Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment
328 Compliance with an excessive noise direction

(1)

Every person who is given a direction under section 327 shall immediately comply with the direction.

(2)

Every person who knows or ought to know that a direction under section 327 has been given in respect of a particular place shall comply with that direction as if he or she were the recipient of it, while on or in the vicinity of that place.

(3)

If a person against whom an excessive noise direction is made fails to comply immediately with the notice, an enforcement officer (accompanied by a constable), or a constable may enter the place without further notice and—

(a)

seize and remove from the place; or

(b)

render inoperable by the removal of any part from; or

(c)

lock or seal so as to make unusable—

any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.

(4)

Where a direction under section 327 is unable to be given because there is no person occupying the place from which the sound is being emitted or the occupier of the place cannot reasonably be identified, and there is no other person who appears to be responsible for causing the excessive noise, an enforcement officer (accompanied by a constable) or a constable may enter the place without notice and—

(a)

seize and remove from the place; or

(b)

render inoperable by the removal of any part from; or

(c)

lock or seal so as to make unusable—

any instrument, appliance, vehicle, aircraft, train, or machine that is producing or contributing to the excessive noise.

(5)

Where any enforcement officer or constable enters any place under subsection (4), he or she must leave in that place, in a prominent position,—

(a)

a copy of the relevant written excessive noise direction issued under section 327; and

(b)

a written notice stating—

(i)

the date and time of the entry:

(ii)

the name of the person in charge of the entry:

(iii)

the actions taken to ensure compliance with the excessive noise direction:

(iv)

the address of the office at which inquiries may be made in relation to the entry.

(6)

Any enforcement officer or constable exercising any power under this section may use such assistance as is reasonably necessary.

(7)

Any constable may, in exercising any power under this section, use such force as is reasonable in the circumstances.

Section 328 heading: amended, on 7 July 1993, by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 328(4): replaced, on 17 December 1997, by section 55 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 328(5): replaced, on 17 December 1997, by section 55 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 328(6): inserted, on 7 July 1993, by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 328(7): inserted, on 7 July 1993, by section 149 of the Resource Management Amendment Act 1993 (1993 No 65).