Section 16 of the Resource Management Act (RMA), which requires that the occupiers of all premises take steps to ensure that any noise emitted does not exceed a 'reasonable level'.
Section 38 of the RMA enables Noise Enforcement Officers to assess noise based on its effect on neighbouring premises. A sound level meter is not necessary for this assessment.
If Enforcement Officers consider noise to be excessive a notice may be issued prohibiting the emission of further unreasonable noise. If such notices are not complied with, The Enforcement Officer may with the assistance of the Police, seize and remove, render inoperable, lock or seal any equipment. If the owner of such equipment applies for its return, the District Council will decide whether to return it or not and also the fee payable to cover the cost of seizure and impoundment.
The Wairoa District Council wishes to avoid such drastic action and would prefer that individuals take responsibility themselves to ensure that whilst they enjoy activities on their premises they do not impose the effects of those activities upon their neighbours.
It is recommended that if activities which are likely to generate noise such as parties, the operation of powered equipment etc are planned, that these be discussed with neighbours. Neighbours should be advised when the activity will be end and this should be adhered to. Noise levels should nevertheless be contained within reasonable limits so that neighbours are able to tolerate the activity for its duration.
It will also be appreciated that every call-out involving a noise Enforcement Officer represents a cost to the community. Your co-operation in adopting a reasonable approach to activities that generate noise will contribute to making our community a more pleasant environment in which to live.
If your property has been seized due to noise control complaints, please click here for the declaration for return of seized property form.
For more information relating to Noise Control, please contact the Wairoa District Council.
+64 6 838 7309