
to Rob Elshire 12/6/2026
provided
SRC0430466
LGOIMA
The Councils District Plan sets out the following noise rule –
R6.2.6.2 1. Exclusions from Noise Control Rules
g. Sounds generated by construction, maintenance and demolition activities, and,
additionally, sounds generated by soil conservation and river control works carried
out or supervised by the Manawatu-Wanganui Regional Council in the Flood
Protection Zone, shall be assessed, predicted, measured, managed and controlled
by reference to NZS6803:1999 Acoustics – Construction Noise.
to Rob Elshire 12/6/2026
This means that the New Zealand Standard for Construction Noise is used to assess
the noise rather than the Councils District Plan. I, Stephen McNicholl, am satisfied
that a non-compliance with the above Standard has occurred as outlined above as
the noise generated by the concrete pouring sh
provided ould have occurred after 7.30am to
comply.
If you do not comply with this notice, you may be prosecuted under Section
338 of the Resource Management Act 1991 (unless you appeal and the notice is
stayed as explained below).
SRC0430466
You have the right to appeal to the Environment Court against the whole or any
part of this notice. If you wish to appeal, you must lodge a notice of appeal in
form 49 with the Environment Court within 15 working days of being served
with this notice.
LGOIMA
*An appeal does not automatically stay the notice and so you must continue to
comply with it unless you also apply for a stay from an Environment Judge
under Section 325(3A) of the Resource Management Act 1991 (see form 50). To
obtain a stay, you must lodge both an appeal and a stay with the Environment
Court.
You also have the right to apply in writing to the Palmerston North City Council
to change or cancel this notice in accordance with Section 325A of the
Resource Management Act 1991.
The Palmerston North City Council
authorised the enforcement officer who
issued this notice. Its address is: Palmerston North City Council, Private Bag
11034, The Square, Palmerston North 4442, New Zealand