Bay of Plenty, Ngā Tai ki te Puku - Fire Plan for - Fire and Emergency New Zealand
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Document Title: Bay of Plenty Fire Plan – Draft for consultation Published: 23 April 2021 Document review date: June 2021 based on consultation feedback. Status of this document This document is issued by Fire and Emergency New Zealand. Recommendations for change The document, its content and specific processes are not to be altered except through Fire and Emergency New Zealand document management processes. Requests or recommendations for changes to this material should be sent to Region Manager, Ngā Tai ki te Puku. © 23 April 2021 Fire and Emergency New Zealand
Fire Plan for Bay of Plenty Table of contents Introduction ........................................................................................................................................................ 2 Required by legislation ..................................................................................................................................... 2 Content of the fire plans .................................................................................................................................. 2 Consultation ..................................................................................................................................................... 3 Key stakeholders ............................................................................................................................................ 3 Review and amendment................................................................................................................................... 3 Description of the fire plan area......................................................................................................................... 4 National Framework for Fire Control ................................................................................................................. 7 Our policies ....................................................................................................................................................... 7 Fire seasons ........................................................................................................................................................ 8 Trigger thresholds for changing fire seasons ................................................................................................... 9 Prohibiting fires in the open air (section 52) ...................................................................................................... 9 Trigger thresholds for prohibiting fires in the open air under section 52 ........................................................ 9 Restricting and prohibiting activities (section 52) ............................................................................................10 Trigger thresholds for restricting or prohibiting activities under section 52 .................................................10 Activities and risk mitigation ..........................................................................................................................10 Forestry operations ......................................................................................................................................11 Activities in rural areas .................................................................................................................................11 Hot works .....................................................................................................................................................11 Cultural cooking fires....................................................................................................................................12 Powerline auto-reclosures ...........................................................................................................................12 Communicating changes in fire seasons and restrictions or prohibitions .......................................................12 Fire permits.......................................................................................................................................................12 Council bylaws, regional plans, legal covenants or restrictions ...................................................................12 When a permit is needed .............................................................................................................................13 Fire types ......................................................................................................................................................13 Permits in prohibited fire seasons or during prohibitions under Section 52 ...............................................14 Fire breaks ........................................................................................................................................................14 Fire hazard removal ..........................................................................................................................................14 Reporting fire hazards ..................................................................................................................................15 Assessment of fire hazards ...........................................................................................................................15 Outcomes from the assessment...................................................................................................................15 Fire hazard removal notice (section 65) .......................................................................................................16 Imminent danger notice (section 68) ...........................................................................................................16 Compliance and enforcement ..........................................................................................................................16 Fire and Emergency’s role ..............................................................................................................................16 Contact us .........................................................................................................................................................17 Stakeholder contacts ......................................................................................................................................17 Appendix 1 – Schedule of stakeholders ...........................................................................................................18 National-level stakeholders ............................................................................................................................18 Area-level stakeholders ..................................................................................................................................20 23 April 2021 i
