Knowledge 
Anzac Day (25 April) marks the anniversary of the landing of Australian and New Zealand soldiers on the Gallipoli Peninsula in 1915. New Zealanders have commemorated the Gallipoli landings ever since and Anzac Day has been a public holiday since 1921. On this day people gather to acknowledge the sacrifice of all those who have died in warfare, and the contribution and suffering of all those who have served. In this article we discuss the implications of Anzac Day for employers.
Anzac Day is one of just three-and-a-half days when almost all shops must be closed under the Shop Trading Hours Act 1990. These days are:
- Christmas Day (public holiday);
- Good Friday (public holiday);
- Easter Sunday (not a public holiday); and
- Anzac Day, until 1:00pm (public holiday)
Shop Exemptions
There are two types of shops that can open before 1:00pm on Anzac Day:
- Shops that can open with conditions and provided they meet certain conditions; and
- Shops that can open because of an area exemption.
The main stores that can open prior to 1:00pm include small grocery stores; service stations; restaurants, cafes and takeaway outlets; pharmacies; public transport terminals; shops providing services (i.e. hairdressers); and exhibitions devoted entirely to agriculture, art, industry, and/or science. There are specific conditions that some of these shops must meet. For example, small grocery shops can only sell food, drink, household items, and personal items that people can not put off buying until the next day.
There are also area exemptions. Since Anzac Day falls on a Thursday this year, the following areas have exemptions:
- Dunedin shops at the Carnegie Centre for the sale of arts, crafts, children’s Toys & Books between 7:00am and 9:00pm;
- Nelson – crafts only while Founders Heritage Park is open;
- Paihia – all shops between 9:00am to 9:00am;
- Picton – all shops in Mariners Mall between 7:00am to 9:00pm;
- Queenstown – all shops from 12:00pm onwards; and
- Wanaka – shops in Pembroke Mall, Stake 1 from 7:00am to 9:00pm.
Shops without exemptions must not open until after 1:00pm. Any shops that open prior to 1:00pm without an exemption commit an offence and the ‘occupier’ of that shop may be liable, on conviction, for a fine of up to $1,000. The occupier includes the manager of the shop.
Working on Anzac Day
An employee can only be made to work on Anzac Day if:
- It falls on a day that they would have otherwise worked on; and
- Their individual employment agreement says they have to work on that day.
Contact the team at Black Door Law if you have any questions regarding Anzac Day and the applicable payment for employees.
Disclaimer: This information is intended as general legal information and does not constitute legal advice. If you have a specific issue and wish to discuss it get in contact with the Black Door Law team.