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Question Details: My fireplace was legally installed in 1992 and has building consent. The model is not on the list of current clean-air compliant models. Our model is exactly the same as a subsequent model and has all of the same replacement parts. We are not able to prove its emissions, but likewise the council cannot prove it does not meet the emission standard. We know that it burns cleaner than our neighbours' approved clean-air model. Can the council ask us to remove it?
Filed under Property Law | 1619 View(s)
Community Law Wellington & Hutt Valley
The law in this area is unclear about local councils' powers. Read more here: www.mfe.govt.nz.
Local councils have powers under the Building Act 2004 to make you remove a fireplace that does not comply with the Building Act, but they do not have powers to make you comply with the emissions provisions of the Resource Management Act 1991 (RMA). Regional councils administer the emissions provisions of the RMA, which means that your regional council could make you remove your fireplace if it does not comply with the RMA. The Ministry for the Environment (MFE) has recommended that local councils discuss the issue of wood burners with regional councils and local councils are advised to note non-compliant fireplaces (or "wood burners") on building consents (see the link above).
The National Environmental Standard for wood burners does not apply if your property is more than 2 hectares or if your wood burner was installed prior to 1 September 2005. However, your regional council can set a higher standard than the National Standard, so you should check with your regional council. You can find your regional council on this list: www.lgnz.co.nz. There is a lot more information about wood burners on the MFE website at www.mfe.govt.nz.
If you have further questions, contact MFE at woodburners@mfe.govt.nz.
Answered 9 Sep 2013. The IMPORTANT NOTICE below is part of this answer.
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