Section 326 — Resource Management Act 1991: Meaning of excessive noise

326 Meaning of excessive noise (1) In this Act, the term excessive noise means any noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person (other than a person in or at the place from which the noise is being emitted), but does not include any noise emitted by any— (a) Aircraft being operated during, or immediately before or after, flight; or (b) Vehicle being driven on a road (within the meaning of section 2(1) of the Land Transport Act 1998 ); or (c) Train, other than when being tested (when stationary), maintained, loaded, or unloaded. (2) Without limiting subsection (1) , excessive noise — (a) includes noise that exceeds a standard for noise prescribed by a national environmental standard; and (b) may include noise emitted by (i) a musical instrument; or (ii) an electrical appliance; or (iii) a machine, however powered; or (iv) a person or group of persons; or (v) an explosion or vibration. Subsection (1)(b) was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110) by substituting the words “ the Land Transport Act 1998 ” for the words “ the Transport Act 1962 ” . Subsection (1)(c) was substituted, as from 17 December 1997, by section 54 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (2) was substituted, as from 1 August 2003, by section 85 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(a) was amended, as from 10 August 2005, by section 119 Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ a national environmental standard ” for the words “ regulations made under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions.