Laws on vehicle use

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11 years 7 months ago #441222 by llvonn
Replied by llvonn on topic Laws on vehicle use
Have you gone specifically to your local council member. Yes they are allowed to enjoy their property as long as it does not effect the enjoyment of yours. I hop you have kept a diary. Take it to one of the Council members. They can be highly useful in advocating on your behalf.
Are they as regular as clockwork with their behaviour? If so, requesting they spend time at you house over a cuppa may be an option.
Also, do you have a video camera? If you can record the noise level inside your house with the door and windows shut - that may help. Additionally showing a timeline of it being of a repetitive nature.
If worst comes to worst you could go to Fair Go or your local MP

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

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11 years 7 months ago #441246 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
thanks llvonn yes i am going to try those options. i have some video but the guy I was talking to at the council said they couldn't use it, I would have to take a civil case to use it as evidence, sounds pretty crazy to me. Thanks for your help, I appreciate it as we are slowly going mad with frustration!!! cheers

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11 years 7 months ago #441295 by igor
Replied by igor on topic Laws on vehicle use
I stand by my earlier post.

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11 years 7 months ago #441353 by llvonn
Replied by llvonn on topic Laws on vehicle use
Join Consumer and ask them. Just read a few articles on the website - you may be able to go to the disputes tribunal over it - Just make sure you have documented it properly. www.consumer.org.nz/reports/neighbourhoo...s/unreasonable-noise

Igor, I disagree - Yes a person is entitled to enjoy their property, but not at the expense of the neighbours enjoyment. Extended unreasonable noise is different. They can choose not to drive the buggy/bike at high rev or near the boundary. The neighbour has no choice.

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

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11 years 7 months ago #441357 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
Yes I disagree with Igor too. I am enjoying my property without impacting in any way on anyone else but the people I am talking about are enjoying their lifestyle in a way that severely impacts on me and my enjoyment. That is simply not fair. The area we live is zoned urban residential, not rural, so I don't think they should even be allowed the kinds of motor vehicles they have. I don't know why they were given resource consent to build a huge garage like that in the first place, given that the area is zoned urban residential, not rural.

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11 years 7 months ago #441363 by Hawkspur
Replied by Hawkspur on topic Laws on vehicle use
Hi Sugarpie,
I understand the stress and frustration that constant noise can cause, but don't let that get the better of you, as it won't help your case. Your comments about the size of their garage and the types of vehicle are starting to sound a bit unreasonable to me, so would not help you when talking to the Council. Remember your neighbours do have a right to enjoy their place too, and if that involves noise, moderation would be the win/win solution, not elimination.
There are legal means to deal with unreasonable noise and the Council can and should take action.
Have you kept a diary of the frequency and duration of the noise? Can you find someone to take sound readings for you?
Have the Council sent an enforcement officer out at a time the noise was occurring? If not, quote that part of the RMA I quoted above to them. Get them to take readings of the noise level so that you have an independent measured level.

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11 years 7 months ago #441576 by igor
Replied by igor on topic Laws on vehicle use
Sugarpie, had you stated in your original post that your property is urban my first response may have been quite different. This being a rurally oriented website I made the dangerous assumption that your property was in fact rural. Things like the size of the blocks of land involved and the proximity of the surrounding houses to one another are relevant to this discussion. So far you have given neither of these valuable pieces of information.

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11 years 7 months ago #441612 by max2
Replied by max2 on topic Laws on vehicle use
Our road is also designated rural and we had the ''neighbour from hell'' renting the front 10 acre property and who also owned a dune type buggy plus the boy's non baffled motorcross bike. they would also ride/drive those in a small orchard paddock on our boundary fenceline.

At that stage we were under Franklin Council and one of their rules (my wording) is riding a set ''track'' was banned on all property. I took their meaning to read as if its a racetrack type roading, not a farmer getting his cows in from up the back (commonsense).

I also approached the adult who was not interested. I waved his son away one afternoon from the fenceline where dirt was being flung up into our milking shed by his son and he told his son to come back around it again and again but they would only do it when Hubby was at work, not when he was at home! they would not ride in the top road side section of the property where I couldn't give a rats what they were up to and where it lent itself to that sort of thing.

We had the noise, the dirt and the smell of both machines coming into our home.

Personally I may have been tempted to have bribed someone to smack this guy in the head had I known of someone who does that sort of thing. Fortunately they moved soon after, so i suspect they knew they were going and were being *rseholes. There's plenty of them out there who have that ''we are on acres and will do what we want to do regardless mentality" and I for one am over it and being bullied by them. (but I do have great neighbours now!).

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11 years 7 months ago #441645 by DiDi
Replied by DiDi on topic Laws on vehicle use
There is no doubt that an urban residential area will have rules on noise nuisance. Just book a meeting with your MP and see if they can get this sorted. Keep a Diary, photos(dated) and all the other proof you can and take it with you.

