A controversial rule banning the use of woodburners 15 years or older would be scrapped under a Labour government, with the party saying no one should have to live in a cold home.

However, government intervention in a regional council plan has been questioned by Environment Canterbury's (ECan) South Canterbury councillor.

Canterbury residents have until October 31 to apply for building consent for a new burner if their fireplaces are past the age limit, a condition that has sparked the formation of a committee to push ECan to relax its air quality rules.

JOSEPH JOHNSON/STUFF ECan councillor Peter Scott.

The Labour Party has now waded into the debate, promising nobody would be prohibited from using an "efficient" log burner regardless of its age.

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Rangitata candidate Jo Luxton said ECan had "refused to entertain the idea" of allowing older woodburners to be refurbished, rather than replaced.

"It would be unthinkable to have vulnerable people, particularly the elderly and families with small children, living in cold houses during winter simply because common sense amendments could not be made to a regional plan," she said.

"New log burner are not cheap and we should never forget that the most important people in this situation are the ordinary ratepayers who rely on their local bodies to look after their interests. They should not be too frightened to keep warm."

Luxton said the changes required to allow older log burners to be refurbished to meet air standards "were a relatively simple engineering job".

"If the air plan requires all log burners regardless of age to meet emission standards, the 15 year blanket ban seems a little pointless. We would review the air plan to ensure no one had to live in a cold home."

ECan has made its position on retrofitting fires clear, with air portfolio director Katherine Trought recently saying there was no prospect of the council considering the retrofitting of old burners, or the prospect of old ones being used if they burned cleanly.

"Each model of wood burner has to be tested in laboratory conditions to qualify for its low emission status.

"An individual retrofitted old burner would have to be taken to the laboratory, tested, and returned to the home, a cost that would far exceed the cost of a new burner."

ECan councillor Peter Scott said he "totally agreed" with not wanting people to live in a cold home.

The regional council was working with "a number of agencies" to ensure that did not happen, he said.

The clean air plan was "an ECan plan, not a national plan", and a government review could create a "pretty interesting situation", he said.

"I'm not sure if it's possible," he said.

"I don't know Jo Luxton, I've never met her, she's obviously got more knowledge on it than I have."

University of Otago faculty of law associate professor Ceri Warnoch said under the Resource Management Act, the Minister for the Environment had "incredibly wide" powers to investigate the actions of local government.

The Government could force a plan change if it deemed it necessary, she said.

Government intervention in local government decisions did not happen often, Warnoch said.

"I can only think of two or three instances in 20 years."

Local Government New Zealand chief executive Malcolm Alexander stopped short of criticising Labour's move, but said if a council had widely consulted with the public on a plan and decision, and applied the law, "then that is the decision".

"LGNZ's reason for being is to protect and support local democracy, and understands it is Labour party policy to do the same."