Rotorua Lakes Council controls the actual burners themselves. The relevant rules are in the Rotorua Air Quality Bylaw.
The combination of both types of rules was needed to best tackle the air quality problem in Rotorua.
Summary of the main rules from both regulations
Non-compliant Burners
Woodburners installed before 1 September 2005 and all coal burners, multi-fuel burners, indoor open fires, potbelly stoves, coal or wood ranges/cookers, chip heaters, Marshall heaters regardless of their installation date.
Point of Sale Rule
Before the sale of any property is completed, any non-compliant burners must be removed or replaced with compliant heating. It is the vendor’s responsibility to remove or replace non-compliant solid fuel burners in the property. Indoor open fires must be made inoperable.
You must complete a Point of Sale Compliance Form (PDF 769.35KB) , attach before and after photos and submit the form to Bay of Plenty Regional Council regardless of which option you opt for (remove only OR remove and replace). This must all be done before the property title transfers to the new owner.
A dispensation from the Bylaw Point of Sale rule will only be granted in exceptional circumstances. There is a $200 application fee. Dispensation application forms are only available upon request.
New Burner Rules
Only woodburners that have an emission rate of no more than 0.60g/kg and a thermal efficiency of no less than 65%, and are on the Ministry for the Environment (MfE) Authorised wood burners list can be installed in the Rotorua Airshed.
You can only install a woodburner if you are replacing an existing wood, coal or multifuel burner in the same house and Rotorua Lakes Council issued the old burner a permit or building consent. If you are purchasing a house and the vendor removes an existing burner but does not replace it before the sale, you will not be able to install a new burner later, unless you get a resource consent.
Offset Rule
If you want to install a woodburner, but do not have an existing burner in your house to replace, or the existing burner was not issued a permit/consent, you will need to get resource consent to do so. In order for a consent to be granted, you will need to find an existing solid fuel burner in another house in the Airshed to remove, to offset the emissions from your proposed new woodburner. The offset burner must be operable and Rotorua Lakes Council needs to have issued it a solid fuel burner permit or building consent.
For any queries about the resource consent requirements, please contact the Consents Duty Planner on 0800 884 880.
Useful documents:
Why air quality matters