In accordance with the Fire and Emergency New Zealand Act 2017, a number of functions formerly undertaken by Council are now the responsibility of Fire and Emergency New Zealand (FENZ)(formally known as the New Zealand Fire Service). This change required Council to review its fire bylaw provisions in order for Council’s legal instruments to align with the new Act.
As part of this review, Kaipara District Council has chosen to revoke Part 7 “Fires In The Open Air” of the Kaipara District Council’s General Bylaws by resolution under section 152B of the Local Government Act 2002 at its 26 April 2018 Ordinary Council Meeting.
In particular, Council is no longer responsible for opening and closing fire seasons (i.e. fire bans) and granting fire permits. People wishing to enquire about restricted fire seasons, fire permits etc. should now contact FENZ via http://www.checkitsalright.nz/. Other matters no longer covered under the bylaw include;
These matters are now addressed by FENZ. A full list of the rules which have been revoked can be found by reviewing the former Part 7 “Fires In The Open Air”.
It should be noted that Council retains clause 1201 of its General Bylaw on smoke nuisances which states that: “No person shall burn or cause to be burnt any matter in such a manner as to be offensive”. This provision remains in force and prohibits people from creating a smoke nuisance. In addition, the Northland Regional Council have restrictions under their Regional Air Quality Plan for Northland regarding what things can be burnt. Things which must not be burnt include:
Incidents of smoke nuisance, pollution and environmental incidents can be reported to Northland Regional Council’s 24/7 Environmental Hotline toll-free on: 0800 504 639.