Is Open Burning Legal in New Zealand After the 2026 Law Changes?

It is strictly regulated.

Open burning in New Zealand is permitted only under stringent conditions, primarily governed by the Resource Management Act 1991 (RMA) and regional air quality plans. The National Environmental Standards for Air Quality (NESAQ) prohibits burning materials that emit harmful pollutants, with local councils enforcing additional bylaws. Violations risk fines up to $20,000 under the RMA, while persistent offenders may face prosecution. The 2026 Emissions Reduction Plan tightens restrictions, particularly in urban areas, to align with WHO air quality guidelines.


Key Regulations for Open Burning in New Zealand

  • Prohibited Materials: Burning tyres, treated timber, plastics, or agricultural waste is illegal under NESAQ, as these emit toxic dioxins and particulate matter (PM2.5). Only untreated wood or vegetation may be burned, subject to regional approvals.

  • Regional Council Bylaws: Local authorities like Auckland Council or Environment Canterbury impose seasonal bans (e.g., summer fire danger periods) and require permits for controlled burns. Auckland’s Clean Air Bylaw 2023 mandates a $50 permit fee for residential burns.

  • Air Quality Zones: Burning is restricted in Clean Air Zones (e.g., parts of Wellington) where even wood smoke is deemed hazardous. The 2026 plan expands these zones, banning all open burning in designated areas unless exempted for emergency or cultural purposes.