Anzac Day Trading and Work Restrictions for New Zealand Businesses

If you run a café, retail shop, online store, service business or market stall, Anzac Day can create real confusion. A lot of business owners make the same mistakes: they assume the rules are the same all day, they confuse public holiday pay rules with shop trading restrictions, or they think online sales are treated the same as opening a physical premises. Another common problem is rostering staff without checking whether they can legally be required to work, then discovering too late that public holiday entitlements still apply.

The short answer is that opening or working on Anzac Day is not automatically illegal in New Zealand, but some businesses face trading restrictions, especially before 1pm, and employers still need to follow public holiday employment rules. Whether you can open depends on what kind of business you operate, where you are located, and whether an exemption applies. This guide explains when businesses can trade, when staff can work, what to sort out before you sign a roster or spend money on setup, and the legal issues that matter if you are building a business that operates on public holidays.

Legal Checklist

Anzac Day sits at the overlap of shop trading rules, employment law and day to day business planning, so the safest approach is to confirm each point before 25 April arrives.

• Check whether your business premises are covered by restricted shop trading rules on Anzac Day, particularly before 1pm.
• Confirm whether your type of business is exempt, such as certain service providers, hospitality operators or businesses in specific locations.
• Review local rules if you trade in an area with special trading arrangements or local exemptions.
• Work out whether staff can be rostered lawfully, and whether they have a right to refuse work on the public holiday in your situation.
• Apply the correct public holiday pay and alternative holiday rules under New Zealand employment law.
• Update employment agreements, rosters and workplace policies so holiday work expectations are clear before you hire or schedule staff.
• Check your customer terms, refund processes, delivery timeframes and advertising if you continue taking online orders while physical trading is restricted.
• Make sure your marketing does not imply you are open when restricted trading rules prevent customers from attending your premises.

How To Set Up An Is It Illegal to Open or Work on Anzac Day in New Zealand Legally

You can set up a business in New Zealand that trades or operates on Anzac Day, but legality depends on your business structure, where and how you trade, and the kind of work staff perform.

This is where founders often get caught. They focus on normal setup steps like branding and premises, but forget to test whether their planned trading model works on restricted holidays. If part of your business plan relies on opening a physical shop on Anzac Day morning, you need to check that point before you sign a commercial lease or hire a team.

Choose a business structure that fits how you will trade

Most small businesses start as either a sole trader, partnership or company. If you want to scale, hire staff or separate personal and business risk, a company is often the preferred structure. Your registration with the Companies Office does not itself give you permission to trade on Anzac Day, but your structure affects contracts, staffing, liability and record keeping.

If you are still at the planning stage, think about:

• whether you will trade from a retail premises, a hospitality venue, a market, a mobile setup or online only,
• whether you need employees from day one,
• whether your busiest periods include public holidays,
• whether a franchise, licence or supplier arrangement limits your opening hours.

Check your premises model before you commit

A physical retail location carries different Anzac Day risk from an online business or a service operation. Restricted shop trading rules matter most for shops. A plumbing business, software consultancy or many appointment based services may face a very different legal position from a clothing store in a shopping strip.

Before you spend money on setup, confirm whether your proposed premises can legally open on Anzac Day, whether your landlord or centre manager imposes extra conditions, and whether your insurance or security arrangements assume closure during restricted periods.

Do You Need Registration, Licensing Or Approval?

No special Anzac Day registration exists just because you want to open or work on the day. The real question is whether your business falls within restricted shop trading rules, and whether any separate industry approvals apply to your normal operations.

For example, a café may need food related registrations under ordinary local rules, and a business selling alcohol may need the right licence for licensed trading. Those approvals do not override Anzac Day restrictions. You still need to check whether your business can legally trade at the relevant time and in the relevant way.

Protect your business name and brand early

Business owners often announce Anzac Day trading promotions before they have locked down their branding. Registering a company name is not the same as protecting a business name or brand. If you are investing in signage, menus, uniforms, product packaging or an online store, consider whether a trade mark application makes sense.

