Scenario 1: Noise from a nightclub
The council receives a number of complaints between 11 pm and midnight about noise from the Shady Night Club. Enforcement officer Harry investigates together with a colleague. The view of both enforcement officers is that the noise is excessive.
Q1: What is the appropriate enforcement mechanism?
An excessive noise direction should be issued. This should be given to the person in charge of the Shady Night Club. If the recipient fails to comply immediately, Harry should arrange for a police constable to accompany both enforcement officers onto the nightclub premises. Pursuant to s328(3) of the RMA, they can seize and remove from the nightclub, or render inoperable by the removal of any part from, or lock or seal so as to make unusable, any instrument or machine that is producing or contributing to the excessive noise.