John Armstrong: Businesses trying to stay open during coronavirus lockdown are disgraceful

March 28, 2020

Dairies will stay open, but liquor stores and The Warehouse will close to the public.

Jacinda Ardern should not, in fact must not tolerate any repetition of the disgraceful behaviour exhibited by the likes of The Warehouse, the Mad Butcher and Domino's Pizza during this most tumultuous of weeks.

The three retailers responded to Wednesday's declaration of a state of emergency with a declaration of their own -- one which was breathtaking in its arrogance and just as self-serving.

Along with executives from the Mad Butcher, The Warehouse's management blithely announced that the company regarded itself as a provider of essential services and accordingly would remain open on the basis of having satisfied itself that it met the terms of such classification.

Domino's Pizza engineered a far more ingenious, but no less surreptitious mechanism by which to claim the same classification to escape the shutdown imposed by Cabinet fiat in order to curb the spread and incidence of the Covid-19 virus.

The company unveiled what it termed as a "Meals for Seniors" initiative which would see one free pizza meal delivered once a week to anyone over 70 for the duration of the lockdown.

Domino's claimed the scheme had been set up in response to the Government's request that people stay home to avoid contact with others and thus lessen the risk of the coronavirus extending its reach into the community.

The assessment by the Unite Union of the pizza offer was less charitable. It described the initiative as being a socially irresponsible marketing stunt that posed a danger to workers and undermined the very purpose of having the lockdown.

Since the lockdown became operative at midnight on Wednesday, there has been much discussion regarding what services justify being classed as "essential".

Butcheries and bakeries are supposed to be closed but some are openly defiant, as are their customers.

Such debate is valid. In fact, it is to be welcomed given the complexity of that task.

It is unacceptable, however, for a retailer to determine that a service or a product is essential and continue to trade on that basis without having been given the okay by officialdom to do so.

It ought to be stressed that the aforementioned companies have not been alone in ignoring the strictures which apply to all and sundry during a national emergency.

Their prominence as major players in their sector of the economy meant their lapse from what is acceptable was short lived.

So out of sync were they with the public's mood that it took barely no time for them to buckle and give assurances that they would be closing their outlets.

Companies that claimed they would remain open have been told they must shut.

The excuse being peddled by the retail industry that stores needed "clarification" of some "grey areas" in the rules promulgated by the Ministry of Business, Innovation and Employment before they could make the decision as to whether their doors would stay open or be shut simply does not wash.

Neither The Warehouse nor the Mad Butcher waited until such clarification was provided by the ministry. They instead took the step of announcing they would remain open regardless.

Domino's Pizza likewise made it clear that it would be business as usual for that fast food outfit but without directly saying so.

The Warehouse's less than cunning plan to defy the lockdown was dead in the water from the moment Ardern was told about it.

The three companies may have wised up to the realisation that ultimately that they had much more to lose in terms of goodwill than they would gain in dollar terms by staying open.

Those companies have high public profiles, however. If they breach the rules, they quickly get found out. And the media likewise finds out.

There are literally thousands of small operators who will fly under the radar of the labour Inspectors employed by the Ministry of Business, Innovation and Employment. Such is the number of such retail outlets that policing them all is impossible even during normal times, let alone under the circumstances currently pertaining.

It is vital that no matter their size and scale that all retail operations comply with the new and much more limited rules of retail engagement.

So far, the Prime Minister has gone no further than merely urging retailers not to flout those rules. There is now solid evidence, however, that many butcher's shops and bakeries are doing exactly that.

Having declared a national emergency, Ardern and her ministers should not hesitate to utilise the powers that immediately kick in once the country is subject to such a proclamation.

If retailers refuse to close their outlets, then the authorities can call in the police to shut their doors. Stock can be confiscated. If perishable, it can be destroyed.

If such measures fail to force compliance, prosecutions can follow.

If the prospect of a $50,000 fine fails to bring miscreants into line, then staring down the barrel of up to three months in jail might just prompt the owner of a retail chain to think again about complying.

In summary, it is time to spell out the dire consequences that commercial enterprises will suffer should they claim their operations fall within the definition of an "essential service" when that is patently not the case.

It is time to make an example of businesses which keep trading when the strictures now applying across the country to contain the spread of the Coronavirus contagion are unambiguous in stating that they must not do so.

We are all in this together. Really? For that now oft-mentioned axiom to continue to have meaning and relevance requires that "all" means "everyone".

Countering the spread of the Covid-19 virus does not allow for exemptions. Full stop.

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