Nuisances

29 Nuisances defined for purposes of this Act

Without limiting the meaning of the term nuisance, a nuisance shall be deemed to be created in any of the following cases, that is to say:

(a)

where any pool, ditch, gutter, watercourse, sanitary convenience, cesspool, drain, or vent pipe is in such a state or is so situated as to be offensive or likely to be injurious to health:

(b)

where any accumulation or deposit is in such a state or is so situated as to be offensive or likely to be injurious to health:

(c)

where any premises, including any accumulation or deposit thereon, are in such a state as to harbour or to be likely to harbour rats or other vermin:

(d)

where any premises are so situated, or are in such a state, as to be offensive or likely to be injurious to health:

(e)
[Repealed]

(f)

where any building or part of a building is so overcrowded as to be likely to be injurious to the health of the occupants, or does not, as regards air space, floor space, lighting, or ventilation, conform with the requirements of this or any other Act, or of any regulation or bylaw under this or any other Act:

(g)

where any factory, workroom, shop, office, warehouse, or other place of trade or business is not kept in a clean state, and free from any smell or leakage from any drain or sanitary convenience:

(h)

where any factory, workroom, shop, office, warehouse, or other place of trade or business is not provided with appliances so as to carry off in a harmless and inoffensive manner any fumes, gases, vapours, dust, or impurities generated therein:

(i)

where any factory, workroom, shop, office, warehouse, or other place of trade or business is so overcrowded while work is carried on therein, or is so badly lighted or ventilated, as to be likely to be injurious to the health of the persons employed therein:

(j)

where any buildings or premises used for the keeping of animals are so constructed, situated, used, or kept, or are in such a condition, as to be offensive or likely to be injurious to health:

(k)

where any animal, or any carcass or part of a carcass, is so kept or allowed to remain as to be offensive or likely to be injurious to health:

(ka)

where any noise or vibration occurs in or is emitted from any building, premises, or land to a degree that is likely to be injurious to health:

(l)

where any trade, business, manufacture, or other undertaking is so carried on as to be unnecessarily offensive or likely to be injurious to health:

(m)

where any chimney, including the funnel of any ship and the chimney of a private dwellinghouse, sends out smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health, or in any manner contrary to any regulation or Act of Parliament:

(n)

where the burning of any waste material, rubbish, or refuse in connection with any trade, business, manufacture, or other undertaking produces smoke in such quantity, or of such nature, or in such manner, as to be offensive or likely to be injurious to health:

(o)

where any street, road, right of way, passage, yard, premises, or land is in such a state as to be offensive or likely to be injurious to health:

(p)

where any well or other source of water supply, or any cistern or other receptacle for water which is used or is likely to be used for domestic purposes or in the preparation of food, is so placed or constructed, or is in such a condition, as to render the water therein offensive, or liable to contamination, or likely to be injurious to health:

(q)

where there exists on any land or premises any condition giving rise or capable of giving rise to the breeding of flies or mosquitoes or suitable for the breeding of other insects, or of mites or ticks, which are capable of causing or transmitting disease.

Compare: 1920 No 45 s 26; 1940 No 17 s 18; 1943 No 20 s 15

Section 29(d): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(e): repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

Section 29(ka): inserted, on 20 October 1978, by section 2 of the Health Amendment Act 1978 (1978 No 96).

Section 29(ka): amended, on 23 July 1993, by section 2 of the Health Amendment Act (No 3) 1993 (1993 No 71).

Section 29(m): amended, on 1 January 1983, by section 27(a) of the Clean Air Amendment Act 1982 (1982 No 31).

Section 29(m): amended, on 1 January 1983, by section 27(b) of the Clean Air Amendment Act 1982 (1982 No 31).