The Council can't help with all noise issues, as not all noise is covered by the Resource Management Act 1991 (RMA):
- The noise must be coming from a separate address to yours.
- Noise between tenancies with the same landlord is covered by the Residential Tenancies Act 1996.
- Certain levels of construction noise are allowed during the day.
- A construction site may also have resource consent for different noise limits or working times.
- Noise rules don't apply to unplanned emergency works, such as water mains breaks.
- We do not monitor noise from moving vehicles (aircraft, boats, trains and cars) Environment Canterbury may be able to assist with watercraft noise. Call 03 365 3828.
When a complaint is received
A noise control officer will go to the address concerned and assess the noise. If noise control visits you, follow their advice and directions carefully.
They will decide if the noise is reasonable or excessive by considering:
- Volume.
- Time.
- Reason for the noise, and whether or not the noise has a particular tonal character.
- How often it occurs and for how long.
If the noise is excessive
The noise control officer may:
- Issue an excessive noise direction requiring the noise to be reduced to an acceptable level.
- In the case of people noise, the officer can require the noise to be reduced but if there is anti-social behaviour the police should be called.
Enforcing an excessive noise direction
An excessive noise direction remains in place for up to 72 hours.
If further complaints are received within this time and the noise is deemed excessive, a noise control officer and the police will enter the property and:
- Remove whatever is making the noise.
- Take away working parts.
- Lock up or seal off the object making the noise or take any other steps needed to reduce the noise.
Seized equipment
Contact us on 03 941 8999 in the first instance should you wish to get your equipment back. Seized or confiscated equipment can be reclaimed when the Council is satisfied that returning it will not lead to more excessive noise.
Costs incurred in removing and storing the equipment are payable on return. Equipment is only returned to the owner and suitable proof of identity is required for this purpose.
Equipment that is not reclaimed after six months may be disposed of by the Council.
Monitoring and managing noise
The Christchurch City Plan sets noise levels across the city. The levels are generally lower for the nighttime and also depend on the zoning of the land. Business zone levels are generally higher than the living zones.
Council officers can assess if the noise levels are met. If the levels are not complying further action will be taken to gain compliance.
The Resource Management Act 1991(external link) (RMA) is designed to:
- Protect people from unreasonable and excessive noise
- Ensure that there is no sleep disturbance during nighttime hours
- Provide effective noise control in our community
- Protect the rights of people and industry to make a reasonable level of noise
The RMA defines the term excessive noise as being any noise under human control which unreasonably interferes with the peace, comfort, and convenience of any person. Visit the New Zealand Legislation website for the full definition.(external link)
For advice and information contact us.