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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Excessive noise

328: Compliance with an excessive noise direction

You could also call this:

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

If you are given a direction about excessive noise under section 327, you must follow it right away. This also applies if you know or should know that someone else has been given this direction for a specific place, even if you weren’t the one who got the direction.

If you don’t follow the direction immediately, an enforcement officer with a police officer, or a police officer alone, can come into the place without warning. They can take away, make unusable, or lock up any machine or device that’s making too much noise.

Sometimes, there might not be anyone around to give the direction to, or it’s hard to figure out who’s responsible for the noise. In these cases, an enforcement officer with a police officer, or a police officer alone, can still go in and deal with the noisy equipment.

When they do this, they have to leave behind a copy of the noise direction and a note. The note needs to say when they came in, who was in charge, what they did to stop the noise, and where you can ask questions about it.

Enforcement officers and police can get help from others if they need it to do their job. Police officers are allowed to use reasonable force if they have to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238597.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 12 Declarations, enforcement, and ancillary powers
Excessive noise

328Compliance with an excessive noise direction

  1. Every person who is given a direction under section 327 shall immediately comply with the direction.

  2. Every person who knows or ought to know that a direction under section 327 has been given in respect of a particular place shall comply with that direction as if he or she were the recipient of it, while on or in the vicinity of that place.

  3. If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable), or a constable may enter the place without further notice and—

  4. seize and remove from the place; or
    1. render inoperable by the removal of any part from; or
      1. lock or seal so as to make unusable—
          1. any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.

        1. Where a direction under section 327 is unable to be given because there is no person occupying the place from which the sound is being emitted or the occupier of the place cannot reasonably be identified, and there is no other person who appears to be responsible for causing the excessive noise, an enforcement officer (accompanied by a constable) or a constable may enter the place without notice and—

        2. seize and remove from the place; or
          1. render inoperable by the removal of any part from; or
            1. lock or seal so as to make unusable—
                1. any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.

              1. Where any enforcement officer or constable enters any place under subsection (4), he or she must leave in that place, in a prominent position,—

              2. a copy of the relevant written excessive noise direction issued under section 327; and
                1. a written notice stating—
                  1. the date and time of the entry:
                    1. the name of the person in charge of the entry:
                      1. the actions taken to ensure compliance with the excessive noise direction:
                        1. the address of the office at which inquiries may be made in relation to the entry.

                        2. Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.

                        3. Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances.

                        Notes
                        • Section 328 heading: amended, on , by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 328(4): replaced, on , by section 55 of the Resource Management Amendment Act 1997 (1997 No 104).
                        • Section 328(5): replaced, on , by section 55 of the Resource Management Amendment Act 1997 (1997 No 104).
                        • Section 328(6): inserted, on , by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 328(7): inserted, on , by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).