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Fire and Emergency New Zealand Act 2017

Emergencies, fire control, industry brigades, water supply, and evacuation schemes - Operational functions, duties, and powers - Further provisions relating to fire control

61: Burning or smouldering substance in open air

You could also call this:

"Stop outdoor fires from causing harm"

Illustration for Fire and Emergency New Zealand Act 2017

If you cause or allow something to burn or smoulder in the open air, you must take steps to stop it from causing harm or damage. You have to do this as soon as you can after you find out about the fire. If you can take reasonable steps to reduce the risk of harm, you should do so and then tell Fire and Emergency New Zealand (FENZ) as soon as you can. If you can't take steps to reduce the risk, you must tell FENZ. You can be in trouble with the law if you don't follow these rules. The law says that "in open air" means somewhere other than in a fireplace that meets the requirements of the Building Act 2004 or in a place that is allowed by FENZ or by regulations. If you break the law, you could be fined or even go to prison. The fine can be up to $300,000 for an individual or up to $600,000 for other cases. You could also be sentenced to up to 2 years in prison, or both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888236.

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Part 2Emergencies, fire control, industry brigades, water supply, and evacuation schemes
Operational functions, duties, and powers: Further provisions relating to fire control

61Burning or smouldering substance in open air

  1. This section applies to a person who causes or allows a substance to burn or smoulder in open air and leaves the burning or smouldering substance in a way that increases the likelihood of harm or damage arising from the start or spread of fire.

  2. The person must, as soon as practicable after discovering the burning or smouldering substance or an ensuing fire,—

  3. if the person is able to take reasonable steps to reduce the likelihood of harm or damage arising from the start and spread of fire,—
    1. take those steps; and
      1. as soon as practicable after taking those steps, notify FENZ; or
      2. if the person is not able to take steps described in paragraph (a), notify FENZ.

        1. A person commits an offence if the person knowingly or recklessly contravenes subsection (2).

        2. A person who commits an offence under this section is liable on conviction,—

        3. in the case of an individual, to a term of imprisonment not exceeding 2 years or a fine not exceeding $300,000, or both; or
          1. in any other case, to a fine not exceeding $600,000.

            1. In this section, in open air means other than in—

            2. a fireplace that is located in a building or structure and that complies with any relevant requirement of the Building Act 2004 and the relevant district plan; or
              1. a place or thing, or a type of place or thing, that is—
                1. prescribed by regulations made under section 187; or
                  1. authorised by FENZ.

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                  Notes
                  • Section 61(5)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).