Putting up with noise from parties, stereos, power tools, lawn mowers and chainsaws is part of the “live and let live” routine of urban life. But if you’re doing too much of the “let live”, you might want to take action. Here are some tips.
Under the Resource Management Act, property owners have a duty to avoid making “unreasonable” or “excessive” noise.
So what do you do when it’s 3am on a Wednesday and you’ve lain awake for the past four hours listening to drunken revelry from next door? If it’s a one-off, you might ignore it, but if the neighbours have partied every night since they moved in a week ago, your nerves are probably frayed.
The best approach is usually to talk it through with them – preferably when they’re sober!
If this doesn’t do the trick, contact your council. It has an obligation under the Resource Management Act to control noise emissions. The council will have a 24-hour noise control service.
Noise control officers
Depending on the circumstances, the council can send a noise control officer who, if it’s warranted, can issue an “excessive noise direction” notice.
The notice states that unless the excessive noise stops immediately, the source of the noise will be removed. In the case of a party in the middle of the night, the stereo has to be turned down to a reasonable level, but not off.
However, if the source was unable to be turned down (for example, a power tool), the noise control officer can order it be turned off.
If the unreasonable noise returns, call the council back. They’ll send someone, this time likely to be accompanied by police. If it’s decided the noise is still excessive, they can enter the house, by force if necessary, and seize the stereo.
Although most complaints involve late-night parties, noise control officers also attend complaints involving noisy bars, construction sites, alarms, buskers and even roosters!
Barking dogs
Apparently, barking dogs are the most stressful source of urban noise. If noisy barking is bothering you, contact the owners – if they’re at work all day they may not even know there is a problem.
Then, if necessary, call the animal control unit of your council. It is responsible for managing this problem under the Dog Control Act. A dog control officer will speak to the owner and suggest ways of stopping the barking.
The council may also issue a “bark abatement notice”, requiring the owner to ensure the dog ceases barking or is removed from the property. Offending owners can be fined $1500 and their dogs seized, and either sold or put down.
You can ask the dog control officer not to reveal your name or address to the owner, although the council will keep these details. If the matter goes to court, your identity will be disclosed, because you’ll have to give evidence.
Factors that contribute towards noise being excessive or unreasonable include loudness, time of day, background noise and how often the noise is taking place.
Keep informed at consumer.org.nz
Sue Chetwin CEO Consumer NZ
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