Bay of Plenty, Ngā Tai ki te Puku - Fire Plan for - Fire and Emergency New Zealand

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Bay of Plenty, Ngā Tai ki te Puku - Fire Plan for - Fire and Emergency New Zealand
Fire Plan for
Bay of Plenty, Ngā Tai ki te Puku
                          2021–2024
Bay of Plenty, Ngā Tai ki te Puku - Fire Plan for - Fire and Emergency New Zealand
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
Bay of Plenty, Ngā Tai ki te Puku - Fire Plan for - 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

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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

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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

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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.

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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.

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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%

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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/

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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.

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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.

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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/

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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

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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

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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

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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

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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

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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                                ☒                 ☒                 ☒

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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.

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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.

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