Issues

Noise has the potential to cause adverse effects, depending on a number of factors including frequency, timing, volume and the type of noise. Disturbance of sleep is often the greatest complaint in relation to noise, however other adverse effects include general nuisance, psychological and chronic health effects, interference with speech communication and interference with learning processes, thinking and education.

Excessive noise can detract from the character and amenity values associated with the local environment. Noise generating activities can also be restricted by noise ‘sensitive’ activities in proximity that seek a higher level of amenity (reverse sensitivity). In an urban sense noise is a significant issue (especially at night) in mixed use zones and in ‘interface’ areas where noise sensitive activities (e.g. residential uses) are located in close proximity to high noise emitting land uses (e.g. bars and panel beaters).

The Resource Management Act 1991 (RMA) addresses noise in two ways. First, under section 16 there is a duty on every occupier of land and every person carrying out an activity in, on, or under a water body or the coastal marine area to adopt the best practical option to not emit more than a reasonable level of noise. Section 16 of the Resource Management Act 1991 states that a national environmental standard, plan or resource consent may prescribe noise emission standards. Section 16 therefore guides how district plans can address noise emissions.

The other way the RMA addresses noise is through the control of excessive noise. There are specific provisions in the Resource Management Act 1991 to deal with excessive noise, which normally involves intermittent noise sources that require immediate attention, for example loud stereos associated with parties. The excessive noise provisions stand apart from district plan provisions.

Noise rules have been designed to provide an adequate level of protection from the potential effects of noise. The rules within this chapter provide certainty about the level of ambient sound permitted during specific time frames within each Zone and acknowledge that there will be some noise associated with activities. The rules aim to strike a balance between the need for land to be used for its intended purpose while ensuring that other land users are not exposed to unreasonable levels of noise.

Permitted noise levels are set at a limit that is consistent with the character and amenity values anticipated in each Zone. Differing noise limits are established in interface areas between Zones to ensure that reasonable noise limits can be maintained. Reasonable noise limits are established for other activities such as, construction and demolition, airport operation, temporary military training, use of explosives, helicopter landing areas, shooting ranges and wind turbines.

In certain areas noise sensitive activities are restricted in order to ensure the unhindered and continued operation of high noise generating activities. In other areas the provision of acoustic insulation requirements for buildings containing noise sensitive activities in high noise environments will allow various activities to co-exist in Zones anticipating mixed-use. Guidance from the most recent New Zealand Standards will ensure that noise levels are measured and analysed in accordance with international best practice.

Vibration is generally only a concern adjacent to construction or demolition projects; where there is operation of mechanical plant near or attached to buildings or structures; or in relation to explosives use and blasting. Accordingly, vibration limits have been provided to ensure that vibration from construction, demolition, fixed mechanical plant and use of explosives and blasting does not exceed reasonable levels. - For construction, demolition and fixed mechanical plant, a simplified approach has been taken whereby single velocity limits have been specified. This approach is considered to be the least complicated and will ensure the required level of amenity if maintained. For explosives use and blasting a more flexible approach has been adopted to achieve operational efficiency and to ensure the required level of amenity is maintained.

Eligibility

The following provisions shall apply district-wide in addition to any other provisions in this District Plan applicable to the same area or site.

Objectives

NAV-O1Objective 1

To enable a mix of activities to occur across a range of zones, while ensuring that noise and vibration is managed within appropriate levels for the health and wellbeing of people and communities, and for the amenity and character of the local environment.

NAV-O2Objective 2

To ensure that activities that seek a high level of acoustic and vibration amenity do not unduly compromise the ability of other lawful activities to operate.

Policies

NAV-P1Policy 1

To establish reasonable noise and vibration limits and controls that enable appropriate activities to operate while maintaining the characteristic amenity values of each zone.

NAV-P2Policy 2

To avoid reverse sensitivity effects by:

1. Requiring suitable acoustic design standards for noise sensitive activities located in or adjacent to areas anticipating high noise levels.

2. Restricting noise sensitive activities in zones where they could unduly compromise the continuing operation of appropriate business activities.

3. Considering the use of other mechanisms, such as noise control boundaries, buffer areas or building setbacks, as appropriate tools to protect existing or future activities.

