Page updated on: Friday April 23, 2010
Local Authorities (councils) make bylaws regulating a wide range of matters that directly affect the day-to-day lives of those in the community. Councils have responsibility for administering provisions of the Resource Management Act (regulating such matters as noise and resource consents), rubbish disposal, provision of water and sewerage systems, parking enforcement and environmental health. This section of the website answers some commonly asked questions on these topics and gives web links to other sites where more detailed information can be obtained. General information about local authorities and councils can be obtained from Local Government New Zealand.
Councils have a broad range of powers to enforce "infringement" offences. Designated council officers are given authority to issue infringement notices where these offences have been committed. Tickets can be issued for stationary vehicle offences (such as illegal parking, failing to display a current warrant or registration), noise control breaches, dog registration and control offences, building, health and environmental regulatory issues.
Some council bylaws (such as liquor bans) are made by the council but enforced by the Police.
If you have a problem with the noise coming from a neighbour's home or a local business, the first approach should be to the "source" of the noise. If you are unable or unwilling to talk to your neighbour then you can complain to the local council when the noise is excessive. Excessive noise means any "man-made" noise which unreasonably interferes with the "peace, comfort and convenience of any person".
Local councils have a duty to investigate complaints of noise from premises (land and buildings) including noise from machinery or equipment. This will probably be dealt with under the noise control provisions in the Resource Management Act 1991, although under s.23 of the Health Act 1956 local authorities also have a duty to deal with any noise that is considered to be a "statutory nuisance". A complaint should be directed to the Environmental Health Officer at your local authority. Most councils operate a 24-hour Noise Control Service so if you are being subjected to excessive noise, phone the council's Noise Control Service. Your complaint should be made while the noise is occurring. You should give details of the type of noise, its location and source (if known) and how long it has been going on for. The Noise Control Officer will call you back and confirm that the problem has been investigated and what action has been taken.
More information on councils and noise can be found at the New Zealand Institute of Environmental Health website.
Where a person has been the subject of an excessive noise complaint and a noise control officer investigates and serves them with an "excessive noise direction", the noise control officer (accompanied by a constable) may subsequently and without further notice seize and remove any appliance contributing to the excessive noise where the person has failed to stop the noise.
Where an excessive noise direction under section 327 of the Resource Management Act is unable to be given to any person because there is no one occupying the place from which the sound is being emitted or the occupier of the place cannot reasonably be identified, a noise control officer (accompanied by a constable) or a constable may enter the place without notice and render inoperable by the removal of any part from a burglar alarm that is causing the excessive noise.
The Dog Control Officer employed by the council has powers under the Dog Control Act 1996 to issue a notice to a dog owner requiring them to reduce any nuisance caused by a dog’s persistent loud barking or howling. Failure to obey the notice can result in a fine of up to $1,500 or the removal of the dog. More information on control of dogs can be found at the Consumer Institutes website.
Consumers are entitled to expect food to be "safe" and council Environmental Health Officers monitor the standards of food hygiene in premises registered in their district. If you are concerned about hygiene standards or practices at a food outlet, contact your local council's environmental health section to find out whether the premises concerned are covered by the local authority.
Where premises are exempt from the Food Hygiene Regulations all complaints are handled by Health Protection Officers (HPOs) located in Public Health Units of District Health Boards. Health Protection Officers (HPOs) handle complaints regarding unfit or contaminated food.
The Food Act 1981 holds those who prepare and sell food responsible and if you purchase food which you think is 'suspect' telephone an HPO at your district health board and they will tell you on what action to take. More information on food outlets and food hygiene can be found at New Zealand Institute of Environmental Health
Under section 23 of the Health Act 1956 every local authority has a duty to inspect its district to identify statutory nuisances and investigate complaints. A statutory nuisance is a nuisance that has public health significance. Statutory nuisances with which the legislation is concerned are those created by premises in such a state as to be offensive or likely to be injurious to health. This includes both substandard rental accommodation and commercial premises.
If the council’s Environmental Health Officer is satisfied that a statutory nuisance exists and an informal approach to have it remedied does not succeed, a District Court Order may be sought by the Council requiring "abatement" of the nuisance. More on environmental health issues can be found at New Zealand Institute of Environmental Health
Before building or renovating a house the owner must get a building consent and may need a resource consent from the local council. This can be a complicated and lengthy process and owners should seek professional advice before embarking on such projects. General information on these topics can be obtained from Consumerbuild
Neighbours frequently have problems over trees on or near to a shared boundary and look to the local council for help. Apart from providing information, there is very little that a council can do about tree problems unless roots are causing damage to council drains or trees are "overhanging or overshadowing the road" and it is necessary to prevent obstruction or danger to traffic or damage to a road. The powers given to local authorities to take corrective action where trees encroach onto public land are found in s.133 of the Public Works Act and s.355 of the Local Government Act 1974.
Some trees may also be protected by the council but this will vary from council to council. Protection may cover specimen trees above a certain height, native vegetation, or even "blanket protection" of all trees in a certain area. It is advisable to check with the local council to see if special permission is needed before you start to chop down all or part of a large tree. Tree protection includes listing of significant trees in a district plan, heritage orders under the Resource Management Act and voluntary protection under the Heritage Covenant provisions of the Historic Places Act. There are substantial fines for ignoring some of these protections. Your local council will be able to supply you with details of its policy. Check the local council’s website for further details at Local Government New Zealand.
A 10% penalty can be charged on any balance of a rates installment that is not paid by the due date specified on the rates invoice. A further 10% penalty will be incurred in July each year for any balance that remains unpaid. These penalties are permitted under s.132 of the Rating Powers Act. For general information about local government services can also be found at the Government’s own website.