Module 2: Check

Burn planning and preparation

Module Objective: To be aware of any rules or restrictions before you light a match

The first stage is to check and comply with the legal and administrative requirements of where you want to burn. Before you light a fire in the open air, you must:

Check the fire season status and any permit requirements

1. What is the current fire season status (open, restricted, total fire ban (prohibited)?
2. Whether you need a fire permit.

Self-Check: the fire season status and permitting requirements in your region using the checkitsalright.nz website.

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Check with your local and regional councils about any other rules or restrictions.

These could include:

1. Resource consents for discharge to air and emissions or clearing of vegetation
2. Smoke management plans (examples ????)
3. Traffic management plan approval if your fire is likely to create a smoke hazard for public road users, including setting out warning signs on the day of the burn
4. Any other relevant bylaws (such as????) near waterways? Adjacent to DOC land? Wildlife permits? Timing (night/day)? CAA?

Prepare the plans and apply for any consents or other authorisations that are required

Self-Check: Additional regulatory requirements

• Are you aware of any district and regional council’s regulatory requirements that may apply to your situation? (where do they go to find this out? Ask FENZ or directly to council)

Activity: List any legal requirements that might apply and what you must do to comply

Check with your insurance company exactly what your insurance covers.

Always mention the intention to conduct prescribed burns when applying for a new policy.

1. Insurance for loss and replacement of your property from fire
2. Public liability insurance. To cover the cost of damage and loss to a third party from any fire that escapes from your property and damages your neighbour’s property

Self-Check: do you know what insurance cover you have for the following:

NOTE: Landowners who damage the electrical system during field burns will be billed for repairs. Insurance may cover this cost.

Care in planning and executing a burn are your best defence against lawsuits. Have insurance, but do your best to avoid having to use it.

It’s the policy holder’s responsibility to ask the questions needed to make good insurance decisions. If there is any doubt, ask the question and get an answer in writing. An email is considered writing for this purpose but be sure to print it out and save it with the policy. Keep documentation with the burn plan and keep it until beyond the statute of limitations.

The need for a written prescribed burning plan, documentation of deviations from the plan, and good judgment cannot be overemphasized. Erroneous forecasts, unforeseen local influences, and accidents occur despite our best efforts to prevent them. Proper documentation will help establish that the prescribed fire was conducted in a prudent and professional manner. If a prescribed fire results in damage or bodily harm and you cut corners, neglected any mandatory requirements, or acted with disregard to the welfare of others, you are likely to be held responsible, regardless of whether compliance would have changed the outcome.

Activity
Never assume an insurance policy provides prescribed burning coverage.
Questions to ask your Insurer:

1. Will my current insurance cover me if my prescribed burn escapes?
2. What is covered if a prescribed burn escapes?
   1. Damage to my property
   2. Damage to my neighbours’ property
   3. Damage from smoke
   4. Harm to my staff

Learning Outcome

Knowing your responsibilities and liabilities before conducting a prescribed burn