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Fireworks laws: When can you buy and use them?

Key Takeaway

In New Zealand, consumer fireworks can only be sold to individuals aged 18 and over from November 2nd to November 5th each year. Users must be 18 or supervised by an adult. Fireworks cannot be used in public places, or in a way that harms people, animals, or property. Local councils may also have additional restrictions.

New Zealand Fireworks Laws: Purchasing and Using Fireworks

New Zealand law regulates the sale and use of fireworks to ensure public safety and minimise harm. These regulations primarily fall under the Hazardous Substances and New Organisms Act 1996 (HSNO Act) and the Hazardous Substances (Fireworks) Regulations 2001.

What are Fireworks (Legally)?

A "firework" is legally defined as an article designed to produce a pyrotechnic effect – a visual or auditory display created by controlled combustion (burning), deflagration (rapid burning), or detonation (explosion) – and includes both display fireworks and consumer fireworks [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 4]. This article primarily focuses on consumer fireworks available to the general public.

Purchasing Fireworks

Permitted Sale Period

Retailers are only permitted to sell fireworks during a specific four-day window each year. This period begins on 2 November and ends on 5 November [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 5(1)(a)]. Selling fireworks outside of this period is prohibited [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 5(1)].

Age Restrictions for Purchase

It is illegal for any person to sell fireworks to an individual under 18 years of age [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 6]. Retailers are also required to display notices informing customers of this age restriction [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 17(1)].

Licensed Retailers

Fireworks may only be sold by retailers who have obtained a hazardous substance consent – official permission required for certain hazardous substance activities – from the Environmental Protection Authority (EPA) for the sale of consumer fireworks [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 5(1)(b)].

Using Fireworks

Age Restrictions for Use

A person under 18 years of age may only use fireworks if they are under the direct supervision of an adult aged 18 years or older [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 16].

General Safety Requirements

Anyone who possesses or uses fireworks has a legal duty to take all practicable steps to ensure that no person is harmed and no property is damaged as a result of their actions [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 12(1)].

Restrictions on Use

Several specific prohibitions apply to the use of fireworks:

  • Public Places: Fireworks must not be used in any public place unless it is part of a public firework display for which a hazardous substance consent has been obtained. A "public place" includes any road, beach, or any land to which the public has access, whether by right or by invitation [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 13(1)(a), 13(2)].
  • Nuisance and Harm: It is prohibited to use fireworks in a way that:
    • Causes distress to any animal or bird [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 13(1)(c)].
    • Creates a nuisance to any person [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 13(1)(d)].
    • Causes damage to any property [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 13(1)(e)].
  • Throwing Fireworks: A person must not throw a firework at any person, animal, or moving vehicle [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 14(a), (b)].
  • Modifying Fireworks: It is prohibited to modify fireworks in any way, for example, by opening them or joining them together [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 15].

Local Bylaws and Fire Bans

In addition to national regulations, local councils may impose further restrictions on the use of fireworks within their jurisdiction through specific bylaws [Source: Hazardous Substances (Fireworks) Regulations 2001, reg 13(1)(b)]. Furthermore, during periods of high fire risk, local authorities or Fire and Emergency New Zealand may implement fire bans or restrictions, which would prohibit or severely limit the use of fireworks.

Penalties for Non-Compliance

Contravention of the Hazardous Substances (Fireworks) Regulations 2001 constitutes an offence under the Hazardous Substances and New Organisms Act 1996 [Source: Hazardous Substances and New Organisms Act 1996, s 109]. Individuals found guilty of such an offence may face a fine not exceeding $10,000, while corporations may face a fine not exceeding $50,000 [Source: Hazardous Substances and New Organisms Act 1996, s 109(3)].

When to Seek Independent Legal Advice

For specific interpretations of fireworks regulations, questions about local bylaws, or in situations involving alleged breaches or enforcement actions, it is recommended to seek independent legal advice. Information on legal services can be found through the New Zealand Law Society or by contacting Community Law Centres for free advice and assistance on various legal matters [https://communitylaw.org.nz/].

Key Resources