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Home / New Zealand

Hawke’s Bay fires: Penalty of fine criticised as ‘economic incentive to burn’

Linda Hall
By Linda Hall
LDR reporter - Hawke's Bay·Hawkes Bay Today·
12 Aug, 2025 03:00 AM4 mins to read

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Smoke from fires burning in the Longlands area, near Hastings, on July 27. Photo / Rex Graham

Smoke from fires burning in the Longlands area, near Hastings, on July 27. Photo / Rex Graham

A fine given to a person for starting a smoky burnoff near Hastings is being described by an advocate as giving them “an economic licence to burn”.

The fire in the Longlands area on July 27 was judged to have been a breach of Hawke’s Bay Regional Council airshed rules and led to a $300 fine.

On the same day, a National Environmental Standard air pollution breach was recorded in Hastings, of 51 micrograms of particulate matter per cubic metre. The limit is 50 micrograms.

Former Hawke’s Bay Regional Council (HBRC) chairman Rex Graham, Graham, who regularly sends photos to the regional council, captured an image of smoke drifting across Longlands and said it was one of the worst he’d seen.

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“$300 is not a deterrent. It’s actually an economic incentive to burn,” Graham said.

“I rang the Pollution hotline. This was one of the worst examples of air pollution that I have seen this year, which is saying something considering the extent of this activity,” Graham said.

“This fire was in blatant disregard and abuse of our community’s air quality and the law.

“The smoke was drifting towards Hastings, completely covering the entire region between Railway Rd and Havelock North,” Graham said.

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“It was difficult to drive on Riverslea Rd heading back into Hastings due to limited visibility.”

HBRC said its pollution response team investigated a complaint regarding smoke in the Longlands Rd area on July 27.

“As a result of that investigation, enforcement action has been taken and a $300 fine issued.”

HBRC compliance manager Matt Wilkinson said it was frustrating that the council’s ability to deter this behaviour was constrained by the fines set at a national level.

“But we acknowledge the changes made by the Government, coming into effect in September, which lifts the infringement fines to $600 for individuals or $1200 for companies as a move in the right direction of discouraging burning in or near airsheds.”

Graham said those planned increases were not high enough and would still encourage fires to save money.

Air pollution records published in Hawke’s Bay Today on Friday, August 8, show the National Environment Standard air quality was also exceeded in Hastings on July 26 (54 micrograms).

In a 12-month period in 2023-24, HBRC received about 80 complaints of burning during winter. More than 70 infringement fines were issued.

Orchard burnoffs are allowed under the Regional Air Quality rules, but they must meet specific conditions.

Christian Jirkowsky, who moved from Austria to Hawke’s Bay in 2007 and has more than 30 years’ experience in the power and heat generation sector, where wood, biomass, and fossil fuels are used for energy production, said it was widely acknowledged and scientifically proven that even brief exposure to fine particles (PM 2.5 and PM1) and aerosols emitted from open wood burning increases the risk of non-accidental and respiratory-related fatalities.

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“This is why most developed countries have banned open burning and apply severe consequences for violations,” he said.

“Wood smoke exposure induces airway irritation, causes lung damage, and substantially increases the likelihood of developing asthma, chronic obstructive pulmonary disease [COPD], and heart attacks,” Jirkowsky said.

What is an airshed?

An airshed is a legally designated air-quality management area. In New Zealand, regional councils and unitary authorities have identified areas to be managed as airsheds for the national environmental standards for air quality.

The majority of airsheds may have levels of pollutants that exceed the national environmental standards for air quality. Some airsheds are also identified based on factors such as:

  • the number of people living in the airshed now or in the future
  • unique weather patterns and geography
  • local air emissions, such as local industrial activity, which need to be specifically considered and managed. 

Why do we have airsheds?

HBRC says airshed rules exist because smoke from backyard fires in urban areas, though they may seem minor, adds up quickly.

On cold, still days, the smoke lingers and affects air quality.

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“If everyone lit backyard fires, it would quickly become a serious pollution issue. These rules help protect our whānau and community from the harmful health effects of smoke, especially in winter when it gets trapped close to the ground.”

LDR is local body journalism co-funded by RNZ and NZ On Air.

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