Laws on vehicle use

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11 years 5 months ago #446697 by sugarpie
Replied by sugarpie on topic Laws on vehicle use
Yeah I thought it was the council's responsibility to enforce noise control too but it would appear that they(Kapiti Coast District Council) like to find ways to NOT enforce the law. I'd rather not resort to the "muskets at dawn" approach but my nerves and my patience are rapidly wearing thin. My wife suffered a heart attack a few months ago, partially because of work stress but also partially because of this situation with the neighbours.

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11 years 5 months ago #446706 by DiDi
Replied by DiDi on topic Laws on vehicle use
Get a camera. Record what you are seeing and take your story to the local Police. If they are prepared to ignore evidence of dangerous behaviour (little girl for example) then take to Police Headquarters.

Are you so alone where you live that there are not other neighbours affected by this. Can you not band together to get more clout with the authorities?

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11 years 5 months ago #446708 by Aquila
Replied by Aquila on topic Laws on vehicle use
Police hq or media with the complaint that council and police are ignoring it

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11 years 5 months ago #446777 by llvonn
Replied by llvonn on topic Laws on vehicle use

DiDi;446812 wrote: This is the same guy who was trying to get the huge knots out of his dog with a steel comb and as she screamed he smacked her on the head with the comb. Hauled her by her hair onto his lap etc. I will be going down to Animal Control and having this followed up as I would rather see him rehomed than live with this abuse. Who would know where it comes from. In his case ignorance given he also beats the dog who never leaves the property for digging holes.

I know it may be difficult to do, but if you could unobtrusively record his behaviour and abuse of the dog, it may be easier for the spca to act. I would ring and discuss with the SPCA first anyway.

Dog probably digs because it is bored - don't like owners like this.

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

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11 years 5 months ago #447864 by sugarpie
Replied by sugarpie on topic Laws on vehicle use

DiDi;446830 wrote: Get a camera. Record what you are seeing and take your story to the local Police. If they are prepared to ignore evidence of dangerous behaviour (little girl for example) then take to Police Headquarters.

Are you so alone where you live that there are not other neighbours affected by this. Can you not band together to get more clout with the authorities?


Unfortunately I tried this route. The council people aren't interested, they have to see it themselves, they won't let me produce any evidence. I have taken a few videos but the police aren't interested because - wait for it - it's private land!! I know, utterly ridiculous. They play the "safety" card when it suits them but when there is a real possibility of someone getting hurt or killed because of illegality or unsafe practices they aren't interested.

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11 years 5 months ago #447865 by sugarpie
Replied by sugarpie on topic Laws on vehicle use

Aquila;446832 wrote: Police hq or media with the complaint that council and police are ignoring it

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Tempting. Thought about that "Neighbours At War" programme

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11 years 4 months ago #449431 by Anne
Replied by Anne on topic Laws on vehicle use

sugarpie;448087 wrote: Unfortunately I tried this route. The council people aren't interested, they have to see it themselves, they won't let me produce any evidence. I have taken a few videos but the police aren't interested because - wait for it - it's private land!! I know, utterly ridiculous. They play the "safety" card when it suits them but when there is a real possibility of someone getting hurt or killed because of illegality or unsafe practices they aren't interested.

They may be more interested now, given the spate of accidents with motorbikes during the holiday period - and one very ill 6 year old child.

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11 years 4 months ago #449444 by DiDi
Replied by DiDi on topic Laws on vehicle use
sugarpie - one thing I have noticed is that you have never said where you live. It really helps us to understand your situation if in the thingie on the left you say, Christchurch, Invercargill, Franklin etc. Just gets us into the head space of what you are dealing with. Auckland - I get it - so where are you? Maybe we can help better.

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11 years 4 months ago #449463 by Hawkspur
Replied by Hawkspur on topic Laws on vehicle use

DiDi;449846 wrote: sugarpie - one thing I have noticed is that you have never said where you live. It really helps us to understand your situation if in the thingie on the left you say, Christchurch, Invercargill, Franklin etc. Just gets us into the head space of what you are dealing with. Auckland - I get it - so where are you? Maybe we can help better.

sugarpie;446821 wrote: Yeah I thought it was the council's responsibility to enforce noise control too but it would appear that they(Kapiti Coast District Council) like to find ways to NOT enforce the law. I'd rather not resort to the "muskets at dawn" approach but my nerves and my patience are rapidly wearing thin. My wife suffered a heart attack a few months ago, partially because of work stress but also partially because of this situation with the neighbours.

Not in the sideline, but elsewhere it has been mentioned.

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11 years 4 months ago #449478 by Aria
Replied by Aria on topic Laws on vehicle use

sugarpie;446287 wrote: This really is a ludicrous situation. Today we have had to listen to the little bugger zooming around with friend on another bike. They have recently had another letter and have obviously completely ignored it like the first one. And I have had an email back from the noise control officer I was in contact with and he confirmed to me that with the last 2 times I called noise control they reported back that the noise was "quiet" and "acceptable"!! So after a year of this idiocy, I have only just found out that they won't do anything anyway, because the noise control person thinks it falls into "acceptable" levels. But the RMA, which deals with noise control, says

Excessive noise is noise under human control, which unreasonably interferes with the peace, comfort and convenience of any person.

