Noisy Neighbours – What can you do?

What can you do when a neighbour decides that Thursday nights are all night party nights, or you work from home and your neighbour operates some serious machinery throughout the day? If an amicable rational discussion with the neighbour does not remedy the situation, what are your rights and what recourse do you have to rectify the situation.

In the first instance, the Resource Management Act 1991 (RMA) sets out that every occupier of land, and every person carrying out an activity in, on, or under a water body or the coastal marine area has the duty to ensure that noise does not exceed a reasonable level. With respect to this, the RMA uses the term ‘excessive noise’ to mean any noise, under our control, that unreasonably interferes with the peace, comfort and convenience of another person. Excessive noise includes noise that exceeds a national environmental standard; and may include noise from a musical instrument, electrical appliance, machine (however powered), a person or group, or an explosion or vibration. It does not include noise from trains, aircraft, or vehicles being driven on a road.

Under the RMA, managing the effects of noise is a function of territorial authorities. Local councils have rules on the acceptable levels and hours of noise for zones contained in their district plan. This means that what may be considered a reasonable noise level in a city centre zone may not be in a residential one.

As part of their responsibility to manage the effects of noise, councils have a duty to investigate noise complaints. Where a noise control officer (enforcement officer) investigating a noise complaint is of the opinion that the noise is excessive, they can direct the person responsible to immediately reduce it to a reasonable level (termed an ‘excessive noise direction’). The direction lasts for 72 hours from the time it is issued.

If during the 72-hour period in which the direction is in force the person does not comply with the direction, an enforcement officer accompanied by a police officer may enter the premises and seize and remove equipment from the place, or render it inoperable, or lock or seal it so as to make the equipment unusable.

In the case where property has been seized, the owner of the property can apply to have it returned. However, the RMA allows for a council to refuse to return the property if they believe it is likely to lead to a repeat of the same problem.

If the noise issue relates to a tenanted property, an alternative can be to contact the landlord or property manager. Under the Residential Tenancies Act, the tenant has a responsibility to not “interfere with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.” A landlord can issue a tenant with a 14-day notice to remedy.

Working with a neighbour to resolve an issue is always preferable, however, where this is not possible it is comforting to know help is available.