Week 6 - People

5. Noise

5.7. Managing noise through enforcement

Extracted and summarised from Managing Noise Through Enforcement at www.qualityplanning.org.nz [a good resource site]

The primary duty relating to noise under the RMA (Resource Management Act ) is contained in s16. Section 16 of the RMA requires that noise is kept to a reasonable level by adopting the best practicable option. The duty applies to every person who occupies or carries out an activity within New Zealand’s territorial boundaries, including its coastal waters and the airspace above the land and water

District plans and regional plans may set out rules controlling noise, whether at source or receptor.

Noise controlled at source example: noise being emitted from a factory as measured at the site boundary
Noise controlled at receptor example: emission controls that require acoustic design of living apartments in commercial centres, to reduce the level of noise to specific levels as received by occupants.

Excessive noise definition

Key features of the definition in s326 of the RMA are:

It applies only to noise under human control (including that from a musical instrument, electrical appliance, machine, or explosion or vibration).
It can apply to noise from a person or group or persons (such as people in the outdoor courtyard of a bar).
The noise has to be of such a nature as to unreasonably interfere with the peace, comfort and convenience of any person (other than the person responsible for it).
It does not include noise form aircraft in flight (or immediately before or after flight), vehicles driven on roads, or trains (other than when being tested, maintained, loaded/unloaded).

Which procedures?

The difference between the powers and procedures available under the RMA for managing noise should be understood in terms of the outcomes sought, rather than the type or nature of the noise.

Nature of noise

Outcome sought

Tool

Noise from an on-going activity

Having operators consider methods that will best ensure reasonable levels are achieved over the long term.

Section 16 - Best practicable option
This requires the person responsible to consider alternatives, but also allows the local authority to educate the offender and negotiate the best possible outcomes in the longer term.

Short-term noise

Immediate cessation or reduction of the noise to a reasonable level.

Section 327 - Excessive noise direction.

This direction will last 72 hours.
If the noise does not stop, the enforcement officer, accompanied by a constable, can physically intervene to stop the noise.

When section 16 is applied the interaction between the operator and the local authority may result in an unopposed.

An abatement notice issued under s322(1)(c) of the RMA is usually the most effective and efficient enforcement procedure for contravention of s16. In practice, however, a local authority should be aware that enforcing the s16 duty may be quite time-consuming.

Identifying and implementing the 'best practicable option' may take months to implement because of the requirements of design, sourcing new equipment and skills, testing the solution, and building it. Alternatively, relocating the activity to an environment where the noise will have less impact may also take considerable time.