Resource Management Act 1991, ss 322–325B
Unlike excessive noise directions, councils usually issue abatement notices in response to ongoing noise problems that can’t be reduced immediately – for example, noise from a factory. Usually a council will have measured noise levels over a period of time.
An enforcement officer can issue an abatement notice where there is unreasonable noise that’s having an adverse effect on the environment.
What is “unreasonable” noise will depend on local council standards set out in rules, plans and resource consents.
The abatement notice requires the person responsible to stop the unreasonable noise or reduce it to a reasonable level within a specified period. An abatement notice can order that an occupier of land adopt the best practicable option of ensuring that noise does not exceed a reasonable level.
The notice lasts indefinitely, unless the local council cancels it or the notice is successfully appealed in the Environment Court.