Public holiday surcharges
A business can charge any amount as a surcharge, even on a public holiday. However, it must disclose the surcharge, and accurately describe why the surcharge is applied.
On a public holiday, surcharges are often applied to cover the extra costs a business faces, such as paying employees time and a half in accordance with the Holidays Act.
If a business gives this reason for a surcharge or claims its surcharge covers other costs, the surcharge shouldn’t exceed the actual costs incurred by the business.
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What days are public holidays?
The following days are defined as public holidays under the Holidays Act:
- Christmas Day
- Boxing Day
- New Year’s Day
- the day after New Years Day
- Waitangi Day
- Good Friday
- Easter Monday
- ANZAC Day
- King’s Birthday
- Matariki
- Labour Day
- your regional anniversary day.
Watch out for surcharges on Easter Sunday
Easter Sunday isn’t a public holiday. A business can’t claim that a surcharge is to cover additional costs incurred by complying with the Holidays Act on a public holiday, if it isn’t a public holiday. Any business that does risks breaching the Fair Trading Act.
How can I complain about a misleading surcharge?
If you feel you’ve been misled about a surcharge, you can contact the Commerce Commission. Consumer NZ members are also welcome to contact our Consumer Advice Line.
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