For most businesses, charging a surcharge on public holidays and Sundays is a straightforward way to accommodate the penalty rates applicable on those occasions. The surcharge can also serve as a way to pass on the extra opening expenses that occur if business is slower on those days.
Legally, cafes and restaurants are allowed to charge a surcharge as long as they clearly inform their customers.
From the New Zealand Commerce Commission Website:
Businesses sometimes add surcharges, for example on public holidays to cover additional costs such as increased staff wages. Surcharges should always be clearly and accurately disclosed. You should be told about the surcharge, and what it covers, upfront so you can make a decision about whether you are prepared to pay it or buy elsewhere.
On public holidays businesses also need to be careful not to mislead you about the reasons for the surcharge. For example, a business must not claim it is applying a surcharge on Easter Sunday because it is a public holiday. This would be inaccurate because the only public holidays over the Easter weekend are Good Friday and Easter Monday.
Read here about the Pro’s and Con’s of having a public holiday surcharge
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