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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Regulations

190: Regulations relating to permits for fires in open air

You could also call this:

"Rules for Getting a Permit to Light a Fire Outdoors"

Illustration for Fire and Emergency New Zealand Act 2017

The Governor-General can make rules about permits for lighting fires in open air. You need a permit if you want to light a fire that is normally not allowed under Part 2. The rules can say how to apply for a permit and what conditions you must follow. The Minister must get advice from Fire and Emergency New Zealand before making any rules. Different rules can apply to different types of permits or people. Fire and Emergency New Zealand can ask you for more information before deciding whether to give you a permit. There are some situations where Fire and Emergency New Zealand cannot give you a permit, unless it is an emergency or to prevent a hazard to life. You can find more information about this in section 53 and section 57. A permit is only valid for five years, unless the rules say it expires sooner. If you have a permit, you are still responsible for any damage you cause. Fire and Emergency New Zealand is not responsible for anything that happens because they gave you a permit. You can learn more about the rules for permits in the Legislation Act 2019, Part 3.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6712735.

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Part 4Miscellaneous and enforcement provisions
Regulations

190Regulations relating to permits for fires in open air

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations relating to the grant of permits by FENZ to allow for the lighting of fires in open air that would otherwise be prohibited under Part 2.

  2. Regulations made under subsection (1) may be made for 1 or more of the following purposes:

  3. providing for the application for permits and for the grant, renewal, variation, cancellation, surrender, and expiry of permits:
    1. prescribing conditions that attach to every permit, or to every permit of a particular type:
      1. prescribing conditions or the type of conditions that FENZ may attach to a permit or to a type of permit:
        1. prescribing the circumstances in which permits or a type of permit may or may not be granted.

          1. The Minister must not make any recommendation under subsection (1) unless the Minister has received a recommendation from FENZ.

          2. In addition to the matters referred to in section 187(2), different regulations may be made under this section to apply in respect of different types of permits or permit holders.

          3. FENZ may require a person who has applied for a permit to supply further relevant information before determining whether or not to grant the permit.

          4. Regulations made under this section must not permit FENZ to grant a permit for the purposes of—

          5. section 53, unless FENZ considers that the permit is necessary to prevent, reduce, or overcome any hazard to life or because of any other serious emergency; or
            1. section 57, unless—
              1. FENZ considers that the permit is necessary to prevent, reduce, or overcome any hazard to life or because of any other serious emergency; or
                1. weather or other conditions have temporarily reduced the fire hazard so as to make it apparently safe to light a fire.

                2. A permit granted under regulations made under this section expires 5 years after the date on which the permit was issued (unless the permit or the regulations provide for the permit to expire sooner).

                3. The grant of a permit under regulations made under this section does not—

                4. relieve the permit holder from liability for any actionable damage sustained by any other person as a consequence of any act, matter, or thing done by the permit holder under the permit; or
                  1. impose on FENZ any liability because of the grant of the permit.

                    1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes
                    • Section 190(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).