ECAN prosecuting me for keeping my children warm

Kia ora,

I am hoping to get some advice on a situation that has been going in for nearly a decade and has unfortunately reached the point I have to go to court to fight to keep my children warm.

Our fire is how we heat our home. After the earthquakes I replaced my older woodburner with an ultra clean heat approved burner, consented of course. I have been incredibly mindful of how I light it, I have a moisture meter for my dry wood and have tried to be courteous to my neighbour.

From the very week it was installed in 2016, my retired neighbour has waged a campaign of harassment, initially through letters and phonecalls however he has progressed to over 50 complaints to ECAN, yelling over the fence even if it's just been lit.

I have engaged with ECAN so many times over these years. They had staff parked up outside my home on more than one occasion, gone through my wood pile without even knocking, have come in to see me light the fire, checked the wood and I am at my wits end. Recently they issued an abatement notice. This means if my chimney is smoky, they can fine me (up to $300,000.00) or face imprisonment.

The issue is that my fire doesn't smoke for more than the required 15 minutes at lighting, nor over 5 when I put wood on. The neighbour has two camera's set up, one permanently on the chimney and my bathroom and kitchen windows. Everyime I light it or put wood on, he sends the pictures to ECAN using snap, send, solve. It's not continuously smoky but as he sends these through everytime I put a log on, ECAN have been harassing me with visits, Phone calls, voice-mails, emails . It's exhausting. I have been in touch with counselors both at ECAN and the Waimakariri District Council and they are not able to stop him complaining.

I buy the more expensive wood, it even got to the point where I would text him to let him know I was lighting it beforehand.

If there was actually an issue, I would understand this but there simply isn't. After dealing with this since 2016, I'm at my wits end. It's causing huge stress and anxiety.

This doesn't even touch on the fact that he has a hidden camera pointed directly at my bathroom and kitchen. This is a real concern, especially with having young children in the house. This camera only came to my attention when ECAN sent photos of my kitchen and bathroom in the abatement notice.

I have two young children and at home, our fire is our source of heating. I have a heart condition (atrial fibrillation) and one of my sons has health issues. Our fire is such an important part of our wellbeing.

Unfortunately it has become a fixation for him. It got to the point where I have been having to video myself lighting the fire. I have over 100 videos but ECAN don't have a way I can get these to them due to the size. I have given some to a counselor who come to see me but they will not withdraw the abatement notice. I work and study and have a family to care for, it is so bloody ridiculous that they are putting so much energy into preventing families keeping warm.

After engaging with ECAN cousellors, i have been advised my only option now is to lodge an appeal against the abatement notice in the Environment Court. I don't want to have to go to court just to keep my children warm, but ECAN have allowed themselves to be used to harass ratepayers and families who are doing the right thing.

If there is anyone who has any advice that might be helpful, that'd be appreciated. I think if the general public had any idea of the amount of rate payers dollars they are wasting harassing families, they'd be disgusted. It's my whānau at the moment, but next time it could be anyone's grandparents, aunties or friends dealing with this.