Resource Management Act: RMA Link: Topics: Details

Most noise issues in the community are dealt with by local and regional authorities through the provisions of the RMA. Typical sources of noise include:

• Airport, port operations
• Traffic on major roads
• Industry – timber mills, heavy industry
• Rural activities – bird scarers, helicopters used for frost protection, harvesting operations
• Residential noise – parties, loud music

Under Section 16 of the Act, there is a general duty to avoid making unreasonable noise. This applies to every occupier of land, and every person carrying out an activity on land or in the coastal marine area.

Noise control rules are included in most District Plans and Regional Coastal Plans, as provided for in the Second Schedule of the Act.

Consent authorities can place limits on the amount of noise produced by a land use activity, through conditions on the applicant’s resource consent. Noise management plans may be required for ports, airports or industrial activities. These outline specific measures site operators will take to minimise or mitigate noise effects, restrict noise to certain time periods, and address the concerns of their neighbours.

Enforcement
The Act gives local authorities enforcement powers to control unreasonable or excessive noise. An Excessive Noise Direction (sections 326-328), issued by a council officer, requires that noise be immediately reduced. This provision is used to deal with situations such as noisy parties or loud music.

An Abatement Notice (sections 322-325) requires the person causing noise to comply with the conditions of their resource consent, the rules of the district plan, or the ‘general duty’ requirements of the RMA. The notice specifies a time limit for compliance – this can be immediately.

An Enforcement Order (sections 314-321) is an order by the Environment Court requiring that a person or land use activity causing unreasonable noise must cease to do so, or keep noise levels within prescribed limits. An enforcement order can enable conditions on a resource consent to be changed. Individuals or communities who are affected by noise can ask their council to apply for an enforcement order, or can apply directly to the court themselves.

Common law remedies (the tort of nuisance) are also available to deal with noise, and might be used as a last resort in some situations, e.g. when compensation is being sought.

NZ standards provide useful guidance for writing plan rules, or for dealing with noise issues associated with a specific site or land use activity.

District Plan Provisions
Best practice approaches for controlling noise through district plans are discussed in chapter 9 of the MFE publication ‘Managing Rural Amenity Conflicts’, p57-86. The discussion includes examples of effects-based standards for noise that are relevant to commercial/industrial/residential as well as rural situations.

Check that your district plan sets basic standards for noise (decibel limits for both daytime and night-time noise levels), and addresses mitigation of noise effects.

More strict noise limits may be appropriate for sensitive environments, e.g. wilderness, recreation areas, significant wildlife habitats (refer NZS 6801:1999 for guidelines)

Are noise management plans required for land use activities that produce significant noise? (e.g. ports, airports, large industry).

What is the review period for resource consent conditions that relate to noise? Communities may request a short term, i.e. 3 or 5 yearly review, if excessive noise is an issue.

Relevant Sections of the RMA
Sections 9, 12, 13, 14, 16, 17, 104.
Part XII, Sections 310-328.
Second schedule

 

Available: Standards New Zealand, 155 The Terrace, Private Bag 2439, Wellington.
Visit their website www.standards.co.nz for price information.

PCE (2005) Hawke’s Bay Expressway: Noise and Air Quality Issues
Office of the Parliamentary Commissioner for the Environment, Wellington.
Investigation into impacts of Hawke’s Bay’s main arterial traffic route on nearby residents. 14 recommendations to deal with problems resulting from poor planning decisions in the past.

Williams, D.A.R.(ed)(1997) Environmental and Resource Management Law in New Zealand. 2nd Edition.
Butterworths, Wellington. 694p ISBN 0-409-79014
Chapter 11, p465-502, discusses the assessment and measurement of noise, dealing with noise under the RMA and other relevant legislation, common law remedies, and includes case law until 1997.

PCE (1996) The Control of Noise, With Particular Reference to Airport Noise.
Office of the Parliamentary Commissioner for the Environment, Wellington.
Report explains relevant provisions of the RMA, airport designations, options for control and management of airport noise, Civil Aviation Act 1990 and associated regulations. Includes relevant case law.

PCE (2000) The Management of Noise from Aircraft Overflying Sensitive Environments.
Office of the Parliamentary Commissioner for the Environment, Wellington.

Local Government New Zealand (2001) Resource Management Enforcement Manual 2001 Update. Local Government New Zealand, Wellington.
Available free online at www.lgnz.co.nz
A manual for local authority staff, detailing procedures that should be followed when enforcing the various provisions of the Act. Includes Excessive Noise Directions, Abatement Notices and Enforcement Orders.

MFE (2001)Managing Rural Amenity Conflicts.ME 372
Ministry for the Environment, Wellington. 122p. ISBN 0-478-24006-6
Discusses a range of approaches for managing land users’ conflicting expectations, and reverse sensitivity issues that have become more common with the greater mix of activities in rural areas. Discusses noise issues.

Journal Articles

Palmer, K.A.(1997) Airport Noise Insulation.
Resource Management Bulletin. vol 2, p 18.

Web-Based Resources

 

• Careys Bay Association v Dunedin City Council C165/2002
• Hill Park Residents Association Inc v Auckland City Council A30/2003
• Queenstown Airport Corporation Ltd v Skipworth AP19/99