Fire Plan for Bay of Plenty Appendix 2 - Zone information.........................................................................................................................21 Bay of Plenty (BOP) Coastal Zone ...................................................................................................................21 Bay of Plenty (BOP) Lakes Forest Zone ...........................................................................................................29 Bay of Plenty (BOP) Hinterland Zone..............................................................................................................37 Public conservation land ................................................................................................................................44 Glossary of Terms .............................................................................................................................................46 23 April 2021 ii
Fire Plan for Bay of Plenty Document drafting information Owner Region Manager, Ngā Tai ki te Puku Steward District Manager, Bay of Plenty Last reviewed 23/04/2021 Review period Every three years Record of amendments Version Date Author Brief description of amendment V0.1 24/03/2021 Jeff Maunder Initial draft V0.2 1/4/2021 Lisa Warden and Technical writers review for national consistency Angel McSaveney Transferred to updated national template (technical writers) Returned for further work V0.3 19/4/2021 Dean Latus Second draft V0.4 23/4/2021 Angel McSaveney Reviewed and prepared for public consultation (Technical Writer) Document review and consultation Name Title Business Area Date [Date] Approval Approved and issued on [date]. Full Name: Title: Region Manager Date: Signature Add another block of other signatures as required 23 April 2021 1
Fire Plan for Bay of Plenty Introduction Required by legislation Fire plans are required by section 22 of the Fire and Emergency New Zealand Act 2017 and the Fire and Emergency New Zealand (Fire Plans) Regulations 2018. According to Regulation 5 of the Regulations, the purpose of a fire plan is to: provide transparency and predictability in relation to the use of Fire and Emergency’s fire control powers under sections 52 to 58 and 62 to 68 of the Fire and Emergency New Zealand Act 2017 in each local area; and ensure that the particular fire risk conditions in each local area are considered by Fire and Emergency when it establishes policies and procedures for, and exercises fire control powers within, that local area. This means that we must explain how we set locally-appropriate triggers for changing fire seasons for outdoor fires to require permits, or to prohibit fires and even restrict activities that may cause unwanted fires. This helps people to understand what to expect, how to plan for this and what they need to do to comply with any requirements. We need to take into account the local fire risk conditions, and not just apply a blanket standard across the country, as all of our areas have different levels of risk, so what may be appropriate for one area of the country may not be suitable somewhere else. Content of the fire plans Fire plans must: describe the particular fire risk conditions that exist or are likely to exist in the local area. This means that each fire plan is accurate and relevant for its area, and the fire plan can be broken down into specific zones within the area where fire risk conditions or control measures differ. set out the policy for fire control in the local area. This sets out when and why we restrict or prohibit fires in the outdoors, or restrict activities that may cause unwanted fires. set out the procedures to be followed for fire control in the local area, including details of the processes that Fire and Emergency will follow, and the factors that Fire and Emergency will consider, when deciding to: o issue notices of prohibitions or restrictions for fire control under section 52 of the Act o declare a prohibited or restricted fire season in relation to the local area, or a part of that area, under section 56 of the Act o issue notices in relation to firebreaks under section 62 of the Act o issue notices to remove or destroy vegetation or other things on land under section 65 of the Act. This means that our communities understand how we have come to those decisions, and that we can show that they are evidence-based decisions that don’t impact on recreational and economic activities unnecessarily. A fire plan must be consistent with: Fire and Emergency’s national strategy any local planning by Fire and Emergency in respect of the local area any current operational service agreement and memorandum of understanding that Fire and Emergency has with other agencies or people relevant to the local area any relevant Fire and Emergency policies. 23 April 2021 2
Fire Plan for Bay of Plenty A fire plan must cover the entire local area that it relates to, but we can break each area down into smaller zones to manage them individually. This ensures that each fire plan is relevant to everywhere within its area. Fire plans are not about how we fight fires in the local area, or the resources available to do so. This plan is about how, when and why Fire and Emergency will exercise its fire control powers to reduce the incidence of unwanted fires in the area. Consultation Before issuing a fire plan for a local area, or an amended fire plan, Fire and Emergency must: publish a notice that: o gives an overview of the content of the proposed plan o states where you can see and read a copy of the plan o specifies how you can make a submission on the plan and where to send your submissions o specifies the closing date and time for submissions consider every submission received by the closing date and time for submissions. This notice must be published in the Gazette, or in a newspaper circulating in the local area, or a website. Key stakeholders A list of those key stakeholder involved in the creation of the plan, its maintenance and relevant decision making is included as the stakeholder schedule in the appendices of the plan. Review and amendment Fire and Emergency may amend a fire plan at any time, but we must review the fire plan for each local area at least once every 3 years, or if there are significant changes to the boundaries of the local area. When we review the fire plan for a local area, we must confirm that the fire plan remains appropriate for that area; or amend the fire plan, as necessary, and consult on changes. 23 April 2021 3
