Plug may be pulled on noisy neighbours

Press, 22 October 1981, Page 20

Plug may be pulled on noisy neighbours

PA Wellington Noisy neighbours can have their power cut off or their record players seized under a Government Bill introduced in Parliament.

The Community Noise Control Bill was brought into the House by the Minister of Health (Mr ’Gair) who said that other articles, even noisy animals, could be impounded. The Government's measure follows up one which Dr M. E. R. Bassett (Lab.. Te Atatu) tried to get the House to adopt in June.

Dr Bassett said that Mr Gain’s bill did not bring the police into noise conflicts early enough, and instead meant council officers would be "dragooned” into doing the job. “That will be a surprise to them,” he said. Dr Bassett said local bodies wanted the police involved in controlling noise problems. He said there would be difficulties in cutting off the power to noisy offenders.

If a power board officer climbed the power pole outside a house it was likely that someone would come out and say, “Like hell you are going to do that.”

That was another reason the police needed to be involved early on. he said.'

Dr Bassett said that not all noise emanated from devices depending on electric power. Motor-cycles or a “kid playing the drums" could also be a problem. Mr Gair said the primary responsibility for solving noise disputes must be the local authorities. They were local matters — “All part of the local scene.”

The police would be brought in as , appropriate support where the local authority could not solve the problem, and confrontation occurred.

Cutting off the power was better than open violence, Mr Gair said.

He hoped that somewhere in both bills and in submissions “we will find a compos-

ite measure that will help us solve this very difficult and annoying problem.

“It is difficult because nowhere in the world is there the ideal legislation to cover this point. You are dealing . with a problem of human nature and people reacting upon people in sometimes unusual circumstances. . "Those who choose to be unreasonable can be very difficult to their neighbours.” The "quietness” of the Parliamentary recess would give an opportunity to deliberate on the two bills, which would both stand referred to the health and welfare select committee.

Mr Gair said the bill extended the existing noise control provisions contained in the Health Act; 1956. Difficul-

ties were arising when local authorities tried to deal with persons who were anti-social or who had no regard for their neighbours or the law. Under the act the procedures which must be followed to prosecute' an-of-fender and obtain a court order preventing further noise were "time-consuming and fraught with technical problems in proving that the noise was in fact excessive.”

The bill allows the local authority to take immediate action to stop noise that is outrageously loud, repeated on frequent occasions, or produced at an unreasonable hour.

The person or body making the. noise is made responsible for the noise, and local authority officers can issue that person or body with written notice. Such a notice would require the occupier to abate the noise either immediately or within whatever period was specified. Failure to comply would be prima facie evidence of an offence and conviction could result in a fine up to $2OOO and $lOO a day.

If immediate abatement was Required a noise control Officer and assistants could enter premises and do whatever necessary to abate the noise to a reasonable level. Mr Gair said the police

could become involved at this stage, should there be any attempt to resist the enforcement of the abate-

ment notice. "Suggestions have been made that the police should be involved earlier but in the great majority of cases a warning notice is all that will be required to end the nuisance. “The main function' of "the police is to prevent crime and to preserve law and order. Their capacity to respond to requests to quieten noisy situations would be limited .by the fact that such requests are most likely at times when other demands on the police are greatest." - Dr Bassett agreed that most noise problems occur at

week-ends. But he said, local authority officers would not be available then. Under the bill's provisions.

the occupier of premises may apply to the local authority for the return of any impounded property or the reconnection of the power supply. • Mr Gain said the rights of the occupier would be protected. if he believed that abatement notice was reasonable. "He may appeal to the District Court for the order to be suspended, modified or quashed. He may also appeal if the local authority refuses to arrange for the restitution of seized property or the reconnection of the power supply. In any such appeal the court may award costs."