Fears Rotorua Lakes Council would be "at grave risk of being seen as exercising an abuse of power" has seen councillors vote in favour of new homes having a choice in burners, instead of being limited to pellet burners.
The decision was made in today's council meeting, after much debate about the implications of limiting public choice for household burners in new builds.
Option 3A, put to councillors as part of the air quality bylaw review, originally suggested restricting the installation of burners in new builds to pellet burners.
However councillor Rob Kent made the motion to change the option to include all compliant burners.
"The issue we have here is if we try to confine compliant burners to one type of burner, excluding other burners where there are many that will comply with the bylaw, we are at grave risk of being seen as exercising an abuse of power."
Councillor Merepeka Raukawa-Tait agreed with Mr Kent.
"I actually think it would be a misuse of our position as a council in steering homeowners to go down a certain track. I don't think that's our job.
"We've heard there are wood burners that comply, but there is an authority that thinks they don't comply - well they have to comply. They're certified and they meet compliance, so I will be supporting this amendment."
However other councillors were unconvinced.
Karen Hunt argued the restriction was for the health and wellbeing of the wider community.
"For me the concerns are the airshed for the whole community ... There are so many options for heating a new home and many new homes that do put a fire in barely turn them on.
"We're not talking about those in the poorer suburbs, or those who are unable to get firewood, or those who have an old burner ... this is for a brand new home and yes we are limiting an individual's choice ... because the collective good of our airshed is what this bylaw is about."
In the end it was a close vote with six councillors in favour, and four against, carrying the motion.
The other points within the Rotorua Air Quality Control Bylaw 2017, passed by councillors, included the continued removal of non-complying burners and replacement with compliant solid fuel burners and allowing no replacement solid fuel burners for indoor open fires.
Other recommendations passed in today's meeting were retaining the First Past the Post system for the next two local elections and the establishment of a co-governance arrangement for the Tokorangi Forest.
Councillors also endorsed the nominations of Bruce Horne and Marcus Goldsbury to be appointed as alternate controllers for Civil Defence Emergency Management