Most land in New Zealand is controlled by both a local Council (City or District) and a Regional Council. The local Council's responsibilities include land use planning, and monitoring and controlling noise. Regional Councils' responsibilities include public transport, pollution, flood management and smells. Four unitary Councils combine local and regional responsibilities - they are in Gisborne, Marlborough, Nelson and Tasman.
The Resource Management Act (RMA) defines our planning framework. It essentially requires you to "internalise" nuisance effects like smell, noise or pollution - that is, ensure they don't escape your property. It also specifies ways to object to or support new developments and penalties for breaking the rules. But the RMA accepts that some effects will inevitably spill over your boundaries into the wider environment - it's impossible to contain helicopter noise or pollen, for example. Reverse sensitivity cases acknowledge this and are one way of preventing land use conflicts.
Local rules apply
Different rules apply in different cities, districts and regions. All the cases and information given here is general - the situation with your council may be different. If you need more information on reverse sensitivity or other planning issues, talk to the planners at your local or regional council. You may also need advice from an independent planning consultant or a lawyer specialising in planning issues.
Our view
Covenants are a poor way to address reverse sensitivity problems. They don't solve problems and they haven't been tested in court. There are better ways to balance the needs of existing businesses with the expectations of new neighbours. Noise limits can be set higher in industrial or rural areas and controls can be placed on sensitive activities (like residences) establishing in the area.
Land Information Memorandums (LIMs) can be used to warn newcomers that they live in an industrial area. Existing use rights and consents protect current land uses. For more information about LIMs contact your local council.
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