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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Excessive noise

326: Meaning of excessive noise

You could also call this:

"What is excessive noise that disturbs people's peace and comfort?"

Illustration for Resource Management Act 1991

When you hear the term excessive noise in this Act, it means any noise that people can control and that interferes with someone's peace, comfort, and convenience. This does not include noise from aircraft flying, vehicles driving on a road as defined in section 2(1) of the Land Transport Act 1998, or trains unless they are being tested, maintained, loaded, or unloaded. Excessive noise can be noise that is too loud according to a national environmental standard. You might make excessive noise with a musical instrument, an electrical appliance, a machine, or even just by being loud, and it can also come from explosions or vibrations.

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Part 12Declarations, enforcement, and ancillary powers
Excessive noise

326Meaning of excessive noise

  1. In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any—

  2. aircraft being operated during, or immediately before or after, flight; or
    1. vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998); or
      1. train, other than when being tested (when stationary), maintained, loaded, or unloaded.

        1. Without limiting subsection (1), excessive noise—

        2. includes noise that exceeds a standard for noise prescribed by a national environmental standard; and
          1. may include noise emitted by—
            1. a musical instrument; or
              1. an electrical appliance; or
                1. a machine, however powered; or
                  1. a person or group of persons; or
                    1. an explosion or vibration.

                    Notes
                    • Section 326(1)(b): amended, on , by section 215(1) of the Land Transport Act 1998 (1998 No 110).
                    • Section 326(1)(c): replaced, on , by section 54 of the Resource Management Amendment Act 1997 (1997 No 104).
                    • Section 326(2): replaced, on , by section 85 of the Resource Management Amendment Act 2003 (2003 No 23).
                    • Section 326(2)(a): amended, on , by section 119 of the Resource Management Amendment Act 2005 (2005 No 87).