I think that's a broad brush to paint with MakeIt.
Every instance is dependant on the weather forecasts for that day. Sure there are definitely instances where NVFR would not be appropriate, but during my time in the Top End, there was normally enough information to be able to make an informed decision that a NVFR flight could be done appropriately and legally.
This is straight from the Area 80 forecast at the moment:
AREAS OF SMOKE OVER LAND, ISOL THICK SMOKE BELOW 10000FT NEAR FIRES.
You can see fires at night, so just steer clear of them. There we go, legal.
You could argue all day long, as to whether you're breaking the law. Hell, you could even argue that because of the lack of lighting in the area, you're flying soley on instruments anyway (would that not technically make it IFR?)! But, to brand every NVFR flight as illegal during the fire season in the Top End, is incorrect. There are ways of doing it legally.
morno