Campfire question: To burn or not to burn

After a day’s trout fishing, Alan Simmons poured a cider and sat by a campfire. It was a decision that would land him before the courts, facing a jail term.

Simmons, 68, leader of the Outdoors Party, has slammed the Department of Conservation for its decision to prosecute, saying it has ‘‘lost touch’’ and has ‘‘crazy’’ rules.

He believes DoC went after him rather than his friend because he has been critical of its policies. But DoC says it has dropped the charges and would have done so earlier if Simmons had cooperated.

In February, Simmons and Peter Hart, visiting from Australia, went fishing in the Kaweka Forest Park in Hawke’s Bay and set up camp in a small clearing near the Kuripapango campsite.

In a statement later provided to DoC, Hart said he’d fallen into the Ngaruroro River, was saturated and cold, and decided to light a campfire that had already been set by previous campers in a clearing. Simmons, who was not present when he lit the fire, said it had been raining and the fire risk in the area was moderate.

The pair were approached by a forestry worker who keeps tabs on the area for DoC, and were advised there was a total fire ban.

Simmons allegedly said ‘‘f... the fire signs’’ but denied being abusive: ‘‘I said ‘hunters and fishermen have been having campfires by the river and the bush forever’.’’

He said the worker left after being reassured they would make sure the fire was extinguished.

I had lawyers, police sergeants, police prosecutors all wanting to join my team and crowd fund me to fight them. Alan Simmons

A few months later he received a summons saying he was charged with setting vegetation on fire in a restricted fire area without a permit, an offence that carries a twomonth jail term.

Simmons runs the Fish n Hunt website and said the prosecution outraged many of its members.

‘‘I had lawyers, police sergeants, police prosecutors all wanting to join my team and crowd fund me to fight them. There is a bigger issue here. What happens if you’re dying of hypothermia – can’t you even light a fire now?’’

The case meandered through the courts until a couple of days before Christmas, when DoC quietly withdrew the charge. Its senior ranger, Malcolm Lock, said Simmons had refused to give the name of his companion and it had taken a while to track him down.

Since Hart admitted lighting the fire, the charge against Simmons was dropped. Hart received a formal warning.

Lock was scathing of the way Simmons handled the matter. ‘‘There is no excuse for his behaviour or his selfish behaviour. Fire bans are only imposed for very good reasons to protect the environment.’’

Lock said the area was under a total fire ban and there were signs clearly stating that.

In November, 2015 a campfire near Kuripapango got out of control and caused $25,000 damage. Lock said over last summer, there were 18 illegal campfires at Kuripapango but he was unable to say if anyone other than Simmons had been prosecuted.