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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Excessive noise

327: Issue and effect of excessive noise direction

You could also call this:

“How police or officials can tell people to be quiet when they're making too much noise”

If someone complains about too much noise coming from a place, an enforcement officer or police officer can check it out. If they think the noise is too loud, they can tell the person making the noise to turn it down right away. They can give this order in writing or just by talking to the person.

When they give this order, it means the person who’s making the noise, and anyone else involved, must stop making too much noise. This rule lasts for up to 72 hours, or less if the officer says so. The rule starts as soon as the order is given.

If you’re told to stop making too much noise, you and anyone else involved can’t make or help make loud noises from that place or nearby during this time.

Officers can use this power as well as other ways to deal with unreasonable noise. They can give out abatement notices or ask for an enforcement order to stop the noise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238596.

Topics:
Crime and justice > Police and safety
Government and voting > Local councils
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326: Meaning of excessive noise, or

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

Next

328: Compliance with an excessive noise direction, or

“When someone is told to stop making too much noise, they must follow the rules right away.”

Part 12 Declarations, enforcement, and ancillary powers
Excessive noise

327Issue and effect of excessive noise direction

  1. Any enforcement officer, or any constable acting upon the request of an enforcement officer, who—

  2. has received a complaint that excessive noise is being emitted from any place; and
    1. upon investigation of the complaint, is of the opinion that the noise is excessive,—
        1. may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level.

      1. A direction under subsection (1) may be given in writing or orally.

      2. Every direction under subsection (1) shall prohibit the person to whom it is given, and every other person bound by the direction, from causing or contributing to the emission of excessive noise from or within the vicinity of the place at any time during the period of 72 hours or such shorter period as the enforcement officer or constable specifies, commencing at the time the direction is given.

      3. The powers under this section are in addition to the powers under sections 322 to 325 to issue abatement notices relating to unreasonable noise and to seek an enforcement order under section 316.