Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 74

A Compilation of the Shops and Shop-Assistants Acts

page break

A Compilation of the Shops and Shop-Assistants Acts.

coat of arms

By Authority: Samuel Costall, Government Printer. Wellington

1896
page break

A Compilation of the Shops and Shop-Assistants Acts.

page break

The Short Titles of these Acts are, " The Shops and Shop-assistants Act, 1894," which came into operation on the 1st day of January, 1895, and " The Shops and Shop-assistants Act Amendment Act, 1895," which came into operation on the 1st day of November, 1895.

Interpretation.

A. In these Acts, unless inconsistent with the context,—
  • "Closed," with reference to shops, means closed against admission of the public for purposes of trade for the remainder of the day:
  • "Inspector" means an Inspector of Factories and workrooms appointed under "The Factories Act, 1891," or any Act passed in substitution therefor:
  • "Office" means any building or place used as a banking office, insurance office, or for any other commercial purpose:
  • "Office employé" means any person employed in any office as defined in the preceding paragraph:
  • "Shop" means any building, or portion of a building, or place in which goods are exposed or offered for sale by retail:
  • "Shop-assistant" means any person or any member of the shopkeeper's family who works in a shop for hire or maintenance, and includes apprentices, improvers, messengers, persons employed to deliver goods for closed shops, and the clerical staff;page 4
  • "Shopkeeper" means the person, company, or association employing any person for hire in any shop, or occupying any shop, building, or place intended as or about to be used as a shop, and includes any agent, manager, foreman, or other person acting, or apparently acting in the general management or control of any such shop:
  • "Special resolution" means a resolution passed at a special meeting of the City or Borough Council or Town Board respectively, and of which meeting public notice shall have been given by advertisement at least seven days prior to the date of meeting.

Shops to close on one working-day at one o'clock.

B.(1.) All shops in a city, borough, or town district, except those wherein is carried on exclusively one or more of the businesses of a chemist, fishmonger, a fruiterer, a confectioner, a coffee-house keeper, an eating-house keeper, or the keeper of a bookstall on a railway-platform, shall be closed in each week on the afternoon of one working-day at the hour of one of the clock.

(2.) Whenever a public holiday or half-holiday occurs in any week, it shall be a sufficient compliance with these Acts if a shopkeeper closes his shop on such holiday or half-holiday instead of on the closing-day under these Acts.

Special provisions for Europeans who conduct shops either solely or assisted by certain members of family.

C. (1.) With respect to any shop the business where of in bonâ fide owned and conducted by any person of New Zealand or European extraction, whether solely or with the assistance of members of such person's family below the age of eighteen years who reside on the premises, the following special provisions shall apply:—
(a.)Such person shall be entitled to close his or her shop on another specified day in each week other than the day appointed for the closing of shops in the district on giving notice to the Inspector of the district of his or her desire so to do.
(b.)Such notice shall be lodged with the Inspector during the month of January in each year, and shall be page 5 taken as proof of the facts therein stated : Provided that if such person commences business after January such notice shall be lodged as aforesaid at any time within one month after he or she first commences business in such shop.

(2.) It shall be the duty of the Inspector of each district to notify the small shopkeepers therein of the provisions of this section during the first fourteen days of the month of January in each year.

Particular exceptions.

D. (1.) All shops in any city, borough, or town district may continue to be open in the afternoon of the working-day next preceding Christmas Day, New Year's Day, Good Friday, and the Sovereign's Birthday, and Easter Monday respectively, although such working-day may be the day appointed for the closing of shops at the hour of one of the clock in the afternoon in such city, borough, or town district.

(2.) Any person whose business it is to sell machinery for harvesting purposes, or fittings for such machinery, may, during the time of harvest and for the sole purpose of selling such machinery or fittings, keep his shop open on the day appointed for the closing of shops.

Penalties for keeping employés after hours.

E. If any shop-assistant or office employé be employed in the ordinary course of his business in any shop or office later than half an hour after the prescribed time of closing, the employer shall be liable to a penalty not exceeding five pounds for each offence in respect of each shop-assistant or office employé so employed.

Penalty for not closing at prescribed hours.

F. All shops in any city, borough, or town district, except as aforesaid, shall be closed in accordance with these Acts; and if any shopkeeper shall fail or neglect to so close his shop he shall be liable to a penalty not exceeding five pounds for each occasion upon which he so fails or neglects.