Fire Plan for Bay of Plenty Description of the fire plan area Overview of whole area Geography This fire plan covers 2.35-million hectares, consisting of an estimated 0.80 million hectares of agricultural lands, 1.05 million hectares of conservation lands and 0.50 million hectares of commercial forestry. Major transport routes include State Highways 1, 2, 5, 29, 30, 32, 33, 36, 38, 41, 46 and 47, and rail links such as the main trunk line and the freight/log line between Murupara and Kawerau. The area is well serviced by electrical and natural gas supply lines, which originate from outside of the region. There are several areas of special note in terms of fire threat within the area. These include residential villages, ski resorts and other recreational areas, prisons, industrial sites, national parks, offshore island reserves and coastal areas, orchards and large pack houses, and transport and distribution networks. The Bay of Plenty fire plan covers the area bounded by the Kaimai and Mamaku Ranges in the west, the Huiarau and Raukūmara Ranges in the east, and by the Pacific Ocean to the north. The southern Local Advisory Committee (LAC) boundary is near Rangitaiki in Taupō District, and the area includes Te Urewera National Park. The Bay of Plenty area is geographically diverse. Volcanic landscapes dominate the area from Rotorua south towards Taupō, and heavily forested ranges cover a vast area in Te Urewera and Raukūmara Ranges. The coastal lowlands extend from Waihi Beach in the northwest to Waihau in the east. Large parts of the volcanic plateau are now covered by exotic pine plantations. The coastal strip supports a large dairying and horticulture industry. Demographics At Fire and Emergency New Zealand, we have an in-depth knowledge of the demographics for each of the communities we serve. These demographics help us to understand the type of support each of our communities might need and how we communicate with them. We use this knowledge in all aspects of our work, including our delivery of the 4Rs of emergency management and for fire control measures, such as declaring the beginning and end of fire seasons, prohibiting and restricting the use of fire, and issuing fire permits. The area has a high population density in the west and a low population density in the east. The area has a higher than average percentage of people over the age of 65, particularly in the Western Bay of Plenty. During the summer holiday period and especially during Christmas and the New Year the population swells with tourists due to the numerous beaches and warm climate. The area has a population of approximately 308,499 people. Age group % of population. Ethnicity % of population Under 15 21% European 74% 15–29 17% Māori 29% 30–64 43% Pacific Islands 4% 65+ 18% Asian 7% Other ethnicities 2% 23 April 2021 4
Fire Plan for Bay of Plenty Zones Because of the different fire risk conditions that exist in different parts of the fire plan area, the area is divided into a number of different fire season zones to allow for appropriate fire control measures to be applied locally: Bay of Plenty (BOP) Coastal Bay of Plenty (BOP) Lakes Forest Bay of Plenty (BOP) Hinterland Public conservation land Each zone is described and its relevant trigger thresholds and other factors for changing fire seasons are listed in the Appendices. New Zealand Fire and Emergency has entered into an operational service agreement with the New Defence Force Zealand Defence Force. The New Zealand Defence Force exercises fire control powers in relation to certain defence areas listed in a schedule to the agreement. None of the scheduled defence areas are in the Bay of Plenty local area. Any New Zealand Defence Force activities, including training activities, are subject to Fire and Emergency’s fire control powers, including fire permit requirements. Frequency of On average, this area experiences: elevated fire 22.6 days of very high to extreme fire danger (based on Scion fire danger climate danger data for seasonal severity) Fire history The known fire history for this area will be shown in the zone profiles in the appendices. 23 April 2021 5
Fire Plan for Bay of Plenty 23 April 2021 6
Fire Plan for Bay of Plenty National Framework for Fire Control The National Framework for Fire Control consists of policies, procedures and tools that enable Fire and Emergency to manage fires – using fires where appropriate and restricting or prohibiting them when there is a risk of unwanted fire. These all resolve in the Checkitsalright.nz website, the fire permit application system with additional information on our public webpage. Fire and Emergency has a number of statutory fire control powers that can be applied to help reduce risk, as follows: Setting fire seasons Prohibiting fire in open air or revoking the prohibition Prohibiting or restricting other activities or revoking the prohibition or restriction Fire permitting Control of fire breaks Fire hazard management Our policies The current internal-use policies and associated supporting processes that guide our decisions and actions are: Fire seasons, prohibitions and restrictions policy, relating to sections 52 to 58 of the Act and decisions to: declare or revoke a prohibited or restricted fire season prohibit fire in open air or revoke a prohibition prohibit or restrict activities that may cause a fire to start or spread and revoke prohibition or restriction. Fire permitting policy, supporting the policy above and also defining actions for: supporting a member of the public who is applying for a fire permit assessing a fire permit application granting or renewing a fire permit refusing to grant or renew a fire permit suspending or cancelling a fire permit operational decisions when responding to an alarm of fire in open air. Fire hazard removal policy, relating to sections 65 to 67 of the Act and decisions about what to do when: a potential fire hazard is reported to Fire and Emergency we are assessing a potential fire hazard we arrange for the removal or destruction of a confirmed fire hazard. Compliance and enforcement policy, covering how we monitor and take action to identify and influence landowners and others to comply with the requirements of the Act and other relevant legislation. This covers activities which: reduce harm from unwanted fire support the safe use of fire as a land management tool and reduce harm if fire escapes control minimise avoidance of the Fire Emergency levy reduce non-compliance with any legislation or regulations under which Fire and Emergency New Zealand has a compliance function. 23 April 2021 7