NAV-P3Policy 3

To ensure that high noise generating activities located in noise sensitive areas maintain the characteristic amenity values of each zone by:

1. Establishing noise limits that are consistent with anticipated noise and vibration levels in each zone.

2. Requiring high noise generating activities to provide suitable mitigation measures to maintain appropriate noise levels for the health and wellbeing of people and communities, and for the amenity and character of the local zone.

NAV-P4Policy 4

To avoid restricting primary production activities by providing provisions that acknowledge their seasonal characteristics, transitory periods of noisiness and the effects of reverse sensitivity.

NAV-P5Policy 5

To ensure that noise associated with activities in open spaces and on public recreational areas is appropriate to the amenity values anticipated in the surrounding environment.

Noise Measurement and Assessment

Unless specified otherwise, noise shall be measured in accordance with New Zealand Standard NZS 6801:2008 “Acoustics – Measurement of environmental sound” and assessed in accordance with New Zealand Standard NZS6802:2008 “Acoustics - Environmental Noise.”

Rules

NAV-R1Permitted Activities

Unless specifically stated otherwise, any activity shall be a permitted activity provided it complies with all of the noise standards given in sections NAV-R2 – NAV-R18 and all other relevant zone and District-Wide rules.

NAV-R2Noise Arising from Activities within Zones

1. The noise limits that shall apply within and between Zones are set out in Tables NAV 1A and NAV 1B below.

   Note:

   1. Except that where noise is generated from the Fonterra Kauri Milk Processing Site, the noise rules shall apply at the Fonterra Kauri Milk Processing Site – Noise Control Boundary as shown on the Planning Maps.

2. The noise rules set out in Tables NAV 1A and NAV 1B shall apply within the relevant boundary assessment location as set out in Table NAV 2.

Notes:

1. Normal residential activity occurring in any zone such as children’s play, spontaneous social activities, lawnmowing and home maintenance work undertaken by/for the occupier is excluded from compliance with the noise rules during the daytime provided such activity is reasonable in terms of duration and noise level and in the case of home maintenance does not exceed the rules for construction noise. This exclusion does not apply to non-residential land use within the Residential Zones (such as childcare centres).

2. NAV-R2 shall not apply to mobile machinery used for a limited duration as part of agricultural or horticultural activities occurring in the Rural Production Zone, Rural Lifestyle Zone, Future Urban Zone or Large Lot Residential Zones. Limited duration events are those activities normally associated with industry practice, of relatively short duration, and where no reasonable alternative is available. Any such activity shall be subject to Section 16 of the Resource Management Act. “Limited duration activities” in this context include, but are not limited to:

   1. Spraying and harvesting of crops and/or weeds for horticultural or agricultural purposes e.g. topdressing or Aerial spraying

   2. Primary plantation forestry activities (not including milling or processing). This exclusion does not apply to:

      1. Static irrigation pumps;

      2. Motorbikes that are being used for recreational purposes.

3. NAV-R2 shall not apply if the activity under consideration is a mineral extraction activity included in MIN-QRA Appendix 1 of the Minerals Chapter. Where this occurs the limits and stated timeframes in MIN-QRA Appendix 1 shall apply.

4. Noise generated by temporary activities in the Waterfront Zone may exceed the noise rules in any Zone for 12 days every calendar year provided that noise does not exceed a level of 65 dB L_Aeq between 09:00 and 23:00 hours at the boundary of any Residential Zone.

5. In the City Centre Zone the “daytime” noise standard shall apply between 07:00 and 00:00 hours (midnight) on Fridays and Saturdays. The “night-time” noise standard shall apply between 00:00 and 07:00 hours on Saturday and Sunday mornings.

6. In Mineral Extraction Areas the “daytime” noise standard shall apply between 06:30 and 21:30 hours. The “night-time” noise standard shall apply between 21:30 and 06:30 hours.

7. Except where an alternative noise limit is provided for the activity within the District Plan (see MIN-QRA Appendix 1 of the Minerals Chapter) then the activity shall comply with the noise limit stated within the notional boundary of a noise sensitive activity not owned or controlled by the quarry owner or operator.