Supply of goods to ships after prescribed hours.

G. It shall not be deemed an offence against the provisions of these Acts if a shopkeeper employ any person or keep open his page 6 shop at a port after the prescribed time of closing merely for the purpose of supplying goods to any ship, steamer, or boat arriving at such port.

Assistants in shops not included in foregoing to have weekly half-holiday.

H. (1.) All shop-assistants in shops outside the limits of cities, boroughs, and town districts, and all assistants employed in hotel bars within or without such limits, shall have a half-holiday from the hour of one of the clock in the afternoon of some working-day in each week; and notwithstanding anything contained in section three, every shop-assistant in excepted shop shall have a half-holiday from the hour of one of the clock it the afternoon of some working-day in each week.

(2.) If any person shall offend against the provisions of this section by allowing any shop-assistant or other assistant as aforesaid to continue at work during such half-holiday, he shall for every such offence be liable to a penalty not exceeding five pounds.

Mode in which day for closing shops to be fixed.

I. (1.) The day on which shops are to be closed in accordance with these Acts shall be appointed by the local authority by special resolution in the month of January in every year, and the day so appointed shall continue to be the day for closing until some other day shall have been appointed.

(2.) Any two or more boroughs or town districts, any part of any one of which is situate within a mile of any part of another, shall be deemed to constitute a district for the purposes of these Acts; and in all boroughs and town districts comprised in any such district the day appointed for the closing of shops shall be the same, and such day shall be appointed in manner following :—
(a.)A conference of delegates appointed by all the local authorities comprised in any such district shall be held in the month of January in every year forth purpose of deciding on which day of the week shops shall be closed in such district, in accordance with the provisions of these Acts.
(b.)Each local authority comprised in any such district (not being a city) shall appoint one delegate to each such conference, and any borough being a city in such page 7 district shall appoint a number being one more than the number of delegates appointed by all the other local authorities in such district.
(c.)All delegates shall be members of the local authority, and in the case of a city the Mayor shall be ex officio one of the delegates for such city. The number of delegates which any such city is entitled to appoint shall constitute a quorum of the conference.
(d.)Such conference shall decide which day of the week shall be the day on which all shops in the district shall be closed as provided by these Acts; and the Chairman shall forthwith notify in writing to the Minister of Labour which day has been so decided upon, and the Minister shall by notice in the Gazette appoint that day to be the day for closing accordingly; and the day so appointed shall continue to be the day for closing until the Minister shall have appointed some other day in accordance with the decision of another conference; and the production of the Gazette notice shall be conclusive proof of the day named therein being the day appointed for closing shops in the district.

Provisions for regulating proceedings of any conference.

(3.) For regulating the proceedings of any conference, the following provisions shall apply, that is to say:—
(a.)The conference shall be held at the Council Chamber or offices of the city or borough having the largest population, and at such times as shall be fixed by the Council of the said city or borough :
(b.)The Mayor of such city or borough shall, by letter, notify the place and time appointed for the meeting of the conference to all the local authorities, requesting them each to appoint their delegate and to require him to attend at the said place and time:
(c.)At each meeting of the conference the delegates present shall appoint one of their number to be Chairman.
(d.)The rules for the conduct of business at meetings of the aforesaid City or Borough Council shall be the page 8 rules for the conduct of business at the conference and shall apply in the same manner as if the delegates were members of the aforesaid Council.

(4.) The proceedings of a conference of delegates shall not be affected by the fact that any local authority has neglected or omitted to appoint the prescribed number of delegates.

Local authority or conference may substitute another closing-day.

J. (1.) Notwithstanding anything to the contrary contained in the foregoing sections, it is hereby declared that at any time within one month after the first day of November, one thousand eight hundred and ninety-five, and at any time before the thirty-first day of March in each year,—
(a.)It shall be lawful for any local authority under section I hereof to appoint, by special resolution, another closing-day in substitution for the one which is for the time being in force;
(b.)It shall be lawful for a conference of delegates, appointed in that behalf by all the local authorities constituting a district under these Acts, to decide on another closing-day in substitution for the one which is for the time being in force;

(2.) If the conference decides as aforesaid, and the Chairman forthwith notifies the Minister of Labour thereof, the Minister shall, by notice in the Gazette, appoint such day as the closing-day in substitution of the one theretofore in force.

