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Compliance & Contracts / Audible bird scaring device district plan rules

Audible bird scaring device district plan rules

Audible Bird Scaring Device Rules in District Plans 

Growers use a variety of bird management deterrent methods including audible bird scaring devices (devices), sward planting, lasers, sprays, reflective tape etc. Noise from devices can be disruptive for neighbours, even when the neighbours are distant. If you’re considering using a device on your orchard, we encourage growers to engage with any neighbours within 500m. 

Devices are usually subject to rules in district plans under the Resource Management Act 1991  

Rules may include noise limits, discharge frequency, operating times and road front notices. If you cannot comply with the specified rules, then you would likely need to apply for a resource consent to operate a device (unless existing rights or neighbours’ written agreement provisions apply).  

The relevant council may take enforcement action against you if you operate a device outside of the rules.  

District plan rules and guidance 

Below is a summary of each district’s main rules. We have prepared this guide in good faith. The rules have been simplified to provide a starting point. They may read differently in the relevant district plan.  

You should always check the rules and zone with the relevant council when considering using devices. The device manufacturer may also be able to provide some guidance about your local rules.  

District and plan reference  Rules 
Far North District  No noise limits on audible bird scaring devices. Duty to avoid unreasonable noise under section 16 of the RMA applies. 

 
Whangārei District 

NAV-R14 

 

  

Rural Production Zone rules: 

Noise limit is 65 dB LAe 

  • No more than 6 ‘events’ per hour per device and no more than 3 shots in quick succession.  
  • No restriction on events if the noise generated is less than 55 dB LAe.  
  • Assessment is at the ‘notional boundary’ (see below for more guidance on notional boundary) of any noise sensitive activity not owned by the operator of the device. 

Other operating conditions 

  • Devices can only operate:  
  • between half an hour before sunrise and half an hour after sunset 
  • when a crop is at risk from bird damage. 

 
Auckland 

E25.6.4 

  

Rural – Mixed Rural Zone, Rural – Rural Production Zone, Rural-Rural Coastal Zone and the Future Urban Zone rules 

Noise limit is 85 dB LZpeak 

  • No more than 6 ‘events’ per hour per device and no more than 3 shots in quick succession.  

Other operating conditions 

  • Devices can only operate between sunrise and sunset. 

Rules do not apply if the noise generated is less than 70 dB LZpeak measured at the notional boundary on another site. 

 
Waikato District 

25.17 

  

Waikato section  

Noise limit is: 

  • 50dBA (L10), 7am to 7pm any day, and  
  • 45dBA (L10), 7pm to 10pm any day, and  
  • 40dBA (L10), and 65dBA (Lmax) at all other times. 
  • Assessment is at any other site. 

 
 

Franklin section 

No noise limits on audible bird scaring devices. Duty to avoid unreasonable noise under section 16 of the RMA applies. 

 
Waipā District 

4.4.2.20 

  

Noise limit is 85 dBA unweighted peak 

  • Assessment is at Residential Zone boundary or the notional boundary or a dwelling on any Rural Zone property. 

Other operating conditions 

  • No more than 6 ‘events’ per hour per device and no more than 3 shots in quick succession. 
  • One device per 10ha of crop.  
  • Devices can only operate between sunrise and sunset. 

 
Western Bay of Plenty District 

4C.1.3.5 

  

Noise limit is 65 dB ASEL 

  • Assessment is at the notional boundary of any other Rural, Rural Residential, Future Urban or Lifestyle dwelling or at the boundary of any Residential Zone. 

Other operating conditions 

  • No more than 12 discharges per hour per device: either 12 single discharges or 4 groups or 3 discharges. 
  • Discharges must be no more than 2 seconds in length. 
  • Devices can only operate: 
  • between half an hour before sunrise and half an hour after sunset 
  • when the crop is at risk from bird damage.

 
Whakatāne District 

Noise-R18 

  

Noise limit is: 

  • 100 dB LZpeak for devices that generate discrete sound events (eg. gas guns) 
  • No more than 12 individual events per hour and no more than 3 events per minute. 
  • 50 dB ASEL for devices that generate short or variable sound events 
  • Assessment is at the notional boundary of any other Rural, Rural Residential, Future Urban or Lifestyle dwelling or at the boundary of any Residential Zone. 

