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.
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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