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Planning Bill

Enforcement and other matters - Enforcement - Excessive noise directions

249: Compliance with excessive noise direction

You could also call this:

"What to do if you're told to stop making too much noise"

Illustration for Planning Bill

If you get a direction to stop making excessive noise, you must follow it straight away. You also have to follow the direction if you know it has been given for a particular place and you are there. If someone does not follow the direction, an enforcement officer or constable can enter the place and take away or disable the thing making the noise. If the person responsible for the noise cannot be found, an enforcement officer or constable can still enter the place and take away or disable the thing making the noise. They must then leave a copy of the direction and a notice with details of what they did. You can find out more about the entry by contacting the office listed on the notice. Enforcement officers and constables can get help if they need it, and constables can use reasonable force if necessary. They have to act reasonably when exercising their powers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1528937.

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248: Issue and effect of excessive noise direction, or

"What happens when someone complains about excessive noise"

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Part 6Enforcement and other matters
Enforcement: Excessive noise directions

249Compliance with excessive noise direction

  1. Every person who is given a direction under section 248 must immediately comply with the direction.

  2. Every person who knows or ought to know that a direction under section 248 has been given in respect of a particular place must comply with that direction as if they 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 any instrument, appliance, vehicle, aircraft, train, or machine (the item) that is producing or contributing to the excessive noise; or
    1. render the item inoperable by the removal of any part from it; or
      1. lock or seal the item so as to make it unusable.

        1. If a direction under section 248 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 the item from the place; or
          1. render the item inoperable by the removal of any part from it; or
            1. lock or seal the item so as to make it unusable.

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

              2. a copy of the relevant written excessive noise direction issued under section 248; 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.