Other operating conditions 

  • Devices can only operate between half an hour before sunrise and half an hour after sunset. 
  • A legible notice must be fixed to the road frontage of the property on which it is being used, giving the name, address and telephone number of the person responsible for the operation. 

See resources at the bottom of this page for more guidance. 

 
Ōpōtiki District 

8.6.6.1 

  

Noise limit is 65 dB 

  • Assessment is at any point within the notional boundary of any dwelling on another site in the Rural Zone, or at any point of any Residential Zone. 

Other operating conditions 

  • Devices can only operate: 
  • between half an hour before sunrise and half an hour after sunset 
  • when the crop is at risk from bird damage. 

 
Gisborne District 

4.6.1A(7) 

  

Noise limit is 65 dBA 

  • Assessment is at any point within the notional boundary of any dwelling on another site in the Rural Zone, or at any point of any Residential Zone. 

Other operating conditions 

  • No more than 6 ‘events’ per hour per device and no more than 3 shots within a minute. 
  • This rule does not apply where a device is more than 500m from the notional boundary of a rural dwelling.  
  • Devices can only operate between sunrise and sunset. 
  • Audible devices exclude firearms. 

 
Wairoa District 

16.8.2 

  

Noise limit is 122dBC (peak)  

  • Devices include small arms, explosives, explosives simulators or gas gun bird scarers.

 
Hastings District  

25.1.7A 

  

  • Devices can only operate between half an hour before sunrise and half an hour after sunset. 

Gas guns noise limit is: 

  • 100 dBC (peak) at any point within any boundary of a Residential Zone. 
  • 115 dBC (peak) at any point within the notional boundary of any noise sensitive activity in a Rural Zone. 
  • Where sound levels are between 85 dBC (peak) and the limits above, then: 
  • No more than 4 events per hour in any 1-hour period, or 12 individual shots per hour, with no more than 3 shots within a minute. 
  • Assessment is at any point within:  
  • the boundary of any Residential Zone 
  • the notional boundary of any noise sensitive activity within a Rural Zone. 
  • There are no restrictions on events or individual shots for sound levels less than 85 dBCpeak either at any point within: 
  • the boundary of any Residential Zone 
  • the notional boundary of any noise sensitive activity in a Rural Zone. 
  • One device per every 4ha.   

Audible avian distress alarms noise limit is 50 dB LAeq (15 min)  

  • Assessment is at any point within the notional boundary of any rural dwelling or at any point within a Residential Zone. 
  • Noise must not exceed 80 dB LAFmax in any public place.  
  • A legible notice must be fixed to the road frontage of the property on which it is being used, giving the name, address and telephone number of the person responsible for the operation. 

 
Whanganui District  

NOISE-S6 

  

Gas guns noise limit is 65 dB LAE 

  • Assessment is withing the notional boundary of any rural dwelling or at any point in a residential zone. 
  • Noise must not exceed 90 dB LAE in any public place.  
  • No more than 6 discharges per hour per device. 
  • One device per every 4ha.  

Audible avian distress alarms noise limit is 50 dB LAeq (15min) 

  • Assessment is withing the notional boundary of any rural dwelling or at any point in a Residential Zone  
  • The device shall not be used within 300 metres of a notional boundary of any dwelling.  
  • Noise must not exceed 80 dB LAmax in any public place. 

Other operating conditions 

  • Devices can only operate between 6.30am and 8pm on any day.  

 
Tasman District    

No noise limits on audible bird scaring devices. Duty to avoid unreasonable noise under section 16 of the RMA applies. 

 

 

What does ‘notational boundary’ mean? 

‘Notional boundary’ refers to a line drawn 20m wall of a dwelling, or the legal property boundary, whichever is closer to the dwelling. This means that noise limits are assessed at a point no more than 20m from a neighbouring residence. Noise levels measured directly next to the device may be much higher, and this is permitted under the rules. 

Resources 

Legible notice template audible bird scaring device 

Neighbour letter template audible bird scaring device 

Guidance for using audible bird scaring devices in Whakatāne District 

Audible bird scaring devices in Whakatāne District brochure 

NZKGI disclaims any liability in respect to use of this information.