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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:

"Stopping excessive noise: what you must do when told to be quiet"

If you get a direction to stop making excessive noise under section 327, you must follow it right away. You have to stop making the noise immediately. If you are at a place where someone has been told to stop making excessive noise, you must also follow the direction.

If you do not stop making the noise, an enforcement officer or a constable can enter the place and take action. They can seize or remove anything making the noise. They can also make it unusable by removing a part or locking it.

If the person making the noise cannot be found, an enforcement officer or a constable can still enter the place and take action. They can seize or remove anything making the noise or make it unusable. After they take action, they must leave a notice at the place with important information.

The notice includes a copy of the direction to stop making excessive noise under section 327. It also includes details like the date and time of the entry and the name of the person in charge. You can find more information about the entry at the address listed on the notice.

Enforcement officers and constables can get help if they need it. Constables can use reasonable force when taking action.

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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 planningCrime and justice > Police and safety
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327: Issue and effect of excessive noise direction, or

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

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"A rule that lets local authorities limit water use and pollution when there's not enough water"

Part 12Declarations, 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).