This matters even more if public holiday periods are important to your sales cycle. The main risk is spending on launch materials, then being forced to rebrand after an objection or conflict.

Set up employment documents before your first public holiday

If you hire staff, your employment agreements should deal clearly with hours, availability, public holidays, pay arrangements and rostering expectations. You should not wait until April to sort that out.

A vague arrangement like “some weekend and holiday work as needed” can create avoidable disputes. Clear drafting helps you decide who can be rostered, what notice will be given, and how you will handle employees who do not work the day or who are not required to work.

Legal Requirements And Compliance Issues To Check

The legal position on Anzac Day depends on two separate issues: whether your business is allowed to trade, and whether staff who work are treated correctly under public holiday rules.

Business owners sometimes collapse these into one question and miss both. Being allowed to open does not remove your employment obligations, and having willing staff does not make trading lawful if your premises must stay closed.

Restricted shop trading rules on Anzac Day

In New Zealand, Anzac Day is a restricted trading day for many shops, particularly before 1pm. That means some premises cannot open to the public during the restricted period unless an exemption applies. The detail can depend on the nature of the business and where it operates.

Hospitality and service based businesses are often in a different category from general retail shops. A restaurant serving meals is not always treated the same way as a gift shop or clothing store. Pharmacies, dairies, petrol stations and businesses in some exempt areas may also be treated differently. The point is not to guess based on what nearby operators do. Check your own business model carefully.

Working on Anzac Day and employee rights

It is not illegal for people to work on Anzac Day in every case. Many businesses still operate, and staff may lawfully work where the business can trade or where work is otherwise permitted. But public holiday employment rules still apply.

If an employee works on a public holiday, they may be entitled to time and a half and, in some cases, an alternative holiday if the day would otherwise be a working day for them. Whether a staff member can be required to work depends on their employment agreement and the facts of the arrangement. Founders should not assume a standard roster automatically answers the issue.

Before you finalise staffing, review:

• whether the employee would normally work that day,
• whether the employment agreement allows work on public holidays,
• what pay rate applies,
• whether an alternative holiday is triggered,
• how you will record hours and entitlements.

Advertising, promotions and customer messaging

If your business is closed for part of the day but still taking bookings or online orders, your advertising must be accurate. The Fair Trading Act applies to representations about opening hours, delivery timeframes, in store collection and holiday promotions.

A common mistake is advertising “open all Anzac Day” when only online ordering is available before 1pm, or when your physical premises cannot legally welcome customers. Another is promising same day dispatch when staff are not actually working. If your marketing creates a misleading impression, you can face consumer complaints and regulator attention even if the trading breach itself is unintentional.

Online sales, click and collect and service bookings

Online trading is not always affected in the same way as opening a physical shopfront, but you still need to think through how the customer interaction happens. Taking orders online may be possible even if a store is not open to walk in customers. Collection from restricted premises, however, may raise different issues.

Your terms and customer communications should clearly explain:

• when orders will be processed,
• whether dispatch occurs on the public holiday,
• whether pickups are available,
• what happens if stock or staffing delays occur,
• how refunds, exchanges and cancellations are handled.

Consumer law still applies. If you sell goods or services to consumers, the Consumer Guarantees Act and the Fair Trading Act remain relevant even on public holidays.

Privacy and booking systems

If you use online booking tools, loyalty apps or e-commerce systems over holiday periods, your privacy obligations do not pause. You should have a privacy policy that reflects what personal information you collect, how you store it, and who you share it with.

This matters if you collect customer names, phone numbers, addresses, payment information or dietary details for a holiday service. If you outsource booking or payment systems, check your provider contracts and make sure customer communications match what actually happens to their data.

Contracts, Online Sales And Growth Risks For Is It Illegal to Open or Work on Anzac Daies

The biggest legal risk is not usually one dramatic breach. It is a chain of small assumptions, a lease that expects holiday trade, supplier terms that do not match your opening rights, staff rosters that conflict with public holiday law, and customer promises you cannot keep.

Good contracts reduce those risks early. This is especially important if your business model depends on weekends and public holidays for revenue.

Leases and shopping centre rules

Before you sign a contract for retail premises, check whether the lease or centre rules say anything about mandatory opening hours, public holiday closures, access restrictions or staffing requirements. Some business owners discover too late that centre expectations and legal trading restrictions do not line up neatly.

If your location matters to your Anzac Day trading strategy, ask clear questions in writing before you commit. You want to know whether you must close, may close, or are expected to open after restricted hours end.

Supplier and distribution agreements

If you promote holiday trading, your supplier agreement should support the plan. A business promising special Anzac Day menus, stock drops or service slots can run into problems if delivery cut offs, minimum order terms or holiday surcharges are buried in supplier documents.

Check contracts for:

• delivery timing around public holidays,
• stock availability and substitution rights,
• cancellation fees,
• payment timing,
• who bears the risk if trading restrictions affect performance.

Employment agreements and workplace policies

If your business grows, public holiday work should not be managed informally through text messages and ad hoc roster changes. Your employment documents need to match how the business actually operates.

That may include clauses about ordinary days of work, availability, public holiday expectations, overtime approval, time recording and alternative holidays. A clear workplace policy also helps managers handle requests consistently across the team.

Website terms and booking conditions

If customers can place orders or make appointments on Anzac Day, your website terms should cover delays, cancellations, stock issues and service windows. This is where online sellers often get caught. The website says one thing, customer support says another, and the business has no contract review or wording to manage the gap.

For service businesses, booking conditions can deal with:

• holiday surcharges if permitted and properly disclosed,
• cut off times for changes,
• rescheduling rights,
• refund rules,
• what happens if public holiday staffing limits affect the booking.

Trade mark, branding and respectful marketing

Anzac Day can be commercially sensitive. Even where trading is lawful, your branding and campaign language should be thoughtful. Overly aggressive promotions can damage your reputation even if they do not break a specific trading rule.

From a legal perspective, the key branding issue is still protecting your own business name, logos and core product lines with sensible trade mark planning. If you are printing seasonal materials, event signage or promotional packaging, check your brand rights before you print.

FAQs

Can a shop open before 1pm on Anzac Day in New Zealand?

Many shops cannot open before 1pm on Anzac Day unless an exemption applies. The answer depends on the type of business and sometimes the location, so you should check your specific situation rather than relying on general assumptions.

Is it illegal for employees to work on Anzac Day?

No, not in every case. Employees can work where the business can lawfully operate and the employment arrangement permits it, but public holiday pay and alternative holiday rules may still apply.

Can my online store keep taking orders on Anzac Day?

Often yes, but you need accurate messaging about processing, dispatch, pickup and delivery. Taking online orders does not always mean customers can collect from a physical premises during restricted trading periods.

Do cafes and restaurants have the same Anzac Day rules as retail stores?

Not always. Hospitality businesses are often treated differently from general retail shops, but the exact position depends on how the business operates and what it is selling.

What is the biggest legal mistake businesses make on Anzac Day?

The biggest mistake is treating trading rules and employment rules as the same issue. A business might lawfully roster staff but still face restrictions on opening to the public, or it might be allowed to trade but pay staff incorrectly.

Key Takeaways

• It is not automatically illegal to open or work on Anzac Day in New Zealand, but many shops face restricted trading rules, especially before 1pm.
• Your legal position depends on your business type, location, premises model and whether any exemption applies.
• Employment law still matters even if you can trade, including public holiday pay, alternative holidays and whether staff can be required to work.
• Online sales can continue in some cases, but your advertising, pickup arrangements, customer terms and delivery promises must be accurate.
• Before you sign a lease, hire staff or spend money on setup, check how Anzac Day rules affect your business model and contracts.
• Brand protection, privacy documents, supplier contracts and website terms all help reduce avoidable risk around holiday trading.

If you want help with employment agreements, website terms, lease review, trade mark protection, you can reach us on 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.