Noise control: fine penalty added

A cat and mouse game being played between Armourguard noise control officers and party goers is bringing about tougher penalties for people who play their music loud.

The Tauranga City Council's strategy and policy committee this week agreed to add fines to the existing supreme penalty of stereo confiscation.


It's because seizing stereos doesn't really work, says John Payne, the city's environmental and compliances manager.

'The concern I have with that is 90 percent don't claim what we have seized,” says John.

He thinks it is because it costs $270 to reclaim a seized stereo.

'They can go and buy a stereo for that amount so they are not bothering to come in,” says John.

Occupants of a Kaimanawa Street house that featured on the television programme ‘Neighbours from Hell' had seven or eight stereos seized and they only ever reclaimed one, says John. There was no other penalty.

A wily stereo owner can also play the system, says John.

The Tauranga City Council operates a two-call system before sending out a noise control officer.

There have to be at least two separate complaints, or two complaints from the same person an hour apart for a noise control response to occur.

'The noise has to be going on for at least an hour, or there's an additional complaint, otherwise by the time the noise control officer gets there the noise might have stopped,” says John.

It costs the ratepayers each time a security guard is despatched.

They know when the noise contractor gets called he actually has to physically get to the address and then do a subjective assessment, says John.
They know if they are annoyed about their neighbours having called and complained last time, they turn it up full bore for five minutes to really annoy them, then turn it down again and wait for Armourguard to arrive and leave again.

'They know an assessment has to be done on each occasion,” says John.

'They will often have a lookout, and turn the noise down as soon as they spot the officer's vehicle.”

When a Noise Abatement Notice is issued, it expires after three days, then the whole process starts over again – if the stereo owner gave the correct name and details to the security guard in the first place.

'From the noise control and neighbour's perspective it can be a frustrating experience when offenders know how to manipulate the process.”

Stereos cannot be seized until the Noise Abatement Notice is issued, and only with police present. That can take some time because on a party night police usually have other calls on their resources.

Any property can be put on a first call basis to act on a complaint if there is a continual offender, says John, but they are often tenants who give false names making it difficult to track them when they reoffend. Alerts are usually address activated for that reason.

'These people know the rules, they know how to play the game and they play it very well.”

Tauranga's system costs ratepayers $63,000 a year with 6500 calls in a year and 75 stereos seized. Hamilton has 10,000 calls a year and seized 79 stereos in the same year.

Hamilton's first-call system cost its ratepayers $280,000, and John says they are expressing interest in Tauranga's two-call system.

The costs of the one-call system put councillors off, but they happily agreed to endorse adding a $500 fine to the seizure fee.

John says they could agree to drop the fine if the seizure fee is paid.

The issue surfaced because Tauranga City Councillor Bill Faulkner saw the system in action one night.

'What got me into this was a fracas down the road where these people were just playing the game and it was just nonsense,” says Bill.

'There were something like 24 immediate neighbours being dramatically affected, and these people knew the rules, knew how to play the game, and played it very well.

'It was just bad luck for them I happened to go down there one night and listen to the carry on because they were denying when the man turned up that it was going on.

'I perceived that the complainants were becoming victims and all the rights lay with the perpetrators, and I think this has highlighted that.”

9 comments

Fine should apply to Home owner

Posted on 30-06-2011 11:08 | By wreck1080

I'd say, many of these noise control issues are due to renters.These people will not pay a noise fine, just as they do not pay parking and traffic fines. Instead, the fine should go against the home owner. This may make people more discriminating as to whom they allow to rent their house. Their should be fines against large gatherings who shout at night time (if they are frequent offenders only).


STEALTH MODE REQUIRED

Posted on 30-06-2011 11:35 | By SCARLET PIMP

I am sure that it is as "SIMPLE SIMON" says to get the job done, of course the company gets paid on how many call outs there are so more is better of course, a fine is a good idea, in fact uplifting the whole stero system including AMP, speakers, Subby etc is the best plan.