Fire Plan for Bay of Plenty Note: work is also under way to define policy and guidance for both internal and stakeholder audiences, covering: Fire breaks- relating to sections 62 to 64 of the Act to support decisions and actions relating to requirements for landholders to: make and clear any firebreak on the landholder’s land: remove any vegetation or other thing from an existing firebreak. Fire seasons Fire seasons are used to inform people about the requirements for or restrictions on lighting fires in the open air, and to limit the use of fire to protect communities from the consequences of unwanted fire. Fire and Emergency can declare or revoke a prohibited or restricted fire season in an area, and uses its Fire seasons, prohibitions and restrictions policy and associated processes to manage this. Fire seasons are applied to geographic zones based on: the fire environment (fuel types, curing, weather, topography, historic trends) fire climatic zones topographical boundaries/features (rivers, roads, coast lines, forest and national park boundaries). fire control considerations. One of three types of fire season is in force at any time in an area or zone: Open fire season Fires may be lit in open air, without restriction. Applies whenever there is not a prohibited or restricted fire season in place. Restricted fire Lighting a fire is riskier than usual. A fire permit is season required and may also have specific conditions to make sure fires can be safely lit and remain under control. Prohibited fire Lighting fires in the open air is not permitted. Existing season fire permits are suspended. However, fire permits may still be granted in exceptional circumstances (see Error! Reference source not found.). Changes to fire seasons are publically notified, including by publishing details on Fire and Emergency’s website and social media. It is important that stakeholders know what the current fire season is and understand how they can comply with the requirements. To see what the current fire season is within a local area (or zone within an area) go to checkitsalright.nz. 23 April 2021 8
Fire Plan for Bay of Plenty Trigger thresholds for changing fire seasons In consultation with stakeholders, Fire Weather System triggers have been set for declaring restricted and prohibited fire seasons within the fire plan area or fire permit zone within that area. The trigger thresholds identify when prevailing weather conditions create ongoing potential for problem fires. The trigger thresholds make use of: the Remote Automatic Weather Station (RAWS) climatology data for the fire plan area or zone. historical fire data for the fire plan area or zone. Other factors such as resource availability, other emergency events etc., may also feed into a decision to declare or revoke a fire season. Forecast weather trends must be taken into consideration when declaring a change in fire season. An upcoming rain event may defer a change in season, or forecast dry weather and strong winds may indicate a need to change season days before the trigger threshold would otherwise be reached. Prohibiting fires in the open air (section 52) There are times when Fire and Emergency may need to prohibit fires in the open air, outside of the usual fire season changes. This control is used in extreme circumstances, for example when: large or multiple incidents occur that put firefighting resources under strain, e.g. Port Hills fire extreme fire weather conditions occur during a restricted fire season, e.g. strong dry winds, high temperatures associated with very low humidity emergency events occur, e.g. the rupture of the Marsden Point fuel pipeline, increasing the fire hazard in a specific area. We can only prohibit fires in the open air when fire risk conditions exist or are likely to exist in the area, and the prohibition or restriction is necessary or desirable for fire control. Fire and Emergency may also prohibit fires in the open air while the Epidemic Preparedness (COVID-19) Notice 2020 is in force, without needing to consider fire risk conditions or other factors. This might happen if our response capabilities are affected by COVID, and we aren’t able to respond effectively if there is an unwanted fire. Trigger thresholds for prohibiting fires in the open air under section 52 In addition to the trigger thresholds for changing fire seasons, there will be days where we consider that fire danger conditions are very high or extreme. We will use forecast data including elevated temperatures, strong winds, low humidity, Fine Fuels Moisture Code (FFMC) to predict these events. We will communicate this to communities and stakeholders as per the stakeholder schedule. 23 April 2021 9
Fire Plan for Bay of Plenty Restricting and prohibiting activities (section 52) There are times when fire risk conditions are such that certain activities may cause a fire to start or spread. Examples of these activities include but are not limited to: roadside mowing cutting or welding operations that involve the use of portable gas, disc grinder or arc welding equipment that produces sparks, flames or heat, generally known as ‘hot works’ chainsaw thinning to waste/tree felling mowing, ploughing or harrowing fields use of fireworks. Section 52 of the Act allows us to prohibit or restrict one or more activities in an area or areas, when our assessment is that: the activity, (including access to an area) may cause a fire to start or spread and adequate controls are not available, fire risk conditions exist or are likely to exist in the area, the prohibition or restriction is necessary or desirable for fire control purposes, there’s an inability to adequately mitigate the assessed risk. Prohibition or restriction means: When an activity is… It means the activity… Prohibited must not be undertaken at all by any person while the prohibition is in effect (except if it is an excluded activity that relates to the carrying out of essential services in the area). Restricted can be undertaken subject to certain conditions, such as restrictions on: the times of the day the manner in which it is undertaken. If we have restricted or prohibited access to a location under Section 52, we can’t prevent someone who lives or works in the location from entering, nor prevent someone from carrying out essential services there. Trigger thresholds for restricting or prohibiting activities under section 52 In addition to the trigger thresholds for changing fire seasons, there will be days where we consider that fire danger conditions are very high or extreme. We will use forecast data including elevated temperatures, strong winds, low humidity, Fine Fuels Moisture Code (FFMC) to predict these events. We will communicate this to communities and stakeholders as per the stakeholder schedule. Activities and risk mitigation The following activities are known to have caused fires in this area under increased fire risk conditions. Guidance information for mitigating the risk from these activities is included where available. We will work with our communities to educate them about the safe use of fire in the outdoors, improve communication around changes in fire season status, and how to apply for a permit when needed. Further information about mitigating the risk of activities and other fire safety tips can be found on checkitsalright.nz. 23 April 2021 10
