On Wednesday 25th April we will all rise to commemorate ANZAC Day.  Below you will find an overview of trading hours under the Sale and Supply of Alcohol Act 2012 as well as information relating to employee entitlements.

Trading Hours

Club Licence holders are not subject to Section 47 of the Sale and Supply of Alcohol Act 2012 "Sale and Supply on ANZAC Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences". 

This means that Club Licence holders are able to trade as usual on ANZAC Day.

You will need to check whether your Territorial Authority uses the Default National Maximum Trading Hours of 8am on any day to 4am on the next day, or whether the Territorial Authority has a Local Alcohol Policy with different trading hours as these will override the default national maximum and any conditions specified on your current individual club licence.

Clubs that are wishing to trade earlier than usual on ANZAC Day will need to have applied for a Special Licence except for those Club Licence holders where;

  • The premises houses an RNZRSA club; and
  • The club holds a club licence for the premises

Section 47A of the Sale and Supply of Alcohol Act allows these clubs to to trade between the hours of 4am to 1pm on ANZAC Day.  As we have mentioned previously Section 47A of the Act does not extend who a club can and cannot sell alcohol to and clubs that do not have a special licence in force for ANZAC Day must ensure that alcohol is not served or supplied to 'members of the public'.

Employee Entitlements

This year ANZAC Day falls on Wednesday 25th April, therefore the public holiday is not subjected to 'Mondayisation'.  As with all public holidays the first step is to determine whether the day the public holiday falls (in this case a Wednesday) is considered otherwise a working day for the employee, i.e. does the employee normally work on a Wednesday? Understanding whether the day is considered otherwise a working day or not will enable you to determine each employees entitlements for the day.

An employee who normally works on the day the Public Holiday falls (Wednesday)

If the employee normally works on the day that the Public Holiday falls and they are not required to work (are given the public holiday off) then they have the day off with normal pay (relevant daily pay).

If the employee normally works a Wednesday and is required to work, they are entitled to time and a half for the hours worked pay plus an alternative holiday (lieu day).

An employee who does not normally work on the day the Public Holiday falls (Wednesday)

For an employee who does not normally work on the day the Public Holiday falls, they have their day off as normal and are not entitled to any pay or alternative holidays.

Employees who do not normally work the day the Public Holiday falls that are required to work* are entitled to paid time and a half for the hours worked but are not entitled to an alternative holiday.

*Note that in order to require an employee to work on a public holiday that would not otherwise be considered a working day a written employment agreement must be in place that specifies that the employee can be required to work on public holidays.

Alternative Holidays

The entitlement to an alternative holiday is irrespective of the time worked on the public holiday.  For example where an employee works from 5pm on April 24 to 3am on ANZAC Day (and the day that ANZAC Day falls is otherwise a working day for that employee), that employee is entitled to a whole alternative holiday paid at the employee's relevant daily pay for the day the alternative holiday is taken.

Alternative holidays are taken on agreement between employers and employees and must be on a day that would otherwise be a working day for that employee, the employee's alternative holiday entitlement can be used at any time on the agreement of the employee and the employer so long as the day it is taken is considered an otherwise working day for the employee.

More information on public holiday entitlements can be found by visiting the Ministry of Business, Innovation & Employment website www.employment.govt.nz