Unreasonable noise

Noise from parties, stereos, power tools, lawnmowers and chainsaws are part and parcel of urban life. But sometimes the volume or timing of the noise makes it illegal. Under the Resource Management Act landowners have a duty to avoid making "unreasonable" or "excessive" noise.

So what do you do when it's 3am on a weeknight, and you've lain awake for the past four hours listening to drunken revelry coming from next door? If it's a one-off, you might just ignore it, but if the neighbours have partied every night since they moved in a week ago, your nerves are probably starting to fray.

The best approach is usually to discuss the situation with them - preferably when they're sober! If this doesn't work, contact your local council. It has an obligation under the RMA to control noise emissions and to this end will have a 24-hour noise-control service.

Noise control officers

Depending on the circumstances, the council can dispatch a noise control officer (NCO) who will visit your neighbours and if necessary issue an "excessive noise direction" notice.

The notice states that unless the excessive noise stops immediately, the source of the noise will be removed. In the case of a party in the middle of the night, the stereo has to be turned down to a reasonable level, but not off.

If however, the source was unable to be turned down (for example, a power tool), the NCO can order that it be turned off.

If the unreasonable noise returns after the NCO has left, call the council back. They'll dispatch the NCO again, usually accompanied by the police. If the NCO decides the noise is still excessive, they can (accompanied by police) enter the house, by force if necessary, and seize the stereo.

Although most complaints involve late-night parties, NCOs also attend complaints involving noisy bars, construction sites, alarms, buskers and even roosters!

Factors that contribute towards noise being excessive or unreasonable include loudness, time of day, background noise and how often the noise is taking place.

For more information see our full report on noise control.