A noise nuisance is defined as noise so loud, so continuous, so repeated, of such pitch or duration or occurring at such times that it gives a person reasonable cause for annoyance. By far the most common noise complaints involve neighbours and common complaints include:
- Dogs barking
- Intruder alarms
- Musical instruments
- Late night socialising
Most noise nuisance problems can be resolved by the affected party letting the offender now there is a problem. Where there is disregard for the complaint, a person can complain to the District Court. If their claim is upheld by the court, it can order the offending party to stop making or reduce the offending noise.
Making a complaint
Any person who wishes to complain to the District Court about a noise nuisance can do so by firstly notifying, in writing, the accused person or business of their intention to complain to the District Court. Then by completing a Section 108 complaint form and submitting this to the clerk at their local District Court, they will be given a provisional court date. The person complaining then gives the person or business accused of causing a noise nuisance at least seven days' notice of the court date. The court will then hear both sides of the case and can order the person or business to cease or reduce the noise to an acceptable level.