Fire Plan for Bay of Plenty Forestry operations Forest Fire Risk Management Guidelines contain advice on mitigating the risks, in relation to fire weather indices, and ongoing fire weather predictions for prolonged drought and extreme fire weather. When fire weather conditions require them, mitigations may include: Reducing working hours Starting operations earlier in the day Patrolling work sites for an hour after operations cease Having firefight equipment on hand with trained staff Chainsaw thinning to waste/tree felling Forest managers and Fire and Emergency will agree on thresholds for implementing mitigation options, such as: Starting the production day earlier (Summer Daylight Savings), with chainsaw operations beginning at first light. Working to early afternoon then patrolling for 1 hour after the last tree has been felled. Moving to forest blocks with a less extreme fire risk, and/or changing forest operation to non-chainsaw type work (regen pulling etc.) Activities in rural areas Controlled burning We have had a number of controlled burns on farms escape into neighbouring properties, so will work on educating our farming communities about safe burning in the outdoors, and ensuring permit conditions are met. Roadside mowing We are working with Rotorua Lakes Council on roadside mowing issues during days with elevated fire danger, and changing operations to suit conditions. Mowing, ploughing or harrowing fields We are establishing relationships with community groups to work with them and see how we can work together to get to know their business, and reduce the risk of fire from this activity on days with elevated fire danger. We will consult with local landowners on what mitigations they will apply during times of increased fire risk. We will advise of fire season changes via normal channels (Federated Farmers etc.) and suggest that operation cease until conditions are suitable. Hot works We will advise of fire season changes via normal channels and suggest operation cease until conditions are suitable. If any emergency works needed, they would use their own procedures and policies. We are working on: Educating companies that do hot works Using the Forest Fire Risk Management Guidelines as an educational tool Establishing relationships with these local companies Establishing working relationships with Federated Farmers, and local forestry companies. 23 April 2021 11
Fire Plan for Bay of Plenty Cultural cooking fires Cultural cooking fires have been known to escape during extreme fire risk conditions. Cultural cooking fires are allowed during prohibited fire seasons without a permit in most cases, so we will work with our communities to educate them about safe use of cultural fires. More information is available at https://checkitsalright.nz/reduce-your-risk/hangi-umu-and-lovo Powerline auto-reclosures We will work to identify areas of high risk and types of power lines that pose a significant risk, and work with the power authorities to mitigate the risk through vegetation removal or reduction. Communicating changes in fire seasons and restrictions or prohibitions It’s important that people planning to light fires in the open air know whether they can do so safely and legally, so they need to know what the current fire season is in the area, whether any other prohibition applies, and whether a permit is required. Fire season changes, and restrictions and prohibitions under section 52 of the Act, are publicly notified to our communities, stakeholders and partners in a number of ways. Modes of communication include, but are not limited to: Direct contact with our partners and stakeholders, including email Social media Email and text directly to permit holders Check It’s Alright website https://www.checkitsalright.nz or 0800 336 942 Fire Sign management – these are changed to reflect season status Fire permits The information included with a fire permit helps people understand how to light a fire safely, and to reduce the risk of their fire burning out of control. Fire permits carry conditions which vary based on the current local fire risk conditions. Fire risk conditions vary by time and other factors such as fuel and topography, so the acceptable conditions for burning are set for each fire permit. Fire permits may also be suspended or cancelled in certain circumstances, such as: where fire risk conditions change, for fire control purposes, or as fire seasons change/prohibitions are imposed. Council bylaws, regional plans, legal covenants or restrictions No matter the current fire season, council bylaws and regional plan rules relating to smoke and air pollution must also be followed, even if Fire and Emergency has issued a fire permit. There may also be legal covenants or restrictions which restrict the ability to light a fire in some areas, regardless of the fire season. For example, if there are power pylons or other infrastructure nearby. Therefore, even if you don’t need a permit, you may not be able to light fires in some places. You will also need landowner or occupier approval before lighting a fire, even if Fire and Emergency has issued a fire permit. 23 April 2021 12
Fire Plan for Bay of Plenty When a permit is needed The need for a fire permit is based on: type of fire the fire season or restrictions or prohibitions on fires in the open air. Fire types Some fire types may be allowed in restricted and prohibited fire seasons by making them: Authorised (no permit required) Permit required For more information on fire types, see Open air fires – rules and permits on the Fire and Emergency website www.fireandemergency.nz. Authorised fire types in a restricted fire season Authorised fire types in a restricted fire season, i.e. those fire types not requiring a fire permit because they are not ‘fires in open air’, include: gas-operated appliances charcoal barbeques or grills wood-fire pizza oven chiminea cultural fires braziers fire pits/bowls open drum and manufactured incinerators. Authorised fire types on public conservation land in a restricted fire season Department of Conservation says that fires may be lit only in designated permanent Department of Conservation fireplaces at overnight campsites or amenity areas, and only when there is no prohibition in place. You can light campfires for cooking and warmth in the backcountry (areas that are over an hour's walk from the nearest road end) only if: there is no fire ban in place, and there are no notices prohibiting fires there, and the fire is at least 3 metres away from trees and anything that could catch fire, and the fire is smaller than 0.5 m in width and in height. For information about fires that can be lit on public conservation land, visit https://www.doc.govt.nz/our- work/fire/ 23 April 2021 13