8. NAV-R2 shall not apply to the following specific activities which are provided for elsewhere:

   1. Construction activities. Refer to Section NAV-R3 for specific rule.

   2. Wind turbines and wind farms. Refer to Section NAV-R4 for specific rule.

   3. Shooting ranges. Refer to Section NAV-R5 for specific rule.

   4. Helicopter and aircraft landing areas. Refer to Section NAV-R10 for specific rule.

   5. Engine testing at the airport. Refer to Section NAV-R11 for specific rule.

   6. Noise from explosives. Refer to Section NAV-R12 for specific rule.

   7. Temporary military training activities. Refer to Section NAV-R13 for specific rule.

   8. Bird Scaring devices. Refer to Section NAV-R14 for specific rule.

   9. Road traffic noise. Refer to Section NAV-R15 for specific rule.

   10. Frost fans. Refer to Section NAV-R16 for specific rule.

   11. Emergency Generator Testing. Refer to Section NAV-R17 for specific rule.

9. The noise rules shall not apply to the following activities:

   1. Level crossing warning devices.

   2. The operation of emergency service vehicles or emergency callout sirens.

   3. Noise from aircraft and helicopters when in flight.

   4. Unamplified noise from sporting events in Open Space and Sport and Active Recreation Zone where these occur for up to 20 hours per week between 07:00 and 21:00 hours.

   5. Unamplified noise from standard school outdoor activities where this occurs between 07:00 and 18:00 hours Monday to Sunday.

   6. Rail movements within Fonterra’s Kauri Milk Processing site (the area encompassed within Scheduled Activity 15); excluding the loading and unloading of goods from trains within the site.

   7. Emergency generators used to ensure the continued operation of network utilities. This exemption shall not include emergency generator testing which are required to comply with NAV-R17.

10. The noise limits do not apply to noise generated within the Marsden Point Energy Precinct when measured within a Conservation or Open Space zone.

NAV-R3Construction Noise

1. Noise from demolition and construction, including that undertaken as part of temporary military training activities, shall comply with the guidelines and recommendations of NZS 6803: 1999 “Acoustics - Construction Noise”. Noise levels shall be measured and assessed in accordance with New Zealand Standard NZS 6803: 1999 “Acoustics - Construction Noise”. NAV-R3 shall not apply to permitted Maintenance or utility works undertaken within the road carriageway of a road where:

   1. It has been demonstrated to Council that these works cannot reasonably comply with the referenced noise guidelines at the time when they must be carried out; and

   2. A construction noise and vibration management plan, as prepared by a Recognised Acoustician, has been provided to Council.

NAV-R4Wind Turbines

Noise from wind turbines and wind farms shall comply with NZS6808:2010 “Acoustics – Wind farm noise”.

NAV-R5Shooting Ranges

1. Where any new shooting range is established, or an existing shooting range or its use is altered or extended:

   1. Between 09:00 and 18:00 sound levels from the shooting range activity shall not exceed 50 dB L_AFmax from the notional boundary of any noise sensitive activity or visitor accommodation and;

   2. Between 18:00 and 22:00 and 07:30 and 09:00 sound levels from the shooting range activity shall not exceed 40 dB L_AFmax from the notional boundary of any noise sensitive activity or visitor accommodation and;

   3. No shooting shall occur between 22:00 and 07:30.

For the avoidance of doubt, in relation to alterations or extensions to an existing shooting range, compliance with items (a) – (c) is required for the altered or extended component of the activity.

NAV-R6Sound Insulation Requirements

1. Any noise sensitive activity established within a City Centre Zone, Mixed Use Zone, Commercial Zone, Waterfront Zone, Local Centre Zone, Sport and Active Recreation Zone, Settlement Zone Centre Sub-Zone, Port Nikau Development Area, or Town Centre Zone, or within the Fonterra Kauri Milk Processing Site – Noise Control Boundary shall be designed and constructed to ensure the internal design noise levels set out in Table NAV 3.

2. For design purposes, the external L_eq noise levels set out in Tables NAV 4A and NAV 4B shall be used. These noise levels shall be assumed to be incident on the façade.

3. Where any activity listed in Tables NAV 5A to NAV 5D is located partly or wholly within the State Highway Noise Control Boundary or the Rail Noise Control Boundary, the entire room or space shall be designed, constructed and maintained to achieve the indoor design noise levels set out in Tables NAV 5A to NAV 5D.

