Laws on vehicle use

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12 years 3 months ago #30705 by sugarpie
Laws on vehicle use was created by sugarpie
hi, just wondering if anyone knows the legal side of making vehicular noise on private property? We have an absolute "neighbour from hell" who not only rides motorbikes at high rev but also has what looks like a dune buggy, riding it like a maniac and it's right next to the fence on our property so we can't escape it. We have called noise control and the local council won't help so I contacted the police and they won't help, referring me back to the council!! I can't find any legal stuff online, does anyone know anything about this? Thanks

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12 years 3 months ago #413899 by Aria
Replied by Aria on topic Laws on vehicle use
The laws relate to noise - it's regulated under the RMA - and so you need to check your local council's district plan to determine what level in decibels is permitted (and over what period of time) based on the type of zone you live in. For example, a lawnmower likely exceeds these noise levels - so it comes down to what is considered reasonable.

Then you need one of these;
www.sella.co.nz/motoring/car-parts-acces.../repair-kits/9jdhjl/

to measure the noise - and you need to keep a diary of what times of day and what the duration of noise is.

But I'd find out what the District Plan rules are for your area first before you buy any equipment. The Council ought to be able to refer you to where to get this information.

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12 years 2 months ago #414193 by igor
Replied by igor on topic Laws on vehicle use
Is he doing it in the daytime sugarpie? If so I don't think you have any legal right to moan about it. It is just a part of the rich tapestry of life in the country as is the open exhaust on my diesel tractor and the roosters that wake you at 0400. Your neighbour is enjoying his own piece of paradise in his own way.

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12 years 2 months ago #414224 by Hawkspur
Replied by Hawkspur on topic Laws on vehicle use
As Aria, says, it is covered under the RMA, and the Council are the people to talk to.

The Act in summary says:
every person occupying land should ..." shall adopt the best practicable option to ensure that the emission of noise from that land or water does not exceed a reasonable level." (part 3 16.1)

and that a function of every Territorial Authority is "the control of the emission of noise and the mitigation of the effects of noise" (Part 4 31.1 d)

and defines excessive noise as:
"Excessive noise is noise under human control and of such a nature as to unreasonably interfere with the peace, comfort and convenience of any person."(Part 12 326)

Individual Councils may have set limits on what they deem is excessive noise from certain activities, at particular locations and times, in which case a record of noise levels may be required, but even if they haven't set limits:

"Any enforcement officer, or any constable acting upon the request of an enforcement officer, who—
  • (a) has received a complaint that excessive noise is being emitted from any place; and
  • (b) upon investigation of the complaint, is of the opinion that the noise is excessive,—
may direct the occupier of the place from which the sound is being emitted, or any other person who appears to be responsible for causing the excessive noise, to immediately reduce the noise to a reasonable level." (Part 12 327)

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12 years 2 months ago #414226 by Huggiechook
Replied by Huggiechook on topic Laws on vehicle use
Have you tried talking to them?

Quarter Acre with Veggie Garden, Fruit trees, Berry bushes, Chicken run, Mushroom farm, Playground - and yes I manage to live there too [;)]

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12 years 2 months ago #414301 by DiDi
Replied by DiDi on topic Laws on vehicle use
sugarpie you are not alone with this as it has been discussed on this site on a number of occasions. Aria and Hawkspur's advise is right on the money legally but so is Huggiechooks.

The first line of defense is to talk with the neighbour, if that is an option and say, we don't mind you using the bikes for 30 minute periods with a three hour break but this is doing our heads in. (actually reverse that sentence!)

There is an arrogance out there from people who have bought their rural property for just this reason or so they can let their dogs run free.

If you can get your neighbour to want to work with you to the point where they will can it totally on a Sunday when you have a family barbie planned - then you are making progress! Yes there is a noise level and no you should not have been flicked off by the noise Control person (they will try!) but not knowing what area you are in, it is difficult to look this up for you and give you a definitive answer.

Try in the first place to work out a schedule with your neighbour that you can both live with. From my past experience, they will slow down the riding big time sooner than you would anticipate! Bored etc. Off to the local track. Let's hope so for you.

Igor - the noise of your tractor is nothing in comparison to what these bikes make and no, racing bikes in nothing like normal rural noise. How many farmers race quad bikes when bringing in the cows?

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12 years 2 months ago #414326 by RhodeRed
Replied by RhodeRed on topic Laws on vehicle use

DiDi;410880 wrote: How many farmers race quad bikes when bringing in the cows?


