New Zealand Legislation: Acts

26 Offence to leave burning or smouldering substance

• Every person commits an offence against this Act who at any time, other than in the course of employment in essential services or engagement in land development or preparation with lawful authority, having wilfully or negligently thrown, propelled, left, or dropped or caused to be thrown, propelled, left, or dropped any lighted, burning, or smouldering substance in the open air—

  • (a) on any land in a district; or

  • (b) on any land (not being in a district) in respect of which there is an agreement or arrangement pursuant to section 9(b) or section 14(2); or

  • (c) on any land in respect of which a warning under section 20 or an order under section 21 is for the time being in force—

  so as to cause a fire hazard in vegetation, fails to take all reasonable steps to extinguish that substance or any ensuing fire, whether or not there is an immediate danger of its causing damage, or, if he finds that he is unable to extinguish the substance or fire, fails to notify immediately the nearest available Fire Officer of the fire and to continue, so far as possible, to endeavour to control and extinguish the substance or fire until it is brought under control or until he obtains the consent of the Fire Officer to desist.

  Compare: 1955 No 44 s 23