Rural Fire
Can I light an open fire in Ōpōtiki if there is another dwelling within 100m?
No. Bay of Plenty Regional Council does not allow properties, urban or rural, to light a fire within 100m of a neighbouring dwelling house.
Are there exceptions?
Recreational or cultural fires will still be allowed, for example braziers, BBQs, pizza ovens, smokers and hangi, provided offensive or dangerous discharges are minimised. For rural production land, you can apply for resource consent through Bay of Plenty Regional Council to burn vegetative material within 100m of another dwelling house.
Full details are available in their Essential Rules for Backyard Burning guide (PDF, 235KB)
Do I need a permit to light a fire in Opotiki?
Open air fires are managed by Fire and Emergency New Zealand. Before lighting a fire go to checkitsalright.nz to see if you can light a fire and if you need a permit you can link from there to the permit application site.
What is the current fire season in Opotiki District?
You can read more about fire seasons and check to see if it is ok to light at checkitsalright.nz. When you start your application and enter the address of your proposed fire the system will tell you what the current fire season is and if you require a permit.
If I have a permit am I responsible if my fire gets out of control?
Yes. Even if you have a permit you are still responsible for a fire that spreads and causes damage. A fire permit is not a legal defence against claims for damage caused by a fire.
If you start a fire that gets out of control and damages someone else's property, you're responsible for the cost of repairing any damage.
Reporting dangerous fires - If you see smoke or fire and you think it looks threatening, dial 111 for the fire service.
What are the conditions for granting a fire permit?
The decision as to whether or not a permit is required or will be issued lays with Fire and Emergency NZ. You can read more about fire permits on the Fire and Emergency NZ website.
No matter what the fire season is, you still need to comply with any council bylaws and regional council requirements relating to smoke nuisance and discharges to the air, even if you are issued with a fire permit from Fire and Emergency NZ.
Full details are available in their Essential Rules for Backyard Burning guide (PDF, 235KB)
What should I consider before lighting my fire?
Before lighting any fire always consider your neighbours and check the current weather conditions.
Do not create:
- Air and environmental pollution
- Smoke hazards
- Ash or odour nuisance
- Potential fire hazards.
Instead of burning:
- Use the local Resource Recovery Centres at Opotiki, Te Kaha and Waihau Bay
- Use Council's recycling collection service in the urban area of Opotiki
- Mulch or compost waste vegetation
- Deliver recyclable items and materials to the Resource Recovery Centres.
Are there special requirements for land clearing?
View the Fire as a Land Management Tool page on the Fire and Emergency NZwebsite for full details. For rural production land, you can apply to Bay of Plenty Regional Council for resource consent to burn vegetative material within 100m of another dwelling house.
Does a Fire and Emergency NZ Fire Officer have the right to extinguish my fire?
Yes. If a fire is unauthorised and is a threat to life and property Fire and Emergency NZ are authorised to extinguish any open air fire.
What happens if I light a fire without a fire permit during a restricted or prohibited season?
It is an offence under the Fire and Emergency New Zealand Act 2017 to knowingly or recklessly light a fire in open air without a fire permit (if one is required - checkitsalright.nz) or a prohibited season has been declared or if a prohibition on the lighting of fires in open air is in place in an area.
If convicted of an offence, an individual could face up to 2 years in prison or a fine not exceeding $300,000, or both; in any other case the fine could be up to $600,000.
