed.

“(8)

An Inspector, or the occupier of any shop that is affected by the opening authorised by the order, may at any time apply to the Commission for the revocation of an order under this section; and in that case—

“(a)

“(b)

The Commission may revoke the order concerned if and only if it is satisfied—

“(i)

That the shop concerned has been operated otherwise than as a dairy-mixed business; or

“(ii)

That the occupier, or a person engaged in the management, of the shop concerned has been the occupier, or engaged in the management, of a shop in respect of which an order under this section has within the preceding 12 months been revoked under this subsection:

“(c)

Where the order concerned is revoked, section 11(1) of this Act shall thereafter apply to the shop concerned until an order to the contrary is made under this section.”

(2)

Section 2 of the principal Act is hereby consequentially amended by inserting, before the definition of the term “goods”, the following definition:

“‘Dairy-mixed business’ means a shop where—

“(a)

Milk is offered for sale, in the form in which it was purchased, for use or human consumption off the premises of that shop; and

“(b)

The other goods offered for sale are at all times limited in both quantity and kind to those sufficient to provide the persons residing or staying in the immediate area in which the shop is situated, and travellers passing through that area (otherwise than for the purpose of purchasing goods at that shop), with the food, beverages, and household and personal items, that they may reasonably require to purchase on a Sunday:”.

(3)

Section 20 of the principal Act is hereby amended—

(a)

By inserting in subsection (13), after the word “under”, the words “section 17a or”:

(b)

By inserting in subsection (14), after the word “under”, the words “section 17a or”.

(4)

Section 21(1) of the principal Act is hereby amended by inserting, after the word “under”, the words “section 17a or”.

8 Applications

(1)

The principal Act is hereby amended by repealing section 19 (as amended by section 2 of the Shop Trading Hours Amendment Act 1978 and section 18(2) of the District Courts Amendment Act 1979), and substituting the following section:

“19

“(1)

Every application under section 18 of this Act shall be lodged with the Secretary, and shall specify—

“(a)

The name of the applicant:

“(b)

The shop or shops to which the application relates:

“(c)

The nature of the business carried on in it or them:

“(d)

The times and days in respect of which the application is made:

“(e)

The reasons for the application.

“(2)

The Secretary shall give the applicant notice of the date and place of the hearing of the application at least 28 days before the date fixed for the hearing.

“(3)

Within 7 days after being given notice under subsection (2) of this section, the applicant shall cause a copy of the application—

“(a)

To be published in a newspaper approved by the Secretary for the purpose; and

“(b)

To be sent to—

“(i)

Every industrial union of workers registered in respect of shop assistants employed in the locality concerned in shops carrying on any of the trades carried on in the shop or shops in respect of which the application is made; and

“(ii)

Every industrial union of employers registered in respect of shops of the same kind or kinds as the shop or shops to which the application relates; and

“(iii)

Every organisation of employers functioning in respect of shops of the same kind or kinds as the shop or shops to which the application relates; and

“(iv)

Every territorial authority (within the meaning of the Local Government Act 1974) in whose district the shop, or any of the shops, to which the application relates is situated; and

“(v)

Every Regional Planning Authority (within the meaning of the Town and Country Planning Act 1977) in whose district the shop, or any of the shops, to which the application relates is situated.”

(2)

Section 20(1)(d) of the principal Act is hereby consequentially amended by omitting the expression “section 19(2)”, and substituting the expression “section 19(3)”.

9 Register of orders

Section 21(1) of the principal Act is hereby amended by omitting the words “and District Officer of Labour”.

10 Inspectors

Section 22(5) of the principal Act is hereby amended by inserting, after the word “appointment”, the words “as an Inspector of Factories or, as the case may be, a Trainee Inspector of Factories”.

11 Offences and penalties

Section 23(5) of the principal Act is hereby amended by omitting the expression “$500”, and substituting the expression “$1,000”.

12 Modification of certain existing exemptions

Every

(a)

Order under section 20 of the principal Act; and

(b)

Authority under section 13(2) or section 15 of the principal Act; and

(c)

Order or exemption under the Shops and Offices Act 1955 or under any enactment repealed by that Act,—

that authorises the opening of any shop or the shops in any area at any time between 7 a.m. and 9 p.m. on Saturdays, or requires any shop or the shops in any area to be closed at any time between 7 a.m. and 9 p.m. on any day other than a Sunday or public holiday, is to that extent only hereby revoked.

13 Repeal of spent Schedules

The First and Second Schedules to the principal Act are hereby repealed.

14 Consequential amendments and repeals

(1)

The provisions of the principal Act specified in the First Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.

(2)

The enactments specified in the Second Schedule to this Act are hereby consequentially repealed.

SCHEDULES

FIRST SCHEDULE Consequential Amendments to Principal Act

Section 14(1)

Provision amended	How amended
Section 2	By inserting in the definition of the term “approved goods”, after the words “means goods”, the words “for the time being”.
	By repealing the definition of the term “Commissioner”.
	By repealing the definition of the term “special goods”.
Section 6(1)	By omitting the words “members of the Commission”, and substituting the words “persons appointed under section 4 of this Act”.
Section 8	By omitting the word “Commissioner”, and substituting the word “Commission”.
Section 12(2)	By omitting the expression “section 11(1)”, in both places where it occurs, and substituting, in each case, the expression “section 11(1)(b)”.
Section 20(11)	By omitting the words “the member of the Commission”, and substituting the words “any person appointed under section 4 of this Act”.
Section 20(14)	By omitting the word “Commissioner”, and substituting the words “Commission”.
Section 23	By repealing subsection (2), and substituting the following subsection: “(2) Every person who, in a shop in respect of which no order under section 17a of this Act for the time being applies, sells restricted goods during the hours or on any day specified in section 11(1) of this Act otherwise than pursuant to section 13, section 14, section 15, section 15a, or an order under section 20, of this Act commits an offence.”

SECOND SCHEDULE Consequential Repeals

Section 14(2)

1910, No. 5—The Exhibitions Act 1910 (1957 Reprint, Vol. 4, p. 725).

1963, No. 88—The Exhibitions Amendment Act 1963.

1977, No. 8—The Shop Trading Hours Act 1977: Sections 4a, 5, 11(4), and 12(1).

1978, No. 124—The Shop Trading Hours Amendment Act 1978.

1979, No. 121—The Shop Trading Hours Amendment Act 1979: Section 2.

This Act is administered in the Department of Labour.

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Shop Trading Hours Amendment Act 1980