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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:

“Excessive noise is any loud sound that can bother other people, with some exceptions.”

In this law, excessive noise means any sound that people can control and that unreasonably disturbs the peace, comfort, and convenience of others. However, it doesn’t include noise from:

  1. Aircraft that are flying or about to take off or land
  2. Vehicles driving on a road (as defined in section 2(1) of the Land Transport Act 1998)
  3. Trains, except when they’re being tested while not moving, maintained, loaded, or unloaded

The law also says that excessive noise:

  1. Includes noise that is louder than what’s allowed by national environmental standards
  2. Can come from things like musical instruments, electrical appliances, machines, people, explosions, or vibrations

Remember, this law is about noise that people can control, so it doesn’t apply to natural sounds like thunder or waves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238589.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 12 Declarations, 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).