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Letter to the Minister for Commerce and Consumer Affairs- Anomalies across Alert Level Guidance

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31 o Hereturikōkā 2021
Hon Dr David Clark
Minister for Commerce and Consumer Affairs

Kei te rangatira, tēnā koe

Anomalies across Alert Level Guidance

Thank you for your ongoing work to keep hospitality top of mind during the Government’s response to COVID-19. As I mentioned during our meeting on 11 August with Hon Faafoi, engagement with the Government has increased exponentially over the past few years, and I am grateful that our concerns are being heeded by Ministers.

As you will be aware, Alert Level 4 lockdown impacts all sectors differently. For us in hospitality, every Alert Level 4 lockdown sends our businesses scrambling – scrambling to save thousands of dollars worth of stock, scrambling to pay wages as per normal, and scrambling to pay ongoing overheads, all while revenue remains at $0.

While our Members are committed to doing their part for our nation as part of the response, I am concerned that a range of inconsistencies regarding trade at Alert Level 4 remain.

Inconsistencies of trade at Alert Level 4

Bakeries, for example, that sell pastries, scones and other goods are allowed to operate, yet cafés – many of whom supply the exact same goods – are not. In normal operational circumstances, some of these bakeries are considered a ‘café’, yet they are able to carry on business as usual, purely because they fall within the government’s arbitrary label of a ‘bakery’ There is absolutely no difference between their operations at Alert Level 4, and how cafés operate during Alert Level 3.

The Association is not satisfied with the Government’s reasoning that the decisions behind what businesses can and cannot operate at Alert Level 4 are to limit the number of contact points in the community. It is our view that while any open site does pose a potential health risk, this is nowhere near comparable to an over-run, overwhelmed single site, with high foot traffic.

It is our view that if bakeries can sell pastries, scones and other goods – goods that are the literal bread and butter offering of a café – through contactless delivery at Alert Level 4, the same liberties should be given to cafés.

Operational activity that breaches guidelines

It has also been brought to my attention that some establishments operating under the ‘bakery’ label have been bending restrictions and discreetly offering coffee alongside baked goods deliveries. Similarly, some bakeries are delivering goods beyond what one would reasonably deem within the ordinary operation of a bakery, such as freshly made wood-fired pizzas.
This activity, although not explicitly advertised on websites or social media platforms, is nothing more than opportunistic trading that breaches guidelines. Given the vast majority of hospitality operators are completely locked out of trading at Alert Level 4, this kind of arrogant activity only heightens the exasperation felt across our sector. Those who are able to operate at Alert Level should see this as a privilege, not a right, and every effort should be made to ensure businesses are adhering to the guidelines or they should be stripped of the privilege.

Next Steps

I would value you looking into these matters. I wrote to the Minister for COVID-19 Response, Hon Chris Hipkins earlier this year, stating that I was not convinced the Alert Level settings were fit for purpose. I remain of that view. There is no doubt the Alert Level system is a useful tool, however if we are going to stick with it, it needs consistent application and ongoing scrutiny: I believe it is current form is creating a “winners and losers” mentality across sectors – those that can operate are “winners” and those that can’t are “losers”.

The fact that there can be a large concentration of people at supermarkets, yet cafés are unable to operate contactlessly alongside their bakery counterparts, shows the extent of anomalies – anomalies our Members are finding increasingly difficult to reconcile. If it can be safe for a bakery, it can be safe for a café.

Please don’t hesitate to let me know if you have any questions or need anything further.
I look forward to hearing from you in due course.

Ngā mihi nui,

Marisa Bidois
Tāhūhū Rangapū (Chief Executive)
Restaurant Association of New Zealand

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