4. NAV-R6.3 does not apply where any of NAV-R6.4(a) – (f) apply:

   1. The nearest exterior façade of the building accommodating the activity listed in Tables NAV 5A to NAV 5D is at least 50m from the formed carriageway of the state highway and 50m from the formed railway track and there is a solid building, fence, wall or landform that blocks the line of sight from all parts of all windows and doors to that activity to:

      1. All parts of the formed carriageway of the state highway.

      2. All points 3.8m directly above the formed railway track; or

   2. It can be demonstrated by way of prediction or measurement by a Recognised Acoustician that the noise at all exterior façades of the listed activity is no more than 15 dB above the relevant noise levels in Tables NAV 5A to NAV 5D; or

   3. An alteration or extension to an existing building other than a residential unit does not increase the gross floor area of an activity listed in Tables NAV 5A to NAV 5D within the State Highway Noise Control Boundary or the Rail Noise Control Boundary; or

   4. An external alteration or extension to an existing residential unit does not increase the gross floor area of an activity listed in Tables NAV 5A to NAV 5D within the State Highway Noise Control Boundary or the Rail Noise Control Boundary; or

   5. An internal alteration to an existing residential unit does not increase the total gross floor area of activities listed in Tables NAV 5A to NAV 5D by more than 5m² within each 10-year period from 18 January 2023 within the State Highway Noise Control Boundary or the Rail Noise Control Boundary; or

   6. The activity is designed, constructed and maintained in accordance with the construction schedule in NAV Appendix 1 and meets the ventilation requirements at NAV-R6.5.

5. Where windows are required to be closed to achieve the sound levels in NAV-R6.1– R6.3, the room or space shall be designed, constructed and maintained to:

   1. Provide mechanical ventilation that satisfies clause G4 of the New Zealand Building Code and is adjustable by the occupant to control the ventilation rate in increments up to a high air flow setting that provides at least 6 air changes per hour; and

   2. Provide relief for equivalent volumes of spill air; and

   3. Provide cooling and heating that is controllable by the occupant and that can maintain the inside temperature of the room or space between 18°C and 25°C; and

   4. Ensure that where a ventilation or cooling system is used that it does not generate more than 35dB L_Aeq when measured 1m away from any grille or diffuser at the minimum level required to achieve the temperatures in NAV-R6.5(c).

6. Any activity which does not comply with NAV-R6.3 is a Restricted Discretionary activity. Discretion is restricted to:

   1. The effects on people’s health and internal residential amenity, including effects on future residents and effects from future levels of noise anticipated when the application is being assessed.

   2. Whether activity listed in Tables NAV 5A to NAV 5D could be designed or located to achieve compliance with the rules.

   3. The extent to which non-compliance with the rules could unduly compromise the continuing operation of the state highway corridor, or railway corridor as enabled within Designations KRH-1 and KRH-2.

   4. Any natural or built features of the site or surrounding area which will mitigate noise effects.

   5. The outcome of any consultation undertaken with Waka Kotahi or KiwiRail.

Notes:

1. NAV-R6.4(d) and (e) apply where an existing building continues to be used as a residential unit.

2. NAV-R6.4(e) provides for:

   1. alterations that partition, combine, or re-allocate space between, habitable rooms.

   2. the incorporation of a maximum of 5m² of non-habitable space into habitable rooms.

Compliance Standards:

1. A certificate from a Recognised Acoustician is required to confirm compliance with the acoustic requirements of NAV-R6. When confirming compliance with NAV-R6.3 and NAV-R6.4(b):

   1. Railway noise is assumed to:

      1. be 70 dB L_Aeq (1h) at a distance of 12m from the track; and

      2. reduce at a rate of 3 dB per doubling of distance of up to 40m and 6 dB per doubling of distance beyond 40m.

   2. Road noise is based on measured or predicted noise levels plus 3 dB.

2. Where more than one standard within NAV-R6 applies that requires insulation of a noise sensitive activity or a noise sensitive space from an external noise source, each of those standards must be complied with.

Notification:

1. Any restricted discretionary activity under NAV-R6.6 shall not be notified or limited notified unless Waka Kotahi or KiwiRail (as relevant) is determined to be an affected person in accordance with section 95B of the Resource Management Act 1991 or Council decides that special circumstances exist under section 94A(4) of the Resource Management Act 1991.

NAV-R7Activities within the Rail Noise Alert Area

1. Within the Rail Noise Alert Area any activity is a permitted activity where:

   1. Resource consent is not required under any rule of the District Plan.

   2. The activity is not prohibited under any rule of the District Plan.

Note:

1. The Rail Noise Alert Area identifies the noise-sensitive area within a 53 dB rail noise contour each side of the rail corridor. Properties within this area may experience rail noise. No specific district plan rules or notification requirements apply as a result of this Rail Noise Alert Area.

