Noise restrictions

Offensive noise is defined in the Protection of the Environment Operations Act 1997 as noise that by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances is:

• harmful to (or is likely to be harmful to) a person who is outside the place where the noise is coming from, or
  
• interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or rest of a person who is outside the place where the noise is coming from.
  

For example, a type of noise might be particularly disturbing because it is made during the middle of the night when people are usually sleeping.

Noise from barking or howling dogs is a common problem between neighbours. The Companion Animals Act 1998 regulates pet ownership and sets out when a dog or a cat is a nuisance by making noise.  A dog or cat will be a nuisance:

• if it is persistently making noise, and
  
• the noise unreasonably interferes with the peace, comfort or convenience of any other person in another premises
  

In addition to offensive noise, there are some sorts of noises that have limits on when they can be heard from inside someone else's home. The table below lists these types of noise and the times when that noise must not be heard inside a neighbour's home. 

If noise is made that breaches the noise restriction, the council or police may issue a warning.

If a person breaches the noise restriction again within 28 days of the warning, they may be given a fine. If this happens to you, you should get legal advice.