This part of the Bylaw is made under section 145 of the Local Government Act 2002 and section 64(1)(a) of the Health Act 1956.
Nothing in this part of the Bylaw derogates from the Fire and Emergency New Zealand Act 2017 or any regulations made under that Act. To the extent that it is covered by that Act, nothing in this part of the Bylaw:
- relates to the removal of fire hazards; or
- declares prohibited or restricted fire seasons; or
- prohibits or otherwise regulates or controls the lighting of fires in open air; or
- relates to the prevention of the spread of fires involving vegetation.
These fire safety measures are now regulated by Fire and Emergency New Zealand following the Fire and Emergency Act 2017. All the new rules, fire ban information, and how to apply for a fire permit can be found on the Fire and Emergency New Zealand websites www.fireandemergency.nz and www.checkitsalright.nz or by contacting Fire and Emergency New Zealand on 0800 658 628.
This part was adopted on 16 December 2015 and amended on 29 November 2018.
The purpose of this part of the Bylaw is to protect the public from the nuisance arising from fire and smoke, in regard to aspects other than fire safety.
In this part of the Bylaw, unless the context otherwise requires:
“Authorised officer” means an enforcement officer authorised under the Local Government Act 2002, an environmental health officer under the Health Act 1956, or any other person authorised by Council for the purposes of administering and enforcing this bylaw.
“Nuisance or risk” includes potential nuisance or risk.
“Reasonable steps” includes but is not limited to issuing a direction to extinguish the fire and/or extinguishing the fire.
3. Nuisance or health and safety risk from fires or smoke
3.1 No person may light, or allow to remain lit, any fire that creates a nuisance, health risk, or safety risk to any person or property.
No person may permit smoke, noxious fumes or any other matter to be emitted in such a way as to create a nuisance, health risk, or safety risk to any person or property.
3.3 If an authorised officer is of the opinion that clause 3.1 or 3.2 has been breached, or is likely to be breached, the officer may take reasonable steps to abate, or cause to be abated, the nuisance or risk.
3.4 To avoid doubt, nothing in this part of the bylaw applies to a fire safety risk to which the Fire and Emergency New Zealand Act 2017, or regulations made under that Act, applies.
4. Offences and cost recovery
4.1 Every person commits an offence who:
- breaches clause 3.1 or 3.2 of this Bylaw; or
- fails to comply with a direction of an authorised officer issued under clause 3.3.
4.2 The Council may recover any costs it incurs as a result of acting under this bylaw. Costs are recoverable from:
- the owner of the property on or from which the nuisance or risk originated; and/or
- any person who caused the nuisance or risk.