Fire Plan for Bay of Plenty Authorised fire types in a prohibited fire season Authorised fire types in a prohibited fire season, i.e. those fire types not requiring a fire permit because they are not ‘fires in open air’, include: gas-operated appliances charcoal barbeques or grills wood-fire pizza oven chiminea cultural fires. Authorised fire types on public conservation land in a prohibited fire season Department of Conservation says that the only authorised fire type on public conservation land (PCL) in a prohibited fire season, i.e. a fire type not requiring a fire permit because it is not a ‘fire in open air’, is gas- operated appliances. Permits in prohibited fire seasons or during prohibitions under Section 52 Fire and Emergency may grant permits during a prohibited fire season, or when there is a prohibition under section 52 of the Act, when the fire or activity is necessary to prevent, reduce, or overcome any hazard to life or because of any other serious emergency. We may grant fire permits during a prohibited fire season if weather or other conditions have temporarily reduced the fire hazard, so as to make it apparently safe to light a fire. Permits issued in a prohibited fire season (e.g. for biosecurity reasons) remain active when the fire season changes. Fire breaks Fire and Emergency has the authority under Section 62 of the Fire and Emergency New Zealand Act 2017 to require landholders to make or clear firebreaks on the landholder’s land, or keep them clear, if we think it’s needed for fire control. We will work with affected landholders on a case-by-case basis and try to reach a voluntary solution before we would use our powers to require firebreaks. Further guidance has not yet been developed, so each situation would be dealt with individually. Fire hazard removal If Fire and Emergency reasonably consider that vegetation, or some other thing, is a fire hazard, meaning that it likely to endanger people or property by increasing the risk of outbreak or spread of fire, we can require that vegetation or thing to be removed or destroyed. We will work with you to fix the issue first, but Fire and Emergency has the authority under section 65 of the Fire and Emergency New Zealand Act 2017 to legally require you to do it. You then have 1 month to fix the problem, although you can appeal against the requirement. Any appeal must be made within 14 days and will be handled through Fire and Emergency’s dispute resolution scheme. Our fire hazard removal powers apply to land, but not to anything on or inside a building. Local councils have the authority to address fire risk related to buildings, such as hoarding. If it’s urgent (an imminent threat) we can tell you and fix the problem ourselves immediately in order to keep people and property safe. 23 April 2021 14
Fire Plan for Bay of Plenty Reporting fire hazards Anyone who becomes aware of a fire hazard or is worried about the potential of something being a fire hazard can report it to Fire and Emergency – see Submit a Fire Hazard Assessment Request at www.fireandemergency.nz/at-home/fire-hazards-in-your-community/ for the Potential Fire Hazard Advice form. Assessment of fire hazards Fire and Emergency will assess whether there is a potential for the fuel to cause harm or damage to people or property if a fire starts. We will assess the likelihood of a fire starting and the consequences in terms of risk to human life, structures and other values. We will not enter a property (apart from going to the front door) without permission from the occupier. If permission is not granted or an occupier cannot be located, we will assess the potential fire hazard from outside of the property or speak with the occupier of the neighbouring property to request access to better view the potential fire hazard. If we need to, a Fire and Emergency inspector can enter and inspect land that is not a home or marae (or a building associated with a marae) in order to determine whether certain materials (including timber, dry plant cuttings and ‘other flammable material’) are being stored outside a building in a way the creates a fire hazard to the building, another building, or to any road or other public place (see regulation 13(4) of the Fire and Emergency New Zealand (Fire Safety, Evacuation Procedures, and Evacuation Schemes) Regulations 2018). A Fire and Emergency inspector must obtain a warrant to enter and inspect land that is a home or marae (or a building associated with a marae). We can take photographs of private land (or things on private land) from public land, so long as we don’t take pictures of an area or thing that a person can reasonably expect to be private (e.g. a photo that includes a view into a shower or a secluded area where someone is sunbathing). Outcomes from the assessment The assessment will recommend one of the following courses of action: 1. No further action, because the vegetation or other thing does not present a fire hazard. The matter may be referred to another agency such as the local council if appropriate, e.g. hoarding or vermin infestation. 2. Providing education and information to the occupier or owner of the land, and/or to the complainant, on how to mitigate any risks from fire, where the notice threshold has not been reached but the assessment indicates that proactive action would be helpful. 3. Providing the occupier or owner with the opportunity to voluntarily mitigate the risk within an appropriate time period, as the threshold for issuing a Fire hazard removal notice (s 65) has been met. If they won’t do this voluntarily, we will issue a Fire hazard removal notice (s 65) to the occupier or owner of the land. The notice gives them one month to remove or destroy the vegetation or other thing increasing the risk of the outbreak or spread of fire. 4. Providing verbal notice to the owner or occupier of the land that we are taking immediate action to remove or destroy any vegetation or other thing on the land, that is a source of imminent danger, under s 68. This power would only be used where there is an ‘almost certain’ likelihood of a fire starting or spreading at any moment, which would put life or property at risk. Note: This power will be used very rarely. 23 April 2021 15
Fire Plan for Bay of Plenty Fire hazard removal notice (section 65) Fire hazard removal notice (s 65) is formal written notification under s 65 of the Act to an occupier or owner of land that they must remove or destroy the ‘vegetation or other thing’ that has been assessed as meeting the threshold for issuing a notice. The notice: describes the vegetation or other thing that must be removed or destroyed, including a map if practicable identifying the specific location or extent of the vegetation or other thing explains the risk that Fire and Emergency reasonably considers that the vegetation or other thing presents specifies the actions that must be taken to mitigate the fire hazard risk, e.g. how much vegetation must be removed or destroyed. We will always give the occupier or owner the opportunity to fix the issue voluntarily, before we go with issuing a notice. The occupier of the land where the fire hazard is located is primarily responsible for its removal or destruction. If the land is unoccupied, then the responsibility passes to the owner of the land. Occupier, in relation to any place or land, means any person in lawful occupation of that place or land; and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land. Imminent danger notice (section 68) An Imminent danger notice is verbal notification under s 68 of the Act to an occupier or owner of land that Fire and Emergency is going to enter the land and remove or destroy any vegetation or other thing on land that we consider is a source of imminent danger from fire to life, property, or