NAV-R8Activities within the Rail Vibration Alert Area

1. Within the Rail Vibration Alert Area any activity is a permitted activity where:

   1. Resource consent is not required under any rule of the District Plan.

   2. The activity is not prohibited under any rule of the District Plan.

Note:

1. The Rail Vibration Alert Area identifies the vibration-sensitive area within 60m each side of the rail corridor. Properties within this area may experience rail vibration. No specific district plan rules or notification requirements apply as a result of this Rail Vibration Alert Area.

NAV-R9Activities Establishing near the Airport Zone

1. Within the Air Noise Margin:

   1. A minor addition or alteration to an existing building, which is not to be used as a habitable room, is a permitted activity.

   2. The following are controlled activities within the Outer Control Boundary:

      1. The addition of a habitable room;

      2. The construction of a new residential unit if:

         1. The net site area associated with each residential unit is at least 1,000m².

         2. The proposed construction is the first residential unit upon an allotment that is less than 1,000m² and that allotment existed before 1 December 2005.

      3. Visitor’s accommodation.

   3. Control is reserved over:

      1. The effect of aircraft noise on the living standard within buildings or habitable rooms. Whether the design and materials used in the construction achieves an internal design level of 40 dB L_dn for noise within any habitable room.

   4. Any activity that does not comply with the standard for a permitted or controlled activity is a discretionary activity. See NAV-R19 for Discretionary activity criteria.

2. Within the Air Noise Boundary:

   1. New noise sensitive activities are prohibited activities.

   2. Visitor Accommodation is a discretionary activity.

Notes:

1. Conditions of consent: Any application for land use consent for a residential or other noise sensitive activity in the Outer Control Boundary, will be required to have a notice registered against its title and included in the LIM report which alerts the owner that the property falls within a noise sensitive area and can therefore expect noise levels higher than would normally be expected in that Zone.

2. Notification: Council has identified reverse sensitivity effects that new noise sensitive activities may have on the safe and efficient operation of the Whangārei Airport. It has also identified potential adverse effects of the Airport on noise sensitive activities. Therefore, applications for resource consent may require the written approval of the Whangārei Airport as an affected party if such applications are to be considered on a non notified basis.

NAV-R10Aircraft and Helicopter Landing Areas

Helicopter landing areas, including those used for military training activities, shall comply with and be measured and assessed in accordance with NZS 6807:1994 “Noise Management and Land Use Planning for Helicopter Landing Areas”. NAV-R10 shall not apply to emergency services helicopter movements. Noise from aircraft other than helicopters shall comply with NZS6805:1992 “Airport Noise Management and Land Use Planning.”

Compliance Standard:

1. The use of aircraft and helicopters undertaking rural production activities on an intermittent and infrequent basis are exempt from compliance with NAV-R10.

NAV-R11Engine Testing

1. Aircraft engine testing in the Airport Zone is a permitted activity if:

   1. Between the hours of 07:00 and 23:00, the noise generated by aircraft engine testing, assessed at any point within the boundary of any Residential Zone, does not exceed 55 dB L_Aeq (16 hours) and 65 dB L_Aeq (15 minutes);

   2. Between the hours of 23:00 and 07:00, noise generated by aircraft engine testing assessed at any point within the boundary of any Residential Zone, does not exceed 45 dB L_Aeq (8 hours) and 65 dB L_AFmax;

   3. Between the hours of 23:00 and 07:00, for the purposes of essential, unscheduled Maintenance and engine testing on a maximum of 15 occasions within any calendar year, noise generated within the boundary of any Residential Zone does not exceed 55 dB L_Aeq (8 hours) and 70 dB L_AFmax. In these circumstances the noise limits set out in (b) above shall not apply;

   4. The time, duration and other essential details of any testing undertaken in accordance with the requirements of (c) above shall be recorded and advised to the Whangarei District Council within two weeks of any such event.

NAV-R12Explosives Use

Peak noise levels from explosives, excluding those from Temporary Military Training Activities, use shall not exceed the following limits when measured within the notional boundary of any building set out in Table NAV 6.

NAV-R13Temporary Military Training Activities

Temporary military training activities are permitted activities provided that they comply with the following rules:

1. Weapons firing and/or the use of explosives:

   1. on any site shall not exceed a total of 31 days in any 365 day period.

   2. shall comply with Table NAV 7A.

