Noise Control – 0800 474 834
The Resource Management Act 1991 is the legislation that deals with noise. This Act is designed to:
- Protect people from unreasonable or excessive noise;
- Provide effective noise control in our community;
- Protect the rights of people and industry to make a reasonable level of noise; and
- Allow the public, the local authorities and the police to work together to control noise.
- Owners or occupiers of land and buildings are responsible to ensure the noise on their property does not create a nuisance for any other person.
The Resource Management Act 1991 defines the term “excessive noise” as being any noise under human control which unreasonably interferes with the peace, comfort, and convenience of any other person.
Be a good neighbour
- Be aware at all times of the impact of your noise on your neighbours.
- If you intend to have a party, carry out any building work or any other noisy activity on your property talk to your neighbours first.
- Mow your lawns at reasonable times during daylight hours. At the weekends or on public holidays, avoid mowing early in the morning.
- Comply with any resource consent noise restrictions for commercial land development or construction work.
You can make a complaint about excessive noise
You can report any excessive noise problem direct to the Council at 0800 474 834. This number can be used after hours also, as it is better to report the noise when it’s happening, not the next day.
If the noise relates to a dog barking
Be a good neighbour – talk to the dog’s owner first and politely tell them their dog’s barking is disturbing you. If the problem cannot be resolved by the talk, contact us and our dog control officer will deal with the complaint.
What does council do about your noise complaint?
When a complaint is received, a noise control officer will go to the address concerned and assess the noise. The officer will decide if the noise is reasonable or excessive. The factors that might make noise excessive or unreasonable might include loudness, time of the day, background noise, duration and frequency. If the noise is excessive, the noise control officer may:
- Issue a written direction under the Resource Management Act 1991. This requires the noise to be reduced to an acceptable level. A written direction remains in place for up to 72 hours from the time it is issued. If further complaints are received after a written direction has been issued and the noise is deemed excessive, a noise control officer and the police will enter the property and remove and impound the stereo or other equipment causing the noise; or
- Verbally require the occupant to immediately reduce the noise.
If a number of written directions are issued to a property, then an abatement notice may be issued. This means that if justified noise complaints are received, the stereo or noise making equipment may be removed by the noise control officer and the police without a written direction being issued.
If the police are not able to accompany the noise control officer or there is a risk to safety, then the matter will be dealt with the following working day.
If a noise complaint is in a township other than Hokitika, Kaniere or Kumara or their immediate rural environment, Council will request that the Police respond, and the Police will attend if they are able. The ability of the Police to respond is dependent on available resources and other priorities at the time.
How is noise reduction enforced?
A written direction is given to the person making the noise. If the excessive noise is not stopped the noise control officer together with a police officer can enter the premises and:
- Remove whatever is making the noise;
- Take away working parts;
- Lock up or seal off the object making the noise; or
- Take any other steps needed to reduce the noise.
- Further legal action may also be taken.
What happens to equipment that is seized?
Any equipment taken by a noise control officer can be reclaimed from the Council Office. Impounded stereo or other equipment may be returned to its owner at council’s discretion. To reclaim your impounded property you will need to:
- Provide proof of your identity and ownership of the property.
- Pay the impounding fee of $150 in full.
Noise from an industrial or commercial property
Noise complaints received about industrial or commercial activities are assessed with the District Plan noise levels or the consent conditions applied. A Council Officer will carry out noise monitoring. If the noise levels are exceeded then a written direction and/or abatement notice can be issued.
An abatement notice requires the noise level to be reduced to comply with the District Plan or consent conditions.
Court action can be taken if there is a continual non-compliance.
If you believe that any notice or action taken to reduce noise is not fair, you can appeal to the Environment Court. The noise must be reduced until the appeal is heard.