Noise As Nuisance To Be Defined

Press, Volume CVI, Issue 31319, 15 March 1967, Page 18

Noise As Nuisance To Be Defined

A definition of what constitutes an “unnecessarily offensive” noise is to be laid down by the Standards Association of New Zealand, according to the Health Department.

There were no generally accepted international or New Zealand criteria for noise intensity which indicated that nuisance existed said the Deputy-Director of Public Health (Dr. C. N. D. Taylor; in a circular which has been sent to medical officers of health throughout the country. “The Standards Association of New Zealand has, however, set up a committee to consider such criteria,” he added.

Dr. Taylor said that environmental noise, if excessive and “unnecessarily offensive,” might be a statutory nuisance under section 29 of the Health Act, 1956. He recalled one legal decision that held a bird-scaring device to be a statutory nuisance. “Complaints concerning ‘environmental’ noise, rather than industrial noise, should therefore be referred to the appropriate local authority,” he added.

“In the first instance, the medical officer of health may carry out measurements with district equipment at the re- 1 quest of local authorities. I “Whether a particular] noise is ‘unnecessarily offensive’ is a question for the court to decide,” said Dr. Taylor. “However, medical offi-' cers of health may refer the local authority to an advisory code which will be prepared by the National Audiology Centre in Auckland this year, and issued from head office in Wellington.” Dr. Taylor said the decision in a specific case must lie with the local authorities, but they should be discouraged from passing by-laws until the New Zealand standard had been promulgated, probably in 1968. If a local authority desired a more detailed investigation, or a medical officer of health required assistance, he might request this from an occupational health unit, or the National Audiology Centre.