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Home / Rotorua Daily Post

Council ruling on smoky fires has couple fuming

By <b>CHRIS BRAMWELL</b>
Rotorua Daily Post·
29 Nov, 2004 01:50 AM4 mins to read

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A crackdown on smoky fires has Taupo residents fearing they could be in for a very cold winter.
A Turangi couple has been ordered to remove their wood-burning fire after a neighbour complained the smoke was affecting his health.
The Taupo District Council has given the couple four months to remove
their wood burner and says it will take them to court if they don't.
And it is understood the Turangi case is not the only one of its kind in the area. Environment Waikato is also believed to investigating a case of smoke causing a "nuisance" in Taupo.
The outcome could be precedent-setting as new environmental standards prompt tougher restrictions on emissions affecting air quality.
Lyn Paton and Martin Wykes received a letter from the council last week informing them that the smoke was causing a "nuisance" under the Health Act.
"[The council] have provided no documentation to show that [the smoke] is causing the complainant any damage to his health. We have had no proof from them, we have just ended up with this letter," Ms Paton said.
"We had someone from the council come out last winter, and someone else from Environment Waikato, who both said the chimney was fine.
"Then this new guy from the council came to see us in August, asking about what type of wood we burnt etcetera and we received no further correspondence until last week."
The couple's home is a log cabin so it cannot be insulated. Ms Paton said finding alternative heating would be very expensive.
She was also concerned the case could prompt similar complaints and that many people in the area, particularly the elderly, would not be able to afford to heat their houses in winter if they could not have wood-burning fires.
The council has invited the couple to write a letter stating their case but said it would take them to court if they continued to use their wood burner.
"At this stage I think we might be looking at going to court," Ms Paton said. "It is almost damn near impossible to prove that chimney smoke is damaging to health."
The man who complained to the council refused to talk to The Daily Post.
Taupo District Council environmental health officer Shane Hancock said both he and the man had made observations and taken video footage of the smoke, and believed that to be enough to show it was a problem.
"You couldn't get proof [of the smoke being damaging to health]. There is no lower level where smoke is safe; we can't measure it and say it is above or below this level," Mr Hancock said.
He said court action was an option and believed the case would set a precedent for the particular section of the Health Act the Taupo council had cited.
Under new environmental restrictions, emissions affecting air quality would be much tighter.
"You can see in Christchurch that what was acceptable is no longer acceptable and when you have a specific situation like this, it is very much unacceptable," he said.
Taupo district councillor for Turangi, Don Ormsby, said the council was prepared to work with the couple.
"At the end of the day, the way the fire and the chimney is situated it is breaking the Health Act and it is a nuisance, so something has to be done about it and if we can assist then we will definitely be trying to do so," he said.
Brian and Barbara Devoy, who live a few houses down the road, say the smoke is no problem at all and they use their own fire frequently during winter.
"It is freezing here in winter, you have to have a fire. I would never begrudge anyone a fire - it is cheaper and nicer than electrical heating and really, there is hardly a pollution problem here," Mrs Devoy said.
Her neighbour Bev Nisbet uses her "chippie" all year round to heat her hot water. "As far as I am aware there is no pollution problem here. To heat my place with electricity would cost a fortune and to be honest, I just wouldn't be able to afford it," Mrs Nisbet said.

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