(3.) The closing-day so substituted as aforesaid by the local authority or the Minister shall for all purposes be the closing day in the district of such local authority, or (as the case may be) in the district constituted under these Acts, until some other day is lawfully appointed.

(4.) The production of such Gazette notice shall be conclusive proof of the day named therein being the closing-day in the district named therein.

Governor may appoint day in certain cases.

K (1.) In the event of any local authority failing so to appoint a day, or of any conference failing to meet or to decided upon a day on which shops in the district are to be closed, then the Governor may by Order in Council appoint such day, and page 9 the day so appointed shall continue to be the day on which shops are to be closed in the borough, town district, or district respectively until some other day shall have been duly appointed, and such Order in Council shall be conclusive proof of all the facts stated therein.

Exceptions.

L. In the event of any day other than Saturday being appointed under any of the provisions of these Acts as closing-day odder these Acts, then any person shall be entitled to close his shop or office on Saturday in lieu thereof, on giving notice to the Inspector of his desire so to do. Such notice shall be lodged with the Inspector during the month of January in each year, and shall be taken as proof of the facts therein stated :

Provided that, in the case of a shopkeeper who commences business after January, such notice may be lodged as aforesaid at any time within one month after his shop is first opened for business:

Provided further that, in the event of Saturday being the day so appointed, any other day of the week may be appointed as the day on which butchers', hairdressers', and photographers' shops are to be closed in lieu of Saturday.

Special hours for closing on Saturday night.

M. Upon a requisition, signed by a three-fifths majority of the shopkeepers in any city or borough, desiring that all shops in the city or borough shall be closed on the evening of Saturday in each week at the hour of nine or ten of the clock, as expressed by the requisition, the Minister shall, by notice in the Gazette, intimate that from and after a day therein mentioned all the shops in the city or borough shall be closed in accordance with such requisition : Provided that no requisition will be gazetted by the Governor in Council until it has been certified to by the City or Borough Council that the signatures to such requisition represent a three-fifths majority of shopkeepers trading within the city or borough limits.

Women and young persons not to be employed more than fifty-two hours in a week.

N. (1.) A woman, or a person under eighteen years of age, shall not work for hire or maintenance in or about any shop, nor at any work in connection with the shop, for a longer period than page 10 fifty-two hours, excluding meal-times, in any one week, nor for a longer period than nine hours and a half, excluding meal times, in any one day, except on one day in each week, when eleven and a half hours' work may be done : Provided that the persons employed in a shop or workroom may, with the consent of the Inspector, be employed for a period not exceeding three hours in any one day beyond the ordinary working-hours on not more than forty days in any one year for the purposes of stocktaking.

Interval for refreshments.

(2.) No woman, or person under eighteen years of age, shall be employed more than five consecutive hours without being granted an interval of not less than half an hour for refreshments.

Previous employment on same day.

(3.) A woman, or a person under eighteen years of age, shall not, to the knowledge of the shopkeeper, be employed in any shop who has been previously on the same day employed in a factory or workroom for the number of hours permitted by law, or for a longer period than will complete such number of hours.

Notice of hours to be exhibited in shops.

(4.) In every shop in which women, or persons under eighteen years of age, are employed, a notice shall be kept exhibited by the shopkeeper in a conspicuous place therein stating the number of hours in the week during which women and persons as aforesaid may lawfully be employed therein.

Penalty on breach.

(5.) Where any woman, or person under the age of eighteen years, is employed in or about any shop contrary to the provisions of these Acts, the shopkeeper shall be liable to a penalty not exceeding two pounds for each person so employed.

Sitting accommodation for females employed in shops.

O. Every shopkeeper is hereby required to provide proper sitting accommodation for females employed in his shop, and if any shopkeeper fails to comply with the requirements of this section he shall for every week during which he so fails be liable to a penalty not exceeding five pounds.

page 11
P. (1.) No shopkeeper shall—
(a.)Directly or indirectly prohibit or prevent, or make any rule or regulation prohibiting, any female employed in his shop from being seated when not actually and immediately engaged in the course of her employment;
(b.)Require any such female to be so continuously employed in an employment, the course of which requires her to remain standing, as that reasonable intervals are not allowed to her in each day during which she may use the sitting accommodation provided;
(c.)Dismiss from his employment or reduce the wages of any female on the ground that she has made use of such sitting accommodation, unless it be proved that she has used it for an unreasonably long time or an unreasonable number of times on any day.

