Guidance for “Excessive
Noise” for Environmental
Noise Officers
City Consenting & Compliance
1 OctoberG
ui
2danc
0 e f
25or
“Excessive Noise” for Environmental Noise Officers 2025
link to page 3 link to page 3 link to page 3 link to page 4 link to page 5 link to page 5 link to page 5 link to page 6 link to page 7
Contents
Introduction
3
Purpose
3
Objectives
3
Principles
4
Excessive Noise
5
Residential Stereo Noise
5
Noise Direction Notices (NDN)
5
Bars and Entertainment Venues:
6
One Off Music Event Meeting Temporary Activity Levels
7
2
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
Introduction
The local authority's Environmental Noise Officer (ENO) and our contractors, the Excessive Noise Control
Officers (ENCO), are responsible for the Council’s compliance duties under Sections 326 of the Resource
Management Act 1991 (RMA). Additionally, the ENOs enforce compliance with Section 16 of the RMA and
the district plan noise rules.
When breaches or offences are detected, the ENO will review the situation and take appropriate action,
which may include enforcement measures as guided by this document and the Consenting and Compliance
Unit’s Enforcement Policy. The ENO will refer to the provisions of this document when providing guidance
to our ENCOs, the noise control contractors.
Purpose
1. Manage the excessive noise service to ensure excessive noise complaints pursuant to section 326
of the RMA are investigated and resolved in a consistent and timely manner.
2. To provide procedural guidance on the excessive noise control provisions of the Compliance and
Advice Unit’s Enforcement Policy for Council’s ENOs.
3. Provide guidance to the ENO’s managing the excessive noise contract.
4. To provide a publicly available statement of the objectives and principles that will guide the
Environmental Noise Team in the performance of its functions.
Objectives
1. Provide an understanding of the noise control process pursuant to Section 326 of the RMA.
2. Identify specific factors to be considered when investigating excessive noise complaints.
3. To investigate all valid noise complaints within a reasonable time frame
4. Understand when noise measurements and comparison to District Plan noise limits are
appropriate.
For acoustical technical advice refer to Environmental Noise Officer Guidelines
3
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
Principles
Subject to officer discretion (discussed below), the ENO will exercise their compliance duties in general
accordance with the following principles:
• Integrity: To act in a professional and courteous manner while upholding the values of Council
and/or a particular resource consent, District Plan rule, or statutory requirement.
• Fairness: To take a fair and practicable stance regarding monitoring. Council will be guided by what
is appropriate, practicable with regards to monitoring, and cost recovery.
• Certainty: To provide certainty and clarity with regards to setting, monitoring, and enforcing
conditions of consent.
• Efficiency: To undertake responsibilities and duties in a timely manner that gives effect to the
objectives and principles of this document whilst ensuring cost recovery charges adequately reflect
the time spent by officers in monitoring any consent.
4
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
Excessive Noise
Residential Stereo Noise
Excessive noise control pursuant to section 326 of the RMA applies to “noise under human control only”.
The legislation requires a subjective assessment only (no sound level measurements are required) of the
noise being emitted and therefore the legislative provisions provide a very practical enforcement option to
control residential stereo and people noise. Both ENOs and ENCOs’ may undertake investigations and take
compliance action under Section 326 of the RMA.
Noise not under human control such as fixed plant must be measured in all instances.
Noise Direction Notices (NDN)
Enforcement officers or constables who have received a complaint and upon investigation consider the
noise excessive may direct (orally or in writing) that the noise is immediately reduced to a reasonable level.
For health and safety reasons a noise control officer must have assistance (another person present) when
serving a noise direction notice.
A noise direction notice (NDN) may be served which is in force for 8 days; however, a shorter time may be
specified. Failing to comply with the noise direction can result in seizure of the machine or equipment that
is contributing to the excessive noise.
Key elements of the assessment of excessive noise in accordance with section 326 of the RMA are:
• Complaint based.
• The subjective assessment (no sound measurements are taken) reveals the noise “unreasonably”
interferes with the peace, comfort and convenance of the complainant.
• Assessment from a trained warranted enforcement officer, namely a noise control officer (NCO).
• Assessment made from a position that is represent the greatest level of effects on the complainant.
At the complainant’s place or a suitable position between the source and the complainant.
5
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
Key elements of compliance are:
• A noise direction notice (NDN) may be served on any person who appears to be responsible for the
excessive noise.
o The police prefer a written notice rather than a verbal direction
▪ The notice is in-force for 8 days, but you may specify a shorter time.
▪ Internal policy (H&S) requires 2 ENCOs or ENOs present to serve the notice.
▪ If there is no person home (alarm or stereo left on) the ENCO can enter the place
and seize the equipment or render it inoperable (turn off).
• Must leave in a prominent position a noise direction notices and notice of
entry providing the details outline in Section 328 (5) of the RMA.
• Internal policy requires that a locksmith service is used, and the place is left
secure
• Police must be in attendance
• In accordance with the legislation the noise must be reduced to a reasonable level immediately. For
practical purposes this means ASAP.
• Failure to comply means:
o The NCO, accompanied by a police officer, or a police officer on direction from a ENCO or
ENO that the noise is excessive may seize the equipment or render the noise source
inoperable.
▪ Entry/ seizure or render inoperable in the presence of a police officer is required
▪ The NCO must leave in a prominent position a noise direction notices and notice of
entry providing the details outline in Section 328 (5) of the RMA.
In addition to noise direction notices particularly where a long-term solution is sought, an abatement notice
may be served, or enforcement orders may be sought. Investigations to find a long term solution require
sound measurement and comparison with noise limits set in the District Plan and or an assessment whether
the noise is reasonable pursuant to Section 16 of the RMA. Refer “Enforcement and Compliance Policy”.
Bars and Entertainment Venues:
Require greater consideration than excessive noise created by residential activities. In addition to the
excessive noise provisions of the RMA, District Plan noise limits and the provisions of Section 16 of the RMA
applies. A higher level of noise emanating from commercial activities is permitted in the city than in the
suburbs. The excessive noise provisions can be used for one off or very occasional issues only.
When an issue is identified as ongoing it must be resolved by undertaking sound measurements for
comparison against district plan limits and assessment against section 16 of the RMA needs to be
undertaken. The environmental noise officer contacts the complainants and advises that noise monitoring
is being undertaken as this is the best approach in this instance. The environmental noise officer may
choose to stand down the excessive noise control servicer if appropriate.
6
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
Directions for Excessive Noise control Officers on the Weekly Brief
• Serve a NDN where the noise is deemed excessive if appropriate.
• Note down the name of the person the notice is served on.
• Good notes are taken.
• If the NCO has concerns, they then contact the on-call Council environmental noise officer.
• For clarity no seizures
One Off Music Event Meeting Temporary Activity Levels
• Check whether a resource consent is required.
• Must adopt the best practicable option to a reasonable level (BPO) with Section 16 of the RMA.
• Where the event is known in advance:
o Ask for a Management Plan to show how Section 16 will be adopted.
o Later finish events better held on Fridays and Saturdays
o Section 16 considers bass controls, knowledge and control over noise levels, duration, and
times of the event.
o Noise levels received at residential uses lower after 11pm or midnight
o Contact details for the night.
o Can be controlled by excessive noise provisions if not adopting BPO.
7
Guidance for “Excessive Noise” for Environmental Noise Officers 2025
8
wellingt
G
on.g u
o i
v danc
t.n e
z/ for
rep “Ex
ortce
-as-sive Noi
probl s
e e”
m /for Envi
noise- ronm
content
rol al
Noise Officers 2025
