Qualms about Noise Act

Press, 26 May 1983, Page 1

Qualms about Noise Act

Noise control officers, who from June 1 will have more powers to stop excessive noise, might not have the legal right to police their new duties on private property. Amendments to clarify the officers’ rights of entry are now being sought to the Noise Control Act, 1982.

The Christchurch City Council will advise the Government that it has “reservations” about the phrasing of parts of the act. Its Chief City Health Inspector, Mr A. P. Millthorpe, said last evening that the act would not be administered by the council until uncertainties were clarified.

The act gives designated local-body noise officers the right to issue warnings for excessive noise to cease. With police assistance, the officers can confiscate noise-making equipment, such as stereos. Failure to comply with notices to stop noise can result in fines up to $2OOO.

Under present legislation council health inspectors al-

ready have powers to issue written warnings and bring prosecutions. Mr Millthorpe said the City Council would continue its existing noisecontrol measures after the act’s introduction on June 1 if issues of concern had not been resolved.

He had met a police representative earlier yesterday and both agreed that a noise-control officer seemed unable to enter a private dwelling without police assistance.

A legal opinion sought by the council agreed. Mr Millthorpe said noise control officers were able to enter and issue notices on industrial and commercial premises, but did not seem able to do this on private premises.

The act’s administration would be eased if the right of entry to private premises was allowed.

The police will also meet other Canterbury councils to discuss their availability to assist noise-control officers. Noisy week-end parties are likely to be the biggest source of complaint to noise officers. Under the act’s

provisions they are required to be available to investigate calls at any time.

There was widespread concern that the police would be too busy at weekends to assist the officers, said the Waimairi District Council’s chief health inspector, Mr G. F. Manton. Most aspects of the act were satisfactory, but Mr Manton said the potential of danger to noise officers was a worry.

“Most of the complaints are going to occur after the hours of darkness, in crowd situations where alcohol is going to play a part. For a civilian to turn up and tell someone to turn down the noise is going to be an invitation to mayhem,” he said.

Mr Manton said violence would be encouraged in some cases if officers acted on complaints without police help. “There is no way I am going to send a member of my staff into a situation where he is going to get a bottle over his head,” he said.