Wouldn't that all depend on whats being cooked for breakfast afterwards ? [;)]

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12 years 2 months ago #414404 by bevhawkins
Replied by bevhawkins on topic Laws on vehicle use
Where are you Sugapie? At first I thought you were writing about 'us'. We have motorbikes and a RZR(looks like a dune buggy), we brought our land for our family to enjoy. Its not a public road so the police will not be interested and country life is noisy, we have neighbours that start shooting on Sunday evenings and we do not complain. Everyone has to learn to live with everyone else round here! :D

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12 years 2 months ago #414406 by Cinsara
Replied by Cinsara on topic Laws on vehicle use
The peace and quiet of the country is a falacy, well here in NZ it is as we don't really have "the country", we have farmland and the city basically both of which are as noisey as all heck.

>

Save the Earth... it's the only planet with chocolate!

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12 years 2 months ago #414554 by KiplingAngel
Replied by KiplingAngel on topic Laws on vehicle use
lol

as I'm sitting here our neighbour across the road has given his kid (10 - 12 yr old) a quad, and he runs it up and down the driveway and paddock just in front of our place. It goes from about 3.30 in the afternoon till dark most school days, and most of the day on the weekends. He's not actually doing any work, just blasting around on it.
Not much we can do about it, as these neighbours won't even look up or wave when they go past, and we've been here for 20 months now... So we just hope he outgrows it... eventually...

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12 years 2 months ago #414906 by llvonn
Replied by llvonn on topic Laws on vehicle use
Hi there
I am in a rural residential area so the laws may be different. Last year I had the neighbour from hell (ended up getting a protection order against him). One of the things he did was excessive noise. The rules in our area are that if the noise is constant for a long period of time during the day then you can ring them and if the noise is still happening half an hour later then ring again and then they would send someone. I live 20 minutes from town so that usually meant that the noise was going on for an hour or so.
I would recommend what keeping a diary of dates and times - this can be used in legal matters. If you can record the decibel level that would help your case. Being rural some noise is more acceptable than in the city - ie roosters crowing (although constant crowing at 4 am could legitimately be counted as nuisance - whereas 6am not so much. Dogs barking for an hour solid - no.
It would also depend on how close the houses are and how close your house is to a boundary.
If possible talk to your neighbour and see if they could limit it or find another area to do this where it is not so annoying. If that fails get on to the Council, talk to your elected Council member - that often has a direct response and if you have kept records then that will give your case more clout.
Also, in your notes it is useful to note the conditions of the noise in relation to your position. For example are your windows shut or open. Can the noise be heard throughout the house? Are you able to do simple things like listen to the computer or TV, talk on the phone. Noise at this level over an unnecessarily extended period of time actually effect your ability to enjoy your property and then therefore will hold more clout.
Hope this information helps.

1 Border Terrier, 5 hens, 5 chicks, an orchard and vege garden. All on 350 square metres.

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12 years 2 months ago #414923 by DiDi
Replied by DiDi on topic Laws on vehicle use
I agree with every word you say IIvonn and have no idea why so many people on this site take it as a given that your neighbour can do whatever the hell they like noise wise and you have no comeback. Nonsense. As pointed out - it is in the RMA Act.

I lived on a hill above market gardening and had no problem with the guys coming in and using their tractors for a few hours every couple of weeks - because they weren't there for the next two weeks! Constant noise daily whatever the hours is the issue and not acceptable

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11 years 7 months ago #441210 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
It's now October 2012 and they are still doing it. At first the council wouldn't do anything so I contacted the police who referred me back to the council and the relevant legislation. So after that the council decided that yes they would handle it - they told me to ring the 0800 number for noise control any time of the day or night. I have rung twice today with no signs of anyone turning up, so I don't know what's going on. Of course by the time anyone did turn up they would have stopped!! So it's a strange situation - I believe I am entitled to enjoy my property and the noise from the neighbours is preventing me from doing that but the prevailing opinion seems to be that the neighbours are allowed to enjoy their property as they see fit. That's all good and well but why aren't I allowed to enjoy the relaxed lifestyle I want yet they allowed to enjoy the rowdy lifestyle they want?
I've been trying to find some legislation regarding this situation but everything I find seems to say there are limits on noise levels and times etc. but no-one seems to want to enforce it. I can't afford a lawyer otherwise I would go that route.

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11 years 7 months ago #441211 by DiDi
Replied by DiDi on topic Laws on vehicle use
sugarpie - what Council area are you in?

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11 years 7 months ago #441216 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
Hi Didi we are on the kapiti coast, otaki. This thread actually relates to several by member (removed) which I have just found and have been reading. they were the previous owners and never mentioned any of this to us when we bought it, pretty disappointing, but I'm still wondering why the council are taking a hands off approach? BTW the dogs mentioned in (removed)'s posts are still here, still doing the same things. Does any one know who the ranger was that attended because I'd like to contact him. The strange son she mentioned is still here, covered in tattoos. They just spent several hours revving motorbikes around the infamous "back paddock". I really want to do something about this but the council won't come to the party.

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