any road. Anyone receiving the verbal notice should be able to understand: that Fire and Emergency has decided that [description of fire hazard] is a source of imminent danger to [life, property, and/or road] why the fire hazard is a source of imminent danger that Fire and Emergency has arranged for the [removal or destruction] of the fire hazard under s 68 of the Act by [name of contractor] on [date] any arrangements for the storage of items removed from the land, and the terms under which the owner/occupier can retrieve those items. In the event of an actual fire, our powers to deal with an emergency take effect. Compliance and enforcement Fire and Emergency’s role The Act gives Fire and Emergency compliance and enforcement responsibilities, and powers to support interventions in cases of non-compliance. In line with this, we have developed a comprehensive Risk Reduction Strategy, supported by a Compliance and enforcement policy. Compliance activities generally focus on education and awareness, followed by issuing warnings. If compliance is still an issue, then more formal enforcement powers may be used. Where there are cases of serious or repeated non-compliance, Fire and Emergency may use infringement notices or prosecute. For more information on Fire and Emergency’s compliance and enforcement policies and procedures and other relevant topics, visit www.fireandemergency.nz/about-us/compliance-and- enforcement/ 23 April 2021 16
Fire Plan for Bay of Plenty Contact us Email: Region2FirePlans@fireandemergency.nz Stakeholder contacts Company/Organisation Role Hancock Forest Management Taumata Area Manager Hancock Forest Management OTPP Forest Manager Protection Forester NZ Forest Managers Forestry Operations Manager Port Blakely Forest Manager Timberlands Sustainability Manager Kaingaroa Timberlands Ltd Rotorua Manager, Fire and Security Rayonier Regional Manager Forester PF Olsen Ltd – Bay of Plenty Acting CEO Northern Operations Manager PF Olsen Ltd – Rotorua Operations Manager Chief Executive Officer Ernslaw One Ltd Forest Supervisor NZ Manuka Group National Beekeeping Manager Department of Conservation National Fire Officer Director Operations Ngā Whenua Rāhui – Ōpōtiki To be confirmed Te Uru Rākau – National Forest Fire Coordinator Te Puni Kōkiri Senior Advisor Crown Forestry Forest Operations Manager Federated Farmers President – Ruapehu Branch President – BOP Branch President – Rotorua-Taupō Branch Bay of Plenty Regional Council Rotorua Catchments Advisor (Landowners) Tauranga City Council Team Leader Parks and Environment Western Bay of Plenty District Council To be confirmed Kawerau District Council Manager, Planning, Compliance and Capability Ōpōtiki District Council Planning and Regulatory Group Manager Whakatāne District Council General Manager Planning and Regulatory Services Rotorua Lakes Council Inner City Manager Oji Fibre Solutions To be confirmed 23 April 2021 17
Fire Plan for Bay of Plenty Appendix 1 – Schedule of stakeholders This schedule of stakeholder includes those who should be involved in the creation of these fire plan and their amendments, or consulted before making use of the powers of section 52 of the Fire and Emergency New Zealand Act 2017, or notified when this happens. Zone-level stakeholders are listed with each zone’s description and triggers in Appendix 2. National-level stakeholders Stakeholder Fire plan development Fire plan amendment Changing fire season to Section 52 fire Section 52 prohibited prohibitions restrictions/ prohibitions on activities Department of Conservation Consult while creating Consult while amending Notify of decision Weekly status updates Notify of plan plan during prohibited season decision NZ Defence Force Environmental Protection Authority Federated Farmers NZ Consult while creating Consult while amending Weekly status updates Notify of Notify of decision plan plan during prohibited season decision Land Information NZ Taituarā - Local Govt Professionals Aotearoa (SOLGM) Local Government NZ Forest Owners Association Consult while creating Consult while amending Weekly status updates Notify of Notify of decision plan plan during prohibited season decision NZ Farm Forestry Association Te Uru Rākau Consult while creating Consult while amending Weekly status updates Notify of Notify of decision plan plan during prohibited season decision Crown Forestry Consult while creating Consult while amending Weekly status updates Notify of Notify of decision plan plan during prohibited season decision 23 April 2021 18
Fire Plan for Bay of Plenty Stakeholder Fire plan development Fire plan amendment Changing fire season to Section 52 fire Section 52 prohibited prohibitions restrictions/ prohibitions on activities NZ Manuka Group Consult while creating Consult while amending Weekly status updates Notify of Notify of decision plan plan during prohibited season decision Ministry for Primary Industries Te Puni Kōkiri Ngā Whenua Rāhui Apiculture New Zealand Fish and Game Waka Kotahi NZ Transport Agency Dairy New Zealand Ministry of Education New Zealand Police This list may be added to during the public consultation phase 23 April 2021 19
Fire Plan for Bay of Plenty Area-level stakeholders Stakeholder Fire plan Fire plan amendment Changing fire season Section 52 fire Section 52 development to prohibited prohibitions restrictions/ prohibitions on activities Department of Conservation Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Rayonier Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels NZ Manuka Group Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Port Blakely Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Timberlands Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Te Uru Rākau – National Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Te Puni Kōkiri Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Crown Forestry (MPI) Consult while Consult while Notify via normal Notify via normal Notify via normal creating plan amending plan channels channels channels Oji Fibre Solutions Notify via normal Notify via normal Notify via normal Consult while Consult while channels channels channels creating plan amending plan This list may be added to during the public consultation phase 23 April 2021 20