So I wrote back to the guy at the council pointing this discrepancy out - no answer!! So frustrating.


If you are still around, sugarpie, go back to my initial post in the thread. You need to buy a noise meter and measure and record the noise volume yourself. The District Plan will tell you what level is acceptable in terms of your particular zone - the noise control officer at KCDC can also give you this information if you don'tr want to look it up on the Council's website.

The point I would make as an RMA specialist is that you need to first understand what the local Council District Plan defines as "excessive" for your particular zone and then carry out your own measurements to find out whether indeed your neighbour is exceeding that level - and then you need to document how often they are exceeding that level.

Do not rely on the Council - you are the one living there 24/7 - you are the only person able to provide them with the evidence they need to prosecute.

No one can help you but yourself.

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11 years 4 months ago #449479 by Aria
Replied by Aria on topic Laws on vehicle use
My goodness - I have just read the smilie thread from 2009 regarding the same neighbours and the same problems... and I would be very unhappy that none of these problems were disclosed with respect to the property purchase given (removed) wrote to the Mayor and had many folks from Council and the police involved as well.

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11 years 4 months ago #449484 by Megan
Replied by Megan on topic Laws on vehicle use
"and I would be very unhappy that none of these problems were disclosed with respect to the property purchase"

Caveat Emptor - sucks doesn't it, but why would you disclose anything which may prevent you getting a sale, if you weren't required to by law.

Megan

The nice part about living in a small town is that when you don't know what you are doing, someone else does.
[SIGPIC][/SIGPIC]

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11 years 4 months ago #449492 by Aria
Replied by Aria on topic Laws on vehicle use

Megan;449897 wrote: "and I would be very unhappy that none of these problems were disclosed with respect to the property purchase"

Caveat Emptor - sucks doesn't it, but why would you disclose anything which may prevent you getting a sale, if you weren't required to by law.


Since the RE Act was changed of course 'caveat emptor' no longer applies - granted it was amended principally with respect to disclosure of construction defects. But I haven't read the exact wording of the Act - and if 'nuisance' in general is a word in there - then noise nuisance might also apply.

However, legality aside, there is a moral responsibility as well. As I read in (removed)'s comments - one of the people in the household suffered a heart attack - and the stress of the neighbour situation was thought to be partly to blame.

All the more reason the neighbours behaviour should be sorted out in law, that being under the RMA. Noise measurements need to be taken and things should proceed from there.

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11 years 4 months ago #450220 by HeidiLee
Replied by HeidiLee on topic Laws on vehicle use
Hi Sugarpie, sounds like your life is all-consumed with your neighbour's antics. It is horrible when your life is disrupted by people that don't consider the consequences of their actions on others. I was in a similar situation with some renters across the road from me that had pig hunting dogs that kept coming over and killing my animals when I was at work. It was so stressful, I got to the stage where I felt that my home (that I own) didn't feel like home anymore and I was afraid for my pets when I left home and once I took action against them I hated that I had to pass their house every time I went out my front gate life was pretty awful. It took a long time but if finally got resolved and I'm so glad I perservered!

I know it is hard not to let emotions take hold by my advice would be write down main points and then keep calling the council and noise control and the community constable until you get some answers make sure you always have a reference number that you can give to them. You need to ask them what YOU can do, put it back on them to give you advice. I dealt with the citizens advice bureau, my local council, the local community constable and the local MP (I even had the tenancy tribunal option up my sleeve in case!) and asked all of them what MY rights were and how I could get a resolution. No offence, but when you waffle on about them doing this and that and the other you end up getting tagged as a madman/woman and people stop listening to you. Use you words sparingly, ask people with authority for their advice and follow it and then report back to them.

Whilst you're persuing your legal rights, it wouldn't hurt to see if you community constable could tee up a mediated meeting to try to get some communication going, perhaps you could get a resolution that way?

I learnt through my situation that life is not fair and lots of things happen that are out of your control. You can't choose what life throws at you all you can do is choose how you react to it.

Good luck.

Heidi
8.5 acres | 2 horses | 1 dog | 18 chooks | peace & quiet | a big smile on my dial![:D]

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11 years 4 months ago #450354 by Aria
Replied by Aria on topic Laws on vehicle use
Most folks wouldn't mention a problem with a neighbour to a prospective purchaser. But the problem can and should be sorted - be it either a dangerous dog that is not properly contained or excessive noise. But as with all such neighbourhood problems, officials can only act effectively once they have obtained the kind of evidence that will stand up to legal scrutiny. Unfortunately, the only folks who can collect such evidence are the affected parties as the officials don't live there 24/7.

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