Burner Rules and Regulations

Definitions

What is an enclosed burner?

A small‑scale, solid‑fuel burning appliance with a firebox enclosed by a door, where air supply is controlled.
Includes: free‑standing or in‑built wood burners, pellet fires, potbelly stoves, multi‑fuel burners (e.g. Junos, “chippies”), and coal ranges.
Excludes: any open fire.

What is an open fire?

Any small‑scale fuel‑burning device or construction in or attached to a building that burns solid fuel, but is not enclosed.
Examples: fireplaces, open hearths, visors, Jetmaster‑type fireplaces.

Am I affected?

Step 1 — Find your airshed

Use the address lookup (read‑only; no names or ownership details) to find your airshed.

• Address lookup
• General airshed locations

Step 2 — Check the rules for your airshed and installation date

Airshed A or Airshed B1

• Installed before 1996: Cannot be used or replaced after 1 January 2010.
• Installed 1996–1999: Cannot be used or replaced after 1 January 2012.
• Installed 2000–2003: You may use it from 1 January 2013 onwards.

Airshed B2

• Installed before 1991: Cannot be used or replaced after 1 January 2010.
• Installed 1991–1995: Cannot be used or replaced after 1 January 2012.
• Installed after 1995: You may continue to use it (no phase‑out date set).
• If you do not have an existing solid‑fuel burner (or yours was phased out), you may install a ULEB.

Airshed C or The Glen

• No scheduled phase‑out of enclosed burners.
• An existing enclosed burner can only be replaced with a Council‑authorised burner (see Council list), except at The Glen, where any house can have an authorised burner.
• If you do not have an existing solid‑fuel burner, you may install a ULEB.

Helpful localities (for orientation only):

• Airshed A: Hospital area, Bishopdale, Victory, Toi Toi, between the colleges, Washington Valley
• Airshed B1: Tāhunanui and Tāhunanui Hills south of The Cliffs
• Airshed B2: Stoke, Wakatu, Enner Glynn

Step 3 — Don’t know when your burner was installed?

Check your installation records. If you can’t find them, phone Council: +64 3 546 0200.

Installing or replacing a burner

If you have no existing solid‑fuel burner

• In the Nelson Urban Area, you may install:
  • an ultra‑low emission pellet burner
  • gas or diesel burner
  • electric heating (e.g. a heat pump)
• In Airshed B2 or Airshed C, you may also install a ULE wood burner (ULEB).

If you are replacing a solid‑fuel burner

• You must have your building consent application lodged and issued by Council before you remove the existing burner.
• In the urban Nelson area, and on rural properties under 2 hectares, the only enclosed burners that may replace an existing lawfully established open fireplace or burner are those authorised by Council as meeting clean‑air emission and efficiency standards.
• You may choose a Council‑authorised wood burner or a Council‑authorised pellet burner.
  • Council‑approved wood burners list: [link]
  • Council‑approved ultra‑low emission pellet burners list: [link]

Best choices for air quality

The cleanest options are non‑polluting heaters: heat pumps, electric heaters, or flued gas heaters. See clean heating options: [link]

If your burner is not consented

You have two pathways:

1. Replace it now with an authorised burner
   • Apply using a Burner Authentication Form (fee $120) and Council inspection will confirm details.
   • This determines the installation date and may mean your burner is already subject to phase‑out.
   • Burner Authentication Form: [link]
2. Keep using it for now, and replace later
   • Apply for a Certificate of Acceptance so it is safe to use, and your property file is updated (useful for resale and replacement).
   • Without this, there may be insurance implications if the appliance fails.
   • Contact Council for Certificate of Acceptance details: +64 3 546 0200.

Building a new home

• You can install an ultra‑low emission pellet burner.
• Pellet burners use small compressed sawdust pellets. Fuel size and moisture are consistent, and pellets feed via an electric auger, so they burn efficiently with very low emissions.
• Some models are efficient enough to be installed where no previous fireplace existed.
• See Council‑approved ultra‑low emission pellet burners: [link]

Open fires in Nelson

• Open fires are banned from 1 January 2008.
• Jetmaster‑type insert fireplaces are banned from 1 January 2013.
• Open fires cannot be replaced with enclosed wood burners.
• You may replace an open fire with a non‑polluting heater (e.g. heat pump, electric, flued gas), or install a Council‑authorised ultra‑low emission pellet burner.
  • Approved ULE pellet burners: [link]

Examples of open fires: open fireplace, visor, Jetmaster‑type fireplace.

Examples of enclosed burners

• Freestanding wood burner
• Pellet burner
• Potbelly stove
• Multi‑fuel burners (e.g. Junos, “chippies”)
• Coal ranges

Important notes and recent clarifications

• August 2025: The NAQP interpretation confirms that in Airshed B2 and Airshed C, a Council‑approved ULEB may be installed instead of a pellet burner in dwellings where a pellet burner was previously lawfully installed, subject to NAQP rule AQr.26A.1.a.
• The replacement of solid‑fuel burners must be expressly allowed under the NAQP. See the guiding diagram for each airshed: [link].
• For legal certainty, always check the Nelson Air Quality Plan: [link].

Need help?

• Customer Services:+64 3 546 0200
• Duty Planner:+64 3 546 0200