Fire ban bylaw an ‘erosion of rights’

A new bylaw giving the city council and the Fire Service powers to declare a fire ban in Hamilton during dry spells will come into force this week.

But already one city leader has labelled the bylaw an erosion of individual’s property rights and said it threatened the time-honoured tradition of the backyard barbecue.

City councillors this week adopted an open-air burning bylaw following a round of public consultation last year.

The bylaw also gives firefighters the ability to put out nuisance fires.

Without the bylaw the council and Fire Service have been unable to declare a fire ban during extended dry periods or require nuisance fires to be put out.

Hamilton is the only city in New Zealand unable to declare a fire ban.

The Fire Service responds to about 140 calls a year relating to nuisance fires in Hamilton, at a cost of almost $48,000.

The bylaw will come into force on March 5.

Councillor Andrew King, a persistent critic of the proposed bylaw, said claims that the document was motivated by safety concerns was incorrect.

Time-honoured traditions such as the backyard barbecue could be threatened by the bylaw, he said.

‘‘A neighbour could ring the New Zealand Fire Service if there was smoke or odour from a barbecue, brazier or traditional cooking fire.

‘‘If they [fire service] felt there was an issue they would ask you to put the fire out. If you didn’t you would be liable for prosecution and if convicted up to a $20,000 fine,’’ King said.

He said the bylaw gave third parties the right to enter private property uninvited.

aaron.leaman@fairfaxmedia.co.nz