Resource Management Act 1991

Duties and restrictions under this Act - Noise

16: Duty to avoid unreasonable noise

You could also call this:

"Keep the noise down to a reasonable level on your land or in the water."

If you occupy land or do something in or under a water body, you must try to keep noise levels reasonable. You should choose the best option to ensure noise from your land or water does not exceed a reasonable level. This applies to any land, premises, or coastal marine area.

You must be aware that there are rules, such as national environmental standards, plans, or resource consents, that can set noise emission standards. These rules can be found in sections like sections 9, 12, 13, 14, 15, 15A, and 15B, and they can prescribe noise emission standards without being limited by the need to keep noise levels reasonable.

These rules can help you understand what a reasonable noise level is and how to achieve it.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231995.


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17: Duty to avoid, remedy, or mitigate adverse effects, or

"Look after the environment and fix any harm you cause"

Part 3Duties and restrictions under this Act
Noise

16Duty to avoid unreasonable noise

  1. Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the coastal marine area, shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level.

  2. A national environmental standard, plan, or resource consent made or granted for the purposes of any of sections 9, 12, 13, 14, 15, 15A, and 15B may prescribe noise emission standards, and is not limited in its ability to do so by subsection (1).

Notes
  • Section 16(1): amended, on , by section 14 of the Resource Management Amendment Act 1993 (1993 No 65).
  • Section 16(2): replaced, on , by section 16 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).