TWO SIDES TO EVERY STORY

Posted on 30-06-2011 12:26 | By karl sullivan

Once upon a time I had a get together at my home after our street had a trolley derby, just about every neighbour was there apart from one that also did not attend the Derby or let her children participate, She made the required two calls to noise control who turned up and demanded we keep the noise down, treated us all like criminals and threatened to take away the stereo and then issued us with a noise abatement notice, The officer said the kids could not even make a sound, all this at around 9pm,Where is the logic we just moved to the next available house.


Respect

Posted on 30-06-2011 13:52 | By The author of this comment has been removed.

What ever happened to respect? Poor LANDLORDS have enough to put up with - 'cause once again tenants know what they can get away with. I agree would anyone pay the fine? yet when they leave 'this' house, they somehow get another one, with false references. TRY


At Last

Posted on 30-06-2011 14:04 | By Jitter

About bloody time ! I hope it is a really heavy fine. I can't count the number of times I have called out Noise Control to rowdy parties at rented properties in my area. The Noise Control people do an excellent job. As the report states many of these noisy parties have a lookout so that as soon as the security company car appears everything goes dead quiet. On one occaision I called Noise Control control and as soon as the patrol car came into view the stereo was turned off and the yahooing stopped. However before the patrol car had left the street the noise was all on again. I again called Noise Control, the patrol car turned straight around and caught the offenders out and they were pinged with a Noise Abatement Notice.


In context

Posted on 30-06-2011 23:56 | By morepork

I'm fortunate to live in an area where people have respect and regard for their neighbours and the neighbourhood. There ARE parties, sometimes they are young people and students home for the holidays, sometimes they are normal adults celebrating an event, but the key is respect and consideration. Most noise levels drop at 11pm and it is rare for any intrusive noise after midnight. I have never had to call noise abatement and I'd probably go and talk to the offenders first if it really was outrageous. Most houses in the area are owner-occupied and that might be why there is a difference. If people in rental properties don't have the brains to be reasonable, then they deserve to lose their stereo and they deserve to be fined as well. Holding house owners responsible for the conduct of their tenants is tempting, but it probably isn't fair (unless the tenants are under the age of majority.) Many rental properties are managed by Real Estate Agents who don't give a damn anyway, and the owner might not even be in NZ. Maybe we need to have stiffer penalties for habitual repeat offenders. Something like three noise abatement tickets and you go to jail... It is a difficult problem because it requires walking the line of respect for freedoms and respect for the community. It also requires consideration for others which is a trait we may well be breeding out of our young people by simply over-indulging them. Someone who has never been told "no" can easily believe the world revolves around them and they can do what they like without responsibility. Until we address THAT we are likely to continue being plagued by these problems.


I am a

Posted on 01-07-2011 13:43 | By born & raised

My oh my never ceases to amaze me how we stereo type people these days!!! I am a "Renter", I have birthdays like houseowners do etc but I also have respect for people around me and therefore try to turn all volumes down at 11pm. I also ring noise control quite often as we have 1 neighbour in particular that parties often (sometimes on a Wednesday) until around 2am. Unfortunately nothing seems to deter these people. I believe they are unemployed or students because they dont seem to be worried about waking in the morning for work. In saying that they are a small group amoung all of us fellow "renters" I'm sure Homeowners are just as much to blame as the property is "theirs to do as they please"


Wasted money

Posted on 02-07-2011 07:52 | By stp

We live rural, our neighbour rang noise patrol at 11am on a saturday morning and again at 2pm because we had a radio on while working. A complete waste of ratepayers money for the officer to drive 25km each way for nothing - twice. Its ok for them to run their very noisy mulcher all weekend tho. And ok for our son to roar round the paddock on his motorbike all weekend, but not play a radio for 2 hours. I rang Armourguard to enquire about the noise rules, they said they didn't know!!


Silence of the lambs

Posted on 02-07-2011 10:10 | By Scambuster

TCC police your own venues and fine yourself for breaches.Then turn your full attention to the hoons and shut them and their stereos down at night.The reports I have is that noise monitors really couldn't give a ratz arts.


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