Shop Trading Hours Act 1990

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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Heading: inserted, on 30 August 2016, by section 11 of the Shop Trading Hours Amendment Act 2016 (2016 No 39).

4 Certain shops may remain open


Section 3(1) does not apply to a shop if it is—


a shop where—


the goods for sale include nothing that is not food, drink, a household item, a personal item, an automotive fuel, an automotive lubricant, an automotive part, or an automotive accessory, of a kind that people may reasonably need to be able to buy at any time; and


the quantity of goods for sale is no greater than that sufficient to meet the demands of the people who live or are staying in the area where the shop is, and people (other than people travelling in order to buy goods at the shop) travelling through the area; or


a shop whose principal business is selling goods falling into one or other of the following categories:


goods intended to be bought as souvenirs:


duty free goods (that is to say goods sold from or through an export warehouse or a duty-free store (as those terms are defined in section 5(1) of the Customs and Excise Act 2018) to people intending to take the goods out of New Zealand):


prepared or cooked food ready to be eaten immediately in the form in which it is sold; or


a shop at any public passenger transport terminal, or at any station where public passenger transport services stop, whose principal business is selling goods falling into one or other of the following categories:


books, magazines, and newspapers:


the categories specified in paragraph (b); or


a pharmacy; or


a shop in premises where a bona fide exhibition or show devoted (entirely or primarily) to agriculture, art, industry, and science, or any of those matters, is being held.


Section 3(1) does not apply to a shop in respect of its remaining closed at any time on any day if—


on 31 July 1990 there was in force in respect of the area in which the shop is situated an order under section 20 of the repealed Act (applied for under section 18(2) of that Act) authorising shops to be open at that time on that day; and


all conditions (if any) subject to which the order was made are being (or, as the case may be, have been) complied with.

Section 4(1)(b)(ii): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).