 Noise controlWhen noise annoysAt any time of the day or night you have the right to have excessive noise stopped or reduced. Council noise control officers will investigate, assess the noise level and ensure it is reduced if it is considered excessive under the Resource Management Act 1991. Contact Hamilton City Council on 838 6699, 24 hours a day, 7 days a week.
Resource Management Act 1991The noise control provisions of the Resource Management Act 1991 are designed to:
The Act points out that it is your duty, as an occupier of land, not to make noise that disturbs or annoys people by ensuring noise does not exceed a reasonable level. Noise in your neighbourhoodEverybody should expect some degree of noise in their neighbourhood from time to time. Noise control is not intended to regulate everyday residential activities such as mowing lawns and vehicles driving on the road etc. If you have a problem with noise from your neighbour's place, try speaking with them first. Often a friendly word over the fence is all that is required. While such noise may be a nuisance to you temporarily, provided the hours of operation are reasonable, noise control may not consider the noise excessive or unreasonable. What is excessive noise?Excessive noise is noise under human control and of such a nature as to unreasonably interfere with the peace, comfort and convenience of any person. The affected person must not be in or at the same place where the noise is being emitted. The noise may be emitted from such sources as musical instruments, electrical appliances, machines and also from a person or group of persons. Loud party and stereo noise are by far the most common complaints, followed by building alarms, and noise from licensed premises. Exceptions from the definition of excessive noise include aircraft involved in flight, or in ground flight operations (taxiing, take-off etc), vehicles being driven on a road, and moving trains. Assessment of excessive noiseExcessive noise complaints are investigated by a security company under contract to Council. The key wording in the definition of excessive noise is 'unreasonably interferes'. This implies that noise can cause 'reasonable' interference. So the main issue for the noise control officer is to determine whether the noise is unreasonable or not when investigating noise complaints. Factors that are taken into account when making this determination include:
On investigation of a complaint, if the noise is deemed excessive, a noise control officer or a Police officer may direct the occupier or person responsible for causing the noise to immediately reduce it to a reasonable level. The assessment required is subjective and no noise measurements have to be taken. Once a direction to reduce noise to a reasonable level has been given, nobody on the premises may generate excessive noise for 72 hours. How to make a noise complaintNoise complaints should be made to the Council's 24-hour telephone number: 838 6699
Unreasonable noiseThere are certain noisy activities in our community that noise control cannot reduce or abate immediately such as continuous industrial or commercial noise and on-going business-related noise. In these situations noise measurements are normally required over a period of time. Noise from building and construction activities are also controlled by Council. Noise from these activities are required to comply with the NZ Standard on Construction Noise which allows construction-related noise Monday to Saturday within set hours. What happens in cases of unreasonable noise?Complaints are investigated by a member of the Environmental Technical Team and measurements may be taken to determine if the noise is breaching the Noise Rules contained in the Hamilton District Plan. Anyone making unreasonable noise may be served an Abatement Notice. This notice requires action to be taken to reduce the noise to a reasonable level within a defined period of time. How is noise control enforced?Anyone making unreasonable or excessive noise can be fined up to $10,000. If excessive noise is not reduced to a reasonable level following the issue of an excessive noise direction, the noise control officer accompanied by a Police officer may enter the premises and:
You may also face a fine of up to $10,000 if you fail to comply with a direction to reduce the noise to a reasonable level. What happens to equipment that has been seized?The noise control officers may remove equipment, such as stereos and amplifiers, if the owners don't reduce excessive noise to a reasonable level for 72 hours after a written direction has been issued by noise control officers. Any equipment taken by a noise control officer can be reclaimed from the Council offices in Garden Place when we are satisfied that its return will not lead to resumption of noise beyond a reasonable level. You will be required to complete an application form saying the excessive noise won't continue if the equipment is returned to you. You will have to provide proof you own the equipment, such as warranty, sale or hire purchase documents including - if possible - serial numbers and provide proof of ID (driver's licence or similar). The costs incurred in removing and storing equipment are payable before the equipment is returned. If Council receives further complaints after returning your equipment to you, it is unlikely it will return it if seized a second time. Contact Hamilton City Council on 838 6633 Ongoing noise problemsFor problem places further action can be taken to achieve the required outcome. This includes the issue of a formal abatement notice, issued under the Act. Non-compliance with this notice carries severe penalties. Immediate fines are also imposed in some cases on non-compliance with either a written direction or an abatement notice. These are called infringement fines and are $500 and $750 respectively. How to be a good neighbourYou cannot get a permit to make noise for a party, or play your stereo on full or to use that skill saw, but there are some things that you can keep in mind:
Does the Act cover all types of noise?No. There are other kinds of noise, which are specifically covered or controlled by other pieces of legislation. For example:
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