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Reserves Act 1977

Miscellaneous provisions - Offences

97: Damage by fire

You could also call this:

"Don't light fires on reserves without permission or you might have to pay for the damage"

Illustration for Reserves Act 1977

If you light a fire on land without permission from the Minister, Commissioner, or administering body, you can get in trouble. This includes lighting a fire on a public road, highway, or foreshore that spreads and damages a reserve. You can also get in trouble if you are renting or using land in a reserve and you light a fire that damages the reserve.

If you do something wrong, you will have to pay for the damage you caused and the cost of putting out the fire. A District Court Judge will decide how much you have to pay. You will have to pay this money like you would pay a fine.

You might have to pay for things like investigating how the fire started. This is all part of what you have to do if you break the rules about fires on reserves, as stated in the Reserves Act 1977 and amended by the Criminal Procedure Act 2011 and the District Courts Amendment Act 1979.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444999.

Topics:
Environment and resources > ConservationEnvironment and resources > Land useHousing and property > Land use
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Part 5Miscellaneous provisions
Offences

97Damage by fire

  1. Every person commits an offence against this Act who, without being authorised (the proof of which shall be on the person charged) by the Minister, or the Commissioner, or the administering body, as the case may require,—

  2. lights on any land (including the foreshore, a public road, or a highway), or permits to be lighted thereon, a fire which spreads into and destroys any bush or natural growth on or damages the reserve in any way; or
    1. being the lessee or licensee of any land in a reserve, lights or permits to be lighted on that land a fire which destroys any bush or natural growth on or damages the reserve in any way.

      1. Every person who commits an offence against this section shall, in addition to the penalty for the offence, pay for all damage done and for the cost of extinguishing the fire and expenses incurred in investigating the origin of the fire. That damage or cost shall be assessed by a District Court Judge, and shall be recoverable in like manner as a fine.

      Compare
      • 1953 No 69 s 85
      Notes
      • Section 97(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
      • Section 97(2): amended, on , pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).