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Your neighbour is allowed to mow the lawn and use a drill around the section. What would happen if a busker who only knows 4 songs camped outside your window? Is there a steady stream of trucks and cars, all changing gear into a nearby intersection? Just how far does nightclub noise carry at 2am?įind out what steps the developer has taken to soundproof the apartment. If you want to buy in the inner city, check out your intended area late at night between Thursday and Saturday. Just how far does nightclub noise carry at 2am? Councils can act against excessive noise, but the permitted inner-city noise levels under most district plans are much higher than for residential areas. With bars, nightclubs and amplified buskers, not to mention traffic, the inner city is a noisy place.
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However, the factory may have existing use rights which could limit the extent of the action taken. The noise will be investigated and may have to be reduced if it exceeds the limits allowed in the district plan. If you already live by a factory which has become too noisy, contact the environmental health officer at your council. If you’re thinking about buying a house near an industrial area, spend a day there first to see what the noise is like. For example, they may set curfew hours for flights, noise limits for generators and engine-testing restrictions. These are specifically exempted from the excessive noise provisions of the RMA, but the police traffic branch has powers to deal with noisy vehicles operating on public roads.Ĭouncils can control airport noise through their district plans. When you go away, leave a contact number with a neighbour. Consider leaving a house key and instructions with a trusted neighbour. If you own an alarm, make sure it is set to turn itself off after a fixed time (say, 10 minutes). They can enter the property accompanied by the police to disable the alarm. If you can’t do this, phone your council. If an alarm keeps sounding, contact the owner. We discuss this further in our Dog control section. Failure to comply can also result in a fine. If the owners do not comply with the notice, the officer can remove the dog from the property. The officer can issue a notice to owners requiring them to quieten the dog. The RMA does not cover barking dogs, but the Dog Control Act 1996 allows the council’s dog control officer to act. If the problem affects a group of people, these costs can be shared.įurther information on enforcement processes and options to help resolve your concerns are outlined in the Ministry for the Environment’s publications Enforcement and Resolving Resource Management Act Concerns which can be downloaded from the Ministry’s website.ĭogs often bark when left alone and owners are sometimes not even aware of the problem. But if you have to hire expert advisers and lawyers, costs can quickly mount up to thousands of dollars. It costs $250 to apply for an enforcement order. Under the RMA anyone can apply to the Environment Court for an enforcement order to stop an activity which breaches the Act or is likely to adversely affect the environment. If the council won’t resolve a problem, you can take it further yourself. If the officers decide a noise is “excessive”, they can take immediate steps to stop it. What’s acceptable in the inner city and industrial zones may not be allowed in the suburbs. They work under guidelines for various zones contained in the district plan. The job of deciding what’s excessive or unreasonable falls to noise control officers employed by local councils. Frequency: You can use a chainsaw to cut branches off a tree, but you can’t set up a firewood business in a suburban backyard and have saws running all day.Length of time: You can have a really loud burglar alarm, but it should turn off after several minutes.But if they start a brass band that practises just over your back fence every lunchtime, you’ll have grounds for complaint. Background noise: If you live next to a school, you’ll have to accept the regular sounds of children playing.Time of day: Contractors can dig up your street during the day, but if they start work at first light on a Sunday you should complain.Loudness: The law does not accept that Miley Cyrus, or Sibelius for that matter, are excessive at just any level.The factors that might make noise excessive or unreasonable include: Under the Resource Management Act (RMA), people are not allowed to make “excessive” noise and must ensure noise from their property does not reach an “unreasonable” level.