   3. Where minimum separation distances for sources set out in Table NAV 7A cannot be met rules to be complied with are those set out in Table NAV 7B and the following rule:

      1. A Noise Management Plan prepared by a suitably qualified expert is provided to Council at least 15 working days prior to the activity taking place. The Noise Management Plan shall, as a minimum, contain:

         1. A description of the site and activity including times, dates, and nature and location of the proposed training activities.

         2. Methods to minimise the noise disturbance at noise sensitive receiver sites such as selection of location, orientation, timing of noisy activities to limit noise received at sensitive receiver sites.

         3. A map showing potentially affected noise sensitive sites and predicted peak sound pressure levels for each of these locations.

         4. A programme for notification and communication with the occupiers of affected noise sensitive sites prior to the activities commencing, including updates during the event.

         5. A method for following up any complaints received during or after the event, and any proposed de-briefing meetings with Council.

2. Mobile noise sources, excluding sources listed in Table NAV 7A:

   1. Activities shall comply with the “typical duration” noise limits set out in Tables 2 and 3 of NZS6803:1999 'Acoustics – Construction Noise' (with reference to ‘construction noise’ taken to refer to other, mobile noise sources) provided that no building housing a noise sensitive activity is exposed to noise above 35 dB L_AFmax from a Temporary Military Activity mobile source for more than a total of 31 days in any 365 day period.

   2. Activities that do not comply with the duration limit in NAV-R13.2(a) shall comply with the noise limits in NAV-R13.3 Fixed (stationary) noise sources.

3. Fixed (stationary) noise sources, excluding sources identified in Table NAV 7A shall meet the noise level set out in Table NAV 8.

4. Helicopter landing areas shall comply with noise limits set out in NZS6807:1994 'Noise Management and Land Use Planning for Helicopter Landing Areas'.

5. Any activity that does not comply with rules NAV-R13.1 – NAV-R13.4 shall be a Restricted Discretionary Activity. Discretion is restricted to those matters listed in NAV-R19.1(a)-(m).

Note:

1. Mobile noise sources (other than firing of weapons) include sources such as personnel, light and heavy vehicles, self-propelled equipment, earthmoving equipment.

Note:

1. “Small arms” include, but are not limited to, revolvers, self-loading pistols, rifles and carbines, assault rifles, submachine guns and light machine guns.

2. “Explosives” include but are not limited to explosive charges, cannons, grenades, mortars and rockets.

Note:

1. Fixed (stationary) noise sources (other than firing of weapons and explosives) include noise sources such as power generation, heating, ventilation or air conditioning systems, or water or wastewater pumping/treatment systems.

NAV-R14Bird Scaring Devices

1. The use of bird scaring devices is a permitted activity in the Rural Production Zone if:

   1. Bird scaring devices do not operate between half an hour after sunset and half an hour before sunrise.

   2. Each device operates at not more than 6 “events“ per hour where an “event” includes clusters of up to three shots from gas operated devices or three individual shots from a firearm in quick succession. This rule does not apply to bird scaring devices that generate a noise level of less than 55 dB L_AE within the notional boundary of any noise sensitive activity not owned by the operator of the device.

   3. The sound level from any event does not exceed 65 dB L_AE within the notional boundary of any noise sensitive activity not owned by the operator of the device.

   4. The bird scaring device is only operated when a crop is at risk from bird damage.

2. The use of bird scaring devices in other Zones is a discretionary activity.

Note:

1. Existing use rights may apply where a bird scaring device has been lawfully established prior to the operative date 24 May 2016 of the NAV chapter.

NAV-R15Road Traffic

1. Noise from any new or altered road shall be assessed in accordance with and meet the provisions of New Zealand Standard NZS 6806:2010 “Acoustics - Road-traffic noise - New and altered roads.”

2. The installation and operation of Audio-Tactile pedestrian call buttons at traffic signal controlled intersections and pedestrian crossings is a permitted activity. Installations shall comply with Australian Standard AS2353: 1999 "Pedestrian Push- button Assemblies".

NAV-R16Frost Fans

1. The use of frost fans is a permitted activity in the Rural Production Zone if:

   1. Noise generated by single or multiple frost fans on a site does not exceed 55 dB L_Aeq (10 minute) at any time when assessed at the notional boundary of any noise sensitive activity on a separate site under different ownership.

   2. Operation of frost fans during the night period shall be for protection of crops from frost only. Any other operation, such as for the purposes of maintenance, shall be undertaken during the day period.