An outdoor fire safety bylaw adopted by Tauranga City Council this week has been slammed by submitters who say it could make lighting birthday cake candles outside and smoking outdoors illegal on private property.

The challenge comes from Yvonne James, secretary of the Baldaquin Society, which is organising the Medieval Faire on the Tauranga Racecourse grounds in January. The Faire attracts up to 10,000 people wherever it is held, bringing obvious benefits to local businesses.

Some barbecues could now be under threat because of the council's by-law. Photo: File.

Proposed changes to the bylaw, however, could affect a significant part of their activities and make some parts of them untenable says Yvonne, who insists living history activities used fire for cultural purposes.

She's also a member of the Magna Carta Society of NZ, and says the safe and responsible use of open fire for religious and cultural purposes should be freely available on all privately-owned land.

'Any prohibition of safe and responsible use of fire on private land is unreasonable and constitutes racial discrimination against people of British descent who choose to live and or worship according to traditional customs,” explains Yvonne.

Both groups have been contacted over the submission, but Yvonne insists she makes the submission as an individual.

'Although the religious and cultural uses of fire would also apply to other cultural groups,” she adds.

'My argument is that the four elements of earth, air, fire and water are basic human rights and one should not have to apply for a permit or consent – and certainly not pay a fee to council – if these rights are exercised on privately land.”

The submissions are on the council's new open places by-law, in which the authorities have given themselves the power to declare complete fire bans similar to rural fire services.

The city council has also extended its authority to be able to ban Chinese flying lanterns and the lighting of fireworks and flares during declared urban fire bans called because of dry conditions.

Barbecues and traditional cooking fires are exempt, but there must be a connected hose nearby.

In the by-law, traditional cooking fire means: 'Hangi fire or similar outdoor fire in the open air used for preparation of food using traditional cooking methods.”

The council by-law also states that fires are not permitted to be lit on private land after dark, unless they are in containers.

When asked about Yvonne's submission, council lawyers declared that there are no human rights issues involved.

Yvonne disputes that, saying council solicitors are corporate lawyers with no expertise in human rights issues which she says override city rules.

'Fee Simple gives the owners of the land extensive rights to do as they will, over which local government has no powers,” says Yvonne.

'The responsibilities are to ensure that activities on the land do not cause harm or nuisance to others.

'This is clear, basic and straightforward and has worked well for centuries. New Zealanders do not require local government nannies to tell them how to do this.

'This is self-explanatory. We have the free right to manifest, observe and practice our religious and cultural beliefs. Tauranga City Council's draft fire by-law does not allow this.”

The New Zealand Fire Service supports the by-law, and wants fires banned on beaches as well. But they are prepared to wait until the review of the beaches by-law in 2017. Fires can currently be set on the beach below the high tide line.

There were also submissions seeking complete firework bans, but as fireworks sales are permitted nationally the council cannot act.