Anzac Day trading rules: Which shops can open and surcharge rules

While many businesses are set to close for half the day this Anzac Day, recent law changes have eased some restrictions, particularly for hospitality.

Under the Shop Trading Hours Act 1990, there are four days each year when most businesses face restricted trading.

The full restricted days include Good Friday, Easter Sunday and Christmas Day.

The 1990 act states that on Anzac Day, most businesses must stay closed until 1pm.

This year the public holiday will be Mondayised, giving Kiwis an extra day off next week without the same restrictions. However, some businesses may still be closed on Monday.

The Government’s amendment to the law around serving alcohol will also be in force, meaning the rules for on-licence businesses have loosened for the first time.

What will be open this Anzac Day?

Three types of shops can open on restricted trading days.

Shops without exemptions must stay closed during the first half of April 25.

On-licence businesses can now operate under their usual licence conditions before 1pm, thanks to a recent law change allowing hospitality businesses to sell alcohol as normal.

“Mondayisation” does not affect shop trading restrictions because they apply only to the calendar date of Anzac Day.

Retailers can be fined up to $1000 if they open illegally.

Will I be charged extra?

Cafes and restaurants can choose to add a surcharge on Anzac Day and can also choose to use one on Monday where there is a “clear and justifiable basis”.

Nicola Waldren, general manager of the Restaurant Association, says the surcharge covers the additional costs of operating on a public holiday.

“Where Mondayisation results in increased costs on both Saturday and Monday, a surcharge could be applied across both, provided there’s a clear and justifiable basis for doing so and it reflects the genuine additional costs of operating on that day”, she said.

“Many businesses choose to limit the surcharge to one day only, unless the additional costs across both days can be clearly justified and communicated.”

The Commerce Commission has also said establishments must make it well known to customers that a surcharge will be payable before they decide to buy or engage the service.

“It must be clearly disclosed, for example, by adding information to their website for online sales or placing a sign outside,” the commission says on its website.

“In addition, the reason for any surcharge must be accurately described and must not be capable of misleading consumers. The surcharge should not exceed those costs, and the costs should actually be incurred by the business.”