Hefty fines for fire rule breakers

The regional council is cracking down on backyard fires.


As autumn leaves for another year, clearing the season’s debris with a backyard burn-off is a common weekend chore.

However, Northlanders are being asked to show courtesy to their neighbours and follow the rules, or risk a hefty fine.

Every year, a quarter of calls to Northland Regional Council’s (NRC) incident hotline involve complaints about burning and/or associated smoke nuisance.

NRC regulatory services group manager Colin Dall says that in the past, council has preferred an education stance to enforcement. However, with a continued large number of complaints about backyard burning, it has had to adopt a tougher line over the last few years, including for people breaching the rules at industrial sites.

“Open burning at industrial or trade premises is not permitted under our Proposed Regional Plan (PRP),” Dall says.

“Businesses breaching this rule are now more likely to receive a $1000 instant fine, rather than the warning they may have received previously.”

Businesses that want to burn debris must do so in a PRP-defined incineration device, made from non-combustible materials designed to contain all embers and sparks, has a grate and lid or spark arrestor, and is not used to generate energy.

“An open 44-gallon drum is not deemed to be an incineration device,” Dall says. “Those breaching the rules are liable for enforcement action, which can range from instant fines of up to $1000, abatement notices and prosecution – the latter with the risk of much stiffer penalties – through the courts.”

Last year, NRC issued 38 infringement notices ranging from $300 to $1000 and 56 abatement notices, with two court-ordered enforcement orders for burning-related incidents.

“Council rules and national regulations specifically ban the burning of some materials on health and environmental grounds. These include rubber tyres, coated metal wires, treated timber, plastic containers, motor vehicle parts and waste oil.

“Only paper, untreated wood, cardboard or vegetation can be burnt. Animal remains are permitted where the burning is on agricultural land.”

While urban Whangarei residents have restrictions on fires, Northlanders outside this area can light up a burn off provided the smoke and odour is non-offensive to neighbours, the fire does not obscure vision along a public road and only contains the allowed materials.

“If the fire is going to last for more than 24 hours and is within 100 metres of a smoke-sensitive area, all neighbours within 100 metres of the fire must be notified,” he says. “This ability to have fires obviously does not apply when restricted fire season or fire bans are in place.”

Although backyard burn-offs of certain materials is allowed, Dall says the NRC is generally keen to encourage more environmentally friendly alternatives, wherever possible.

“Waste vegetation can be composted or mulched, larger branches can be used as firewood and paper and other materials can usually be recycled,” he says. “If waste vegetation is being burnt, a lot of problems can be easily avoided just by ensuring it has been given plenty of time to dry out, rather than burning it green.”

For general information on backyard burning rules visit www.nrc.govt.nz/backyardburning

To report concerns about backyard burn-offs, call council’s 24/7 incident hotline 0800 504 639.