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.
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
Rural Production Zone rules NAV-R14
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
Rural – Mixed Rural Zone, Rural – Rural Production Zone, Rural-Rural Coastal Zone and the Future Urban Zone rules E25.6.4
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
Waikato section rule 25.17
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
Rule 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
Rule 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
Rule Noise-R18
Noise limit is:
- 100 dB LZpeak for devices that generate discrete sound events (eg. gas guns), and;
- 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
Rule 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
Rule 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 do not include firearms.
Hastings District
Rule 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
Rule 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.
