Garden shop pays $13,500 a year in fines

Opening on Good Friday costs Oderings Nurseries $13,500 a year in fines - a price the garden shop says it is still willing to pay, as a judge suggests prosecutors take hardline steps to stop nurseries flouting the law and continue opening every year.

Oderings faced nine prosecutions under the Shop Trading Hours Act at Christchurch District Court today for failing to keep shops closed on April 2.

The prosecution covers five Oderings' shops in Christchurch, as well as stores in Hawke's Bay, Upper Hutt, Hamilton, and Palmerston North.

When companies are prosecuted for opening on Good Friday they can be fined a maximum of $1000 -- a level of fine which would be eclipsed by a very profitable day's takings.

Retail manager Darryn Odering told NZPA the companies pays about $13,500 a year in fines and court fees, but would not comment as to whether Easter Friday's profit makes up for the major loss.

"It's just a matter of principle," he said.

"Who suffers by us opening? I don't make my staff work. They want to work and we have family members working as well.

"We have our annual sale at Easter. We grow plants for selling at Easter. It's a good time of year for planting," Mr Odering said. "We'll continue to open."

The Shop Trading Hours Act specifies three-and-a-half-days each year during which most shops must close -- Christmas Day, Good Friday, Easter Sunday, and until 1pm on Anzac Day. Since 2001, garden centres are able to open on Easter Sunday.

However, the Department of Labour this year caught 19 retailers trading on Good Friday, and another 19 on Easter Sunday.

In Christchurch District Court today Judge Gary MacAskill offered a creative approach to the problem at the Oderings Nurseries hearing.

He said that if the department was serious about stopping them trading, it should apply for an injunction to the High Court to restrain them.

"Then, if they opened, they would be in contempt of court. That's what the English do. Otherwise it just appears they are paying a tax for opening."

He said the application for an injunction would need to come from the Attorney-General.

"I don't know whether consideration has been given to it, but if you want to stop it, it's the way to go," the judge said.

Mr Odering would not directly comment on the judge's suggestion, saying it was his opinion, "and his opinion counts as much as mine does".

"It is against the law as it stands, and the maximum fines are set."

The company did not appear at the court when the case was called today and the hearing was adjourned to October 28 for formal proof, a process where the prosecution can present material to prove its case even if the company is not present.

Prime Minister John Key around Easter this year said the trading laws were in "shambles" and he would like to see them liberalised.

He said the problem was that Easter Trading laws were subject to a conscience vote in Parliament, meaning MPs voted differently, often according to what their own electorates wanted.

Seven previous attempts to amend Easter trading hours have failed since 1996.

Crown Law would not comment on the case today and the Department of Labour was unable to comment this evening.