Fire Plan for Bay of Plenty Appendix 2 - Zone information Bay of Plenty (BOP) Coastal Zone Geography The BOP Coastal zone extends from Waihi Beach in the northwest to Waihau Beach in the east, covering the coastal lowlands. The coastal strip supports a large dairying and horticulture industry and much of this area is best known for its kiwifruit and citrus orchards. Demographics At Fire and Emergency New Zealand, we have an in-depth knowledge of the demographics for each of the communities we serve. These demographics help us to understand the type of support each of our communities might need and how we communicate with them. We use this knowledge in all aspects of our work, including our delivery of the 4Rs of emergency management and for fire control measures, such as declaring the beginning and end of fire seasons, prohibiting and restricting the use of fire, and issuing fire permits. The zone contains numerous coastal towns and settlements that are increasingly popular with tourists throughout the summer months. Tauranga is the main population centre for this zone, accounting for approximately 45% of the total area population with an ever increasing and ageing population. Please refer to the demographics section for the whole area for further information. Climate/weather Due to the shelter from the high country, the Bay of Plenty’s climate is one of the sunniest and least windy in New Zealand. It has high annual rainfall compared to some eastern parts of the country, although rainfall levels vary a lot. Temperatures also vary considerably. Land cover/land Land cover Hectares use Artificial surfaces Built-up area (settlement) 9,990 Surface mine or dump 370 Transport infrastructure 126 Urban parkland/open space 1,881 12,366 Bare or Lightly Vegetated Surfaces Sand or gravel 430 Landslide 29 Alpine grass/herbfield 0 Gravel or rock 1,259 Permanent snow or ice 0 1,718 23 April 2021 21
Fire Plan for Bay of Plenty Land cover Hectares Water bodies Lake or pond 338 River 1,725 Estuarine open water 4,839 6,902 Croplands Short-rotation cropland 7,369 Orchard, vineyard or other perennial crop 20,264 27,633 Grassland, sledge and saltmarsh High producing exotic grassland 162,317 Low producing grassland 4,601 Tall tussock grassland 0 Depleted grassland 0 Herbaceous freshwater vegetation 1,533 Herbaceous saline vegetation 1,098 Flaxland 1 169,550 Scrub and Scrubland Fernland 126 Gorse and/or broom 1,049 Mānuka and/or kānuka 14,172 Broadleaved indigenous hardwoods 12,079 Sub-alpine scrubland 0 Mixed exotic scrubland 530 Matagouri or grey scrub 218 28,174 Forest Deciduous hardwoods 950 Exotic forest 54,357 Forest - harvested 6,679 Indigenous forest 143,612 Mangrove 1,103 206,701 Other Not land 21 23 April 2021 22
Fire Plan for Bay of Plenty Industry Industry Contributes to Affected by Needs to be increased risk use of fire protected by of fire in high control using fire risk conditions measures control measures Horticulture ☒ ☒ ☒ Agriculture ☒ ☒ ☒ Forestry ☒ ☒ ☒ Tourism ☐ ☐ ☒ Major Hazard Facilities (MHF) ☒ ☒ ☒ Fonterra sites ☒ ☒ ☒ Major industrial including pulp and ☒ ☒ ☒ paper mill Mānuka processing ☒ ☒ ☒ Packing houses and cool stores ☒ ☒ ☒ Mining ☒ ☒ ☒ Lifeline Lifeline utility/ other infrastructure Contributes to Affected by Needs to be utilities/other increased risk use of fire protected by of fire in high control using fire infrastructure risk conditions measures control measures Electricity generation – gas ☒ ☒ ☒ Electricity generation – hydro ☐ ☒ ☒ Electricity generation – ☒ ☒ ☒ geothermal Electricity – transmission lines ☒ ☒ ☒ Communications networks/towers ☒ ☒ ☒ Port of Tauranga ☒ ☒ ☒ Bulk fuel storage ☒ ☒ ☒ Railway corridors ☒ ☒ ☒ Roading network ☒ ☒ ☒ Recreational Recreational location Contributes to Affected by Needs to be locations increased risk use of fire protected by of fire in high control using fire risk conditions measures control measures TECT All Terrain Park ☒ ☒ ☒ Matakana Island ☒ ☒ ☒ Mountain biking areas ☒ ☒ ☒ Water activities ☐ ☒ ☒ Freedom camping ☒ ☒ ☒ 23 April 2021 23
Fire Plan for Bay of Plenty Cultural and Cultural or recreational activity or Contributes to Affected by Needs to be recreational event increased risk use of fire protected by of fire in high control using fire activities and risk conditions measures control events measures Matariki ☐ ☒ ☒ Diwali ☐ ☒ ☒ Concerts and festivals ☐ ☒ ☒ Kapa haka events ☐ ☒ ☒ Numerous marae throughout the ☐ ☒ ☒ zone Large sporting events ☐ ☒ ☒ Motorsports ☒ ☒ ☒ Multi-sports events ☐ ☒ ☒ Special risk areas Special risk area Contributes to Affected by Needs to be increased risk use of fire protected by of fire in high control using fire risk conditions measures control measures Outer islands of Bay of Plenty ☐ ☒ ☒ Archaeological and culturally ☐ ☒ ☒ sensitive sites (wāhi tapu) Non-DOC conservation areas ☐ ☒ ☒ Significant mountains and ranges ☐ ☒ ☒ DOC areas of significance including ☒ ☒ ☒ public conservation land (PCL) Beaches ☒ ☒ ☒ Known fire There are no long-term fire hazards lists in the Fire Hazard Removal Case hazards Management System. Frequency of On average, this zone experiences: elevated fire 28.4 days of very high to extreme fire danger (based on Scion fire danger danger climate data for seasonal severity) Fire history The known fire history for this zone includes: Year Fire Cause 2020 Matakana Island Cooking/ warming 2019 Tawera Natural 2020 Poike Suspicious Predominant fuel The predominant fuel type in this zone is grass with large amounts of scrub and type pockets of production forest. 23 April 2021 24
Fire Plan for Bay of Plenty Thresholds Build-up Index (BUI) and grass curing are the most relevant fire weather indexes to monitor for this zone. Grass curing Build-up Index (BUI) % 0–40 40–80 >80 0–60 Open Restricted Prohibited 60–90 Restricted Restricted Prohibited 90–100 Prohibited Prohibited Prohibited In addition to the above trigger thresholds for changing fire seasons, there will be days where we consider that fire danger conditions are very high or extreme. We will use forecast data including elevated temperatures, strong winds, low humidity, Fine Fuels Moisture Code (FFMC) to predict these events. We may prohibit activities on these days which have the potential to produce sparks, farming operations such as land clearing and discing, grinding/welding, roadside mowing, steam and traction operations, forestry operations and automatic reset on power lines may be prohibited. We will communicate this to communities and stakeholders as per the stakeholder schedule. Some forest owners may continue work during an elevated fire danger. A Buildup Index trigger of 100 to 120 may be considered if the forest companies will mitigate the risk by having set numbers of firefighters, heavy machinery and helicopters on stand-by, which may include patrolling work sites for an hour after operations cease. Parking heavy machinery on clear skid sites, blocks and working ropes are checked before leaving (Skyline Hauler Operations). We will consult with Timberlands on setting BUI triggers and restricting forestry operations based on their current proactive and successful. When the BUI is over 120, they deploy a helicopter to patrol Kaingaroa Estate every day from 1400hrs. Representative The Remote Automated Weather Stations (RAWS) used to determine whether we Remote have reached the trigger thresholds are: Automated Waihi Beach Kawerau Waimana Weather Station Tauranga Aero Whakatāne Ōpōtiki Minden Waihau Bay Maungaroa TECT All Terrain Park Te Puke Considerations are given to an average reading across all 11 weather stations as all trend consistently across the zone. We will consider the forecast for these locations when declaring or revoking a fire season. 23 April 2021 25
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