Prevention of Nuisance from Fires and Smoke Bylaw Review and Proposed Updates

Council is reviewing its Prevention of Nuisance from Fires and Smoke Bylaw, and we need your feedback.
This review is required under the Local Government Act 2002, and we’re also proposing two updates to make the bylaw clearer and more transparent.

Your views will help Council decide whether to keep the bylaw and adopt the proposed updates.

Consultation is open 22 October – 27 November 2025 (5pm)

Why We Have a Fire and Smoke Nuisance Bylaw

This bylaw protects the public from the nuisance caused by smoke, noxious fumes, or uncontrolled fires – except for fire safety issues, which are managed by Fire and Emergency New Zealand (FENZ) under the Fire and Emergency New Zealand Act 2017.

The bylaw:

• Prohibits fires, smoke, or fumes that create a nuisance, health risk, or safety risk to any person or property (excluding fire safety issues covered by FENZ).
• Allows Council officers to take reasonable steps to abate (reduce or stop) the nuisance – including requiring a fire to be extinguished.
• Allows Council to recover costs if it must take action.

This approach is more practical than relying on voluntary compliance or going through the District Court under the Health Act 1956. It also provides officers with the tools to respond quickly and maintain community safety.

What the Bylaw Does

The bylaw makes it an offence to:

• Light or allow to remain lit a fire that creates a nuisance, health risk, or safety risk to any person or property.
• Allow smoke, noxious fumes, or other matter to be emitted in a way that creates a nuisance, health risk, or safety risk.

If required, authorised officers can:

• Direct a property owner to extinguish a fire.
• Enter property without notice if immediate action is needed (under the Health Act 1956).
• Take reasonable steps to stop or remove the nuisance.

Serious fire safety risks are referred to Fire and Emergency New Zealand; environmental pollution risks are referred to Greater Wellington Regional Council.

How the Bylaw Has Worked So Far

• 235 fire and smoke nuisance requests were made to Council between June 2019 and April 2025.
• Most complaints were resolved with warnings and voluntary extinguishing of fires.
• From September 2023 to April 2025 (89 complaints):
  – 55% were about burning rubbish or toxic materials.
  – 20% were about outdoor fires or bonfires.
  – 12% were general concerns about smoke or fire.

Officers have not yet needed to extinguish fires forcibly, as people have complied when asked.

Proposed Updates to the Bylaw

The bylaw is fit for purpose and remains the most appropriate way to deal with nuisance from smoke and fire.
We’re proposing two small updates to make it clearer and more transparent (these do not create new rules):

1. Full definition of “nuisance”
   Currently, the bylaw only refers to the Health Act 1956.
   We propose to include the full text of section 29(m) and (n) so the public can see exactly how “nuisance” is defined.
2. Add a Penalties section (Section 6)
   Council already has the power to impose penalties for breaches, but we propose to add a dedicated section so the public clearly understands the potential fines and enforcement powers.

These changes bring the bylaw in line with Council’s Public Places Bylaw 2005 and increase transparency.

For information on how to have your say and how to make a submission, please view: https://letskorero.upperhutt.govt.nz/prevention-of-nuisance-from-fires-and-smoke-bylaw

Source: Upper Hutt City Council / A “thank you” to NZ Empowered (nzempowered.com) for requesting that this article be put up on The Upper Hutt Connection.

23/10/25