In May 2021 we asked for feedback on open air burning in Hamilton Kirikiriroa and invited Hamiltonians to share their thoughts on a proposal to revoke the existing Open Air Burning Bylaw 2015.
After a comprehensive review, Council recognised that it was no longer fit for purpose it and was no longer required. This was because the rules covered in the Bylaw are now better addressed by other regulations and certain fire control responsibilities have transferred from Hamilton City Council to the new Fire and Emergency New Zealand organisation (FENZ).
We received 31 responses on our proposal, with a variety of different feedback points. Submitter views were evenly spread between the two options, with 45% supporting the revocation of the bylaw (14 submitters) and 55% preferring to retain the Bylaw (17 submitters).
The 14 submitters in favour of revoking the Bylaw supported reducing unnecessary regulation, and noted that Council waste services are sufficient to manage waste without needing to burn rubbish.
Of the 17 submitters who supported keeping the bylaw, nine submitters made comments in their submission – including eight who misinterpreted the impact of the Bylaw itself. This included misunderstanding which regulations manage the burning of rubbish and concern that revoking the Bylaw would mean Council wouldn’t respond to outdoor burning causing a nuisance. Some submitters also misinterpreted that the change would mean traditional open air cooking/braziers will be banned.
Feedback was discussed at the Community Committee meeting on 26 August and Council staff recommend revoking the Open Air Burning Bylaw because the Open Air Burning Bylaw is no longer the most effective means to manage open air burning in Hamilton.
Council took submitters feedback into account and made the decision to revoke the Bylaw. Changes come into effect on 30 September 2021.
This means that from 5 October 2021, complaints about open air burning in the city will be responded to as usual, but if enforcement action is required, it will be taken under the Waste Management and Minimisation Bylaw.
Council is also working to provide better resources to ensure there are no major misunderstandings when it comes to reporting fires and open air burning in Hamilton.
Information on managing open air fires can be found here.
View submitted responses where consent has been given to publish the response.
Hamilton City Council (the Council) is seeking feedback on the review of the Open Air Burning Bylaw 2015 as recent legislative and regulatory changes means it is no longer the best way to manage open air burning.
We're proposing to revoke the Hamilton City Council Open Air Burning Bylaw 2015
Open Air Burning Bylaw 2015
The Bylaw was first adopted in 2015 and, as per the Local Government Act 2002 requirements, the Council is required to review the Bylaw after 5 years. The Bylaw does not apply to indoor fires such as wood burners.
In March 2021, the Council determined that a bylaw is not the most appropriate means of controlling the issue of open air burning in Hamilton, as required by section 155(1) of the Local Government Act 2002.
Proposed Changes
We're is seeking feedback on the review of the Open Air Burning Bylaw 2015 from 1 May – 31 May 2021.
Council is proposing to revoke the bylaw due to changes in legislation and regulation which take precedence over the bylaw. These include:
| Legislation / Regulation / Bylaw | Summary |
|---|---|
| Fire and Emergency New Zealand Act 2017 (FENZ Act) | Primarily related to preventing or controlling fires in emergency situations. A person who has notice that the lighting of fires in open air in an area is prohibited must not light or allow another person to light a fire in open air in that area unless a permit is granted under regulations made under section 190 of the FENZ Act. |
| Waikato Regional Plan | Primarily related to preventing or controlling fires where there may be discharge of contaminants into air and any subsequent discharge of contaminants onto land. The Regional Plan prohibits the burning of a range of hazardous materials and states: • There shall be no discharge of contaminants beyond the boundary of the subject property that has adverse effects on human health, or the health of flora and fauna. • The discharge shall not result in odour that is objectionable to the extent that it causes an adverse effect at or beyond the boundary of the subject property. • There shall be no discharge of particulate matter that is objectionable to the extent that it causes an adverse effect at or beyond the boundary of the subject property. • The discharge shall not significantly impair visibility beyond the boundary of the subject property. • The discharge shall not cause accelerated corrosion or accelerated deterioration to structures beyond the boundary of the subject property. |
| Hamilton Waste Management and Minimisation Bylaw 2019 | Prohibits any person from burning or allowing to be burnt on any property they own, occupy or manage any waste except organic matter. |
| Health Act | Primarily related to preventing or controlling fires where there is a statutory nuisance creating a public health issue. |
| Open Air Burning Bylaw 2015 (current bylaw) | The existing Open Air Burning Bylaw sets out conditions under which outdoor fires may not be lit. This is to ensure a fire does not become a safety hazard or a nuisance. Some of these conditions have been superseded by the FENZ Act and the Waste Management and Minimisation Bylaw 2019. Conditions set out in the existing Bylaw state: A person must not light any fire at any time in the open air, or within a barbecue, brazier or incinerator, or burn a traditional cooking fire under the following conditions: a) Where the location, wind, or other conditions cause or are likely to cause the fire to become: I. A danger to any person or property; or II. Out of control or spread beyond the boundaries of the premises on which it is lit; or III. A nuisance beyond the boundaries of the premises on which it is lit; or to:‐ Deposit ash or other debris beyond the boundaries of the premises on which it is lit. |
Options
The Council wants to consult on its intention to revoke the Bylaw. If you do not think the Bylaw should be revoked, then the Council would like to know why. Tell us your views either way.
There are two options to consider:
Next Steps
Staff will collect and analyse all feedback at the close of the submission period.
The analysis of this feedback will be presented to the 28 July 2021 meeting of the Hearings and Engagement Committee. At this meeting, submitters who want to speak in support of their written submission will be able to do so.
The Council will then consider all the views and make a decision on the Bylaw.
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