Bothered by noise? There’s no need to suffer

What you can do about noise?

It's a fact of life that we all make noise.  Whether we are talking to others, playing music, entertaining, driving in our cars or just going about our daily business.

What is a noise to one person may be pleasurable to another.  Excessive noise can reduce the quality of life, and in some extreme cases, even destroy it entirely.

If noise is upsetting your life then the following information can show how you may be able to overcome the problem in a number of positive and constructive ways.

We hope to give you some brief, but useful, information on how to overcome noise problems.  All the advice we give applies to  New Zealand, and is a guide to your rights and to the sort of action you can expect from your local authority (district or city council).  It is not an authoritative interpretation of the legislation.

Sound levels in decibels 120 Discothèque - 1m in front of loudspeaker 100 Pneumatic drill at 5m 90 Heavy goods vehicle from pavement; powered lawnmower at operators ear 70 Vacuum cleaner at 3m; telephone ringing at 2m 50 Boiling kettle at 0.5m 40 Refrigerator humming at 2m 0 Threshold of hearing

What is noise?

Noise is generally regarded as unwanted sound.  It could be too loud, too intrusive or just happen at the wrong time or without warning.

For example, nobody enjoys being woken up in the middle of the night by a faulty burglar alarm or by a neighbour playing loud music in the early hours of the morning.

Sound is measured in decibels but volume is not the only thing that can affect our response to sound.  Unexpected sound, repetitive base beats, screeches or whines can be just as annoying.

In the table we have illustrated some examples of typical sound levels.  In the next  section we tell you what to do about these and other noises which are a problem.

For practical advice on how to help avoid being the cause of a noise nuisance see the information in Minimising Neighbour Noise.
 

A quiet word about noise and formal action

If you are concerned about the noise coming from a neighbour's home, a local business or manufacturer, or noise from a stationary vehicle and equipment on the street, often the best way is to go to the source.

Talk to the person or company responsible for the noise and point out the problem.  You may find they are unaware that they are disturbing you.  Remember, we may all be guilty of making noise at some time without  knowing it.  The problem is not always one of inconsiderate behaviour; even homes that have reasonably good sound insulation may not cope with noise from powerful modern equipment.

Taking formal action

When informal action is not possible or fails, you can resolve the problem by taking formal action.  The most common route involves complaining to your local council about the noise problem.  Local authorities have a duty to investigate complaints of  noise from premises (land and buildings) including noise from machinery or equipment.  Under section 23 of the Health Act 1956 local authorities have a duty to deal with any noise which they consider to be a statutory nuisance.  In dealing with a noise nuisance they will usually use the excessive noise control provisions in the Resource Management Act 1991.

As well as dealing with existing problems, these controls also cover noise that is expected to occur or recur.  For legal purposes, noise includes vibration.

Who do I complain to?

If you want to make a complaint about noise, you should contact an Environmental Health Officer at your local authority, the number will be in your local telephone directory.

What is excessive noise?

Excessive noise means any "man-made" noise which unreasonably interferes with the peace, comfort and convenience of any person.

It includes noise made by:

any musical instrument or music, (whether amplified or not), electrical appliance, powered machinery (includes vehicles operating on private property), explosion or vibration or persons or groups of persons (eg singing and shouting).

It does not include noise caused by:

aircraft normal traffic noise on a public road or trains (unless in railway yards or in railway stations).

Making a noise complaints

Most Councils operate a 24-hour Noise Control Service.  If you consider that you are being subjected to unreasonable and excessive noise, telephone your Council's Noise Control Service (find their number in the local telephone directory).

The complaint should be made while the noise is occurring, give details of the type of noise, its location and source (if known),  its duration and frequency. Give a return phone number so that the Noise Control Officer can call you back and confirm that the site has been visited and to explain any action that may have taken.

What can the Council do?

The Noise Control Officer will assess the noise being emitted and, if the noise is judged to be excessive, an Excessive Noise Direction can be served on the occupants of the property requiring them to reduce or cease the noise.

The Excessive Noise Direction will stipulate what action the occupier must take to ensure that excessive noise ceases, the Direction remains in force for 72 hours.

If the occupant of the property refuses to comply with the Direction, or no occupant is present, or if there is a repetition within 72 hours of the first notice, then the Noise Control Officer may enter the property with the police and either seize or inactivate the  noisy equipment. If the equipment is seized, a charge will be made before it is returned to its owner (Failure to comply with a  noise Direction could result in a fine of up to $200,000 plus a maximum of $10,000 per day for as long as the offence continues).