Excessive Noise Directions and Seized Equipment
Excessive Noise Directions and Seized Equipment
If you’ve received an Excessive Noise Direction, you must stop making noise for the duration specified on the notice—typically up to 8 days from the time it was issued.
What Happens If You Don’t Comply
If the noise continues after a direction is issued, a warranted officer, accompanied by a Police constable, may:
- Seize the equipment causing the noise, or
- Render it inoperable
Where Seized Equipment Is Held
Seized items are stored at: Selwyn District Council Offices, 2 Norman Kirk Drive, Rolleston
Associated Costs
The equipment owner will receive an invoice covering:
- Staff time to issue the noise direction
- Costs for seizing, transporting, and storing the equipment
Depending on the situation, you may also receive:
- An Abatement Notice
- An Infringement Fee, which must be paid
Unpaid Fees
- Invoices older than 90 days will be referred to the Council’s debt collection agency
- Unpaid infringement fees will be referred to the Ministry of Justice
How to Apply for Return of Equipment
To request the return of seized equipment, complete and submit the form below. You’ll need to explain how you’ll ensure the equipment won’t be used to create excessive noise again. Application for the return of seized property. PDF version of the form
What Happens Next?
Your application will be reviewed, and you’ll be notified of the decision:
- Return approved, or
- Return refused, with written reasons
What if I disagree with the decision to refuse the return of equipment?
If you wish to appeal the decision to refuse the return of the equipment you (the owner of the seized property) can apply to the Environment Court.
They will assess your application and make a decision to either:
- Return approved subject to conditions, or
- Return refused.
If No Application Is Made
If you don’t apply for the return, or your application is declined (by Council and if applicable the Environment Court):
- The Council will hold the equipment for 6 months
- After that, you’ll be notified of the intent to dispose of the property
Disposal may occur via:
- Sale,
- Donation, or
- Recycling
If the item is sold, the original owner may request the proceeds of the sale.