Just Google Kapiti Coast urban noise limits. Plenty there - just a bit of reading.

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11 years 7 months ago #442036 by sugarpie
Replied by sugarpie on topic Laws on vehicle use

igor;441143 wrote: Sugarpie, had you stated in your original post that your property is urban my first response may have been quite different. This being a rurally oriented website I made the dangerous assumption that your property was in fact rural. Things like the size of the blocks of land involved and the proximity of the surrounding houses to one another are relevant to this discussion. So far you have given neither of these valuable pieces of information.


Hi igor, well this is called lifestyleblock.co.nz so that pretty much covers it - we have a lifestyle block in an area which is zoned urban residential, that's the council not me making that definition.

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11 years 7 months ago #442037 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
I find it interesting when some people say the noisy neighbours have rights too - I don't doubt that, but as I've said the way they enjoy their property impacts on my enjoyment, but the way I enjoy my property does NOT impact on them on any way, so therefore they are in the wrong. But why would people jump to their defence and make me out to be someone who won't compromise etc? Strange attitude if you ask me - I'm not doing anything to annoy anybody however these people are, that makes them the bad guys in my book.
The council are sending them another letter outlining noise concerns and the possible consequences(confiscation) but I doubt very much that it will work. The woman has already proven to be a liar - she assured us she'd do something about it but never did and even bought another motorcycle for her daughter to make more noise with.
(removed)
I don't see why I should have my enjoyment ruined just to "be a good neighbour", that's ridiculous. To paraphrase a famous old saying - it seems everyone has rights but some people have more rights than others.
The following user(s) said Thank You: rayofsun

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11 years 7 months ago #442041 by max2
Replied by max2 on topic Laws on vehicle use
having gone through what you are experiencing, you have my utmost sympathy sugarpie!

The one good side for us were other neighbours on the other side of the road hearing it all from their place and happily contacting the elderly ''in charge'' LL's so it wasn't just me appearing to be a whinger. This may be a key to helping your situation if others nearby can hear the goings on, to support your position with council.

After those neighbours, the LL's daughter moved her son and boy racer friends into the property and the matter became worse. Neighbours filmed the results, got onto police and our area was deemed a boy racer hotspot. Blowing car tyres up at 2.00am and a party trashing another car and then boy racing up and down the road hiding the car in the garage every 20 minutes. Not enough time for the police to make it out and they were called by 2 neighbours and myself 3 times. Those guys moved on fairly quickly and still remain under the eye of local police.

Since then we have had two great sets of neighbours and finally I feel like I can start to relax in my home and I suspect you are where I was at in those times.

To me its outright bullying by adults who should know better. One of our good neighbours had 2 boys and a father all of who had motorbikes and who used them for fun on the property, but in a sensible way, taking advantage of the entire property and being considerate in ensuring it wasn't an all day affair.
The parents would only let the boys ride after all chores were done (incl. mowing substantial areas of grass, helping Dad cut back heavy areas of overgrowth and helping mum with the washing and housework) at no time did these boys have time to be bored and so the playtime with bikes was appropriate and done away from ''our'' side of the property. I wish there were more parents around like that couple!

I wish you all the best and take heart you are not the only one to be going through this.

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11 years 7 months ago #442099 by Hawkspur
Replied by Hawkspur on topic Laws on vehicle use
Hi Sugarpie,
If what I said regarding your neighbours is what you are referring to, I think you have misinterpreted me, which is easily (and often) done when reading written things, rather than getting the full info with expression etc. in person. Of course I may have interpreted you incorrectly too, in which case ignore the following.
I am in no way on your "neighbour's side" in this. I have dealt with *%$#@ neighbours, the sort who deliberately put loudspeakers facing our way and turned them up at 2am. We now get on OK, but it took time.
Some people don't grow up learning to be considerate, and it sounds like yours are this sort.
My comment was just that saying things like they shouldn't be allowed those sorts of vehicles and that size of garage could come across as unreasonable, because they do not have to be used or built in a way that impacts on you. It is the way the vehicles are being used that is the problem, not that they have them. If my neighbour bought a huge WWII tank and parked it where I could hardly see it, and only ran it on rare occasions, that would not impact much on me. I was just suggesting that you make sure when dealing with the Council, that you don't bring up things that are not going to help your case.

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11 years 7 months ago #442166 by kai
Replied by kai on topic Laws on vehicle use
Igor, Otaki is unusual in that there are quite a lot of small LSBs in the centre of the town.

Sugarpie, if you are not getting help from the council, write to your councilor, or better still ask to meet them in person and get them on your side.
I live in Otaki as well I would be interested to know what area you are.

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11 years 7 months ago #442169 by kate

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