(2.) Any shopkeeper who shall offend against any provision of this section shall for every such offence be liable to a penalty not exceeding ten pounds.

Dinner-hour for shop-assistants.

Q. Shop-assistants shall be entitled to one hour for dinner.

Shops to be kept clean.

R. (1.) Every shop or business establishment shall be kept in a cleanly state, and free from effluvia arising from any drain, privy, or other nuisance, and shall be ventilated in a practical and efficient manner.

(2.) Where members of both sexes, not being members of the same family, are working in the same shop or business establishment there shall be sufficient watercloset or privy accommodation for each sex, separated in such manner as to insure privacy, to the satisfaction of the Inspector.

(3.) Where members of one sex only are employed in a shop or business establishment, sufficient watercloset or privy accommodation shall be provided to the satisfaction of the Inspector.

Closing-hour for offices.

S. (1.) The closing-hour of all offices shall be not later than five o'clock in the afternoon of each week-day except Saturday, page 12 when the closing-hour shall be not later than one o'clock in the afternoon: Provided that cashiers, ledger-keepers, and cash-bookkeepers in any office may, before leaving their offices, balance the books in their charge of the day's transactions, and provided further that exception shall be made in respect of not exceeding six days in each calendar month, when employés may be required to continue at work or to return to work for not exceeding three hours in any one day : It is further provided that this section shall not apply to shipping, exporting, railway, tramway, and newspaper offices.

Exception with regard to offices.

(2.) Offices shall be excepted from the operation of the last-preceding section during two periods of four weeks each in every year for the purposes of their half-yearly balances.

(3.) Where a shop and office are conjoined in one in the same building and under the one tenancy the two divisions shall not be compelled to close on two different days, but the entire closing of both on the day appointed for closing the shop shall free the office from the necessity of closing on Saturday, unless Saturday shall be the day appointed for the closing of shops, in which case both shall close on that day.

Agent liable to penalty in certain cases.

T. Where an offence for which a shopkeeper is liable under these Acts to a penalty has, in fact, been committed by some agent, servant, workman, or other person, such agent, servant, workman, or other person shall be liable to the same penalty as if he were the shopkeeper.

Inspectors of Factories to see Act properly carried out.

U. (1.) It shall be the duty of every Inspector to see that the provisions of these Acts are properly carried out, and to prosecute all persons guilty of any breach thereof.

(2.) For the purpose of carrying out the provisions of these Acts, every Inspector shall have the same right of entry into and of inspection and examination of a shop or office subject to the provisions of these Acts, as he would have in respect of a factory or workroom; and, in case any shopkeeper or office manager shall refuse to allow such entry or inspection and examination, he shall be liable to the like penalty as the occupier of a factory page 13 or workroom is liable to for refusing to allow or impeding any entry into or examination of such factory or workroom.

Provisions as to procedure in prosecutions.

V. (1.) Where any person is charged with an offence against these Acts such charge shall be heard, and all penalties imposed by this Act shall be recovered, in a summary way before a Stipendiary Magistrate.

(2.) The following provisions shall have effect with reference to proceedings before the Court for offences and penalties under these Acts :—
(a.)The information shall be laid within one month after the commission of the offence;
(b.)It shall be sufficient to allege that a shop or office is a shop or office within the meaning of these Acts without more;
(c.)It shall be sufficient to state the name of the ostensible shopkeeper or office manager, or the title of the firm, company, or association by which the shopkeeper or office manager is usually known;
(d.)A conviction or order made in any matter arising under these Acts, either originally or on appeal, shall not be quashed for want of form; and
(e.)The Inspector and every other person who may be dissatisfied with the judgment of the Court on any summary proceedings under these Acts may appeal to the Supreme Court or to a District Court in the manner provided by " The Justices of the Peace Act, 1882."

W. Every person who commits any breach of any provision of these Acts for which no specific penalty is provided is liable to a penalty not exceeding five pounds.

"The Shops and Shop-assistants Act, 1892," is hereby repealed.

Samuel Costall, Government Printer, Wellington.—1896