Noise ControlMana Tiaki Turituri

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.

Noise Complaints

We respond to complaints about unreasonable or excessive noise in the community and take action when the noise unreasonably interferes with your peace, comfort and convenience.

If at any time you are disturbed by excessive or unreasonable noise, call the Environmental Health Office at the Wairoa District Council. A noise control officer will assess the noise leaving the property concerned and if it is deemed to be excessive or unreasonable the noise level will be required to be reduced.

This does not, however, include noise from vehicles unless they are on private property.

After hours call the Wairoa District Council and you will be directed to make your complaint.

The Resource Management Act 1991

The noise control provisions under this Act are designed to:

• Protect the public from excessive or unreasonable noise
• Protect the rights of people and industry to make a reasonable amount of noise
• Set out obligations for all of us to keep noise to a reasonable level
• Enables Noise Enforcement Officers to assess noise based on its effect on neighbouring premises. A sound level meter is not necessary for this assessment.

Noise Not Covered By The Act

There are situations where we cannot help as the type of noise is specifically covered or controlled by other legislation. The most common situations include:

• Barking dogs - Dog Control Act, contact Wairoa District Council
• Noisy vehicles on the road - Traffic Regulations, contact NZ Police
• Noise within the workplace - Health and Safety in Employment Act, contact OSH
• Noise between tenants with the same landlord - Residential Tenancies Act, contact your landlord

Your Responsibilities

Under the Act, you must keep noise from your property to a "reasonable" level. Although there is no clear definition of what is "reasonable", generally noise should not disturb your neighbours or be clearly audible beyond your property boundary.

Noise In Your Neighbourhood

Everybody should expect some degree of noise in their neighbourhood from time to time. We do not regulate everyday activities such as mowing lawns, building construction, road repairs etc. While such noise may be a nuisance to you temporarily, provided the hours of operation are reasonable, we may not respond to such complaints.

Unreasonable Noise

There are certain noisy activities in our community that we cannot reduce or abate immediately. This is generally industrial or commercial noise. A full noise assessment and measurements may be carried out to determine if the noise level is in breach of any District Plan rules. If the noise is found to be unreasonable, we may serve an Abatement Notice requiring the noise to be reduced within a set period of time.

Excessive Noise

Excessive noise is under human control and defined as noise being of "such a nature as to unreasonably interfere with the peace, comfort and convenience" of any person. Loud party and stereo noise and noise from licensed premises are the most common source of complaints. Assessment of the noise is subjective and noise measurements do not need to be taken. If noise is excessive the Noise Control Officer will request that the noise be reduced to a reasonable level. This may be verbally or as a written notice which remains in force for 72 hours. If the noise is not reduced the Noise Control Officer, with Police assistance, may enter the premises and seize and impound the equipment or take away any working parts or lock or seal it to make it inoperable. f 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.

Planning A Party

If you are planning a party, be considerate of your neighbours and the community and take a few simple steps:

• Inform your neighbours about the event in advance
• Ask them to phone you if the noise is too loud
• Consider the time of your event - neighbours will be more tolerant during reasonable hours
• Keep window and doors closed to contain the noise
• Reduce the bass level of the music and keep guests inside

Band Practice

For regular band practices choose a location where the noise will not disturb others, such as an industrial area.

Having Problems With Noise?

If you have a noisy neighbour, try talking to them first. If the problem persists, phone the Wairoa District Council on (06) 838 7309. The Noise Control service is available 24 hours and an officer will respond to excessive noise (such as music) at the time of the complaint.

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.

Forms

If your property has been seized due to noise control complaints, please complete the declaration for return of seized property form.

Get your seized property back

Contact

For more information please contact the Wairoa District Council.

+64 6 838 7309
customerservices@wairoadc.govt.nz
97-103 Queen Street, Wairoa 4108
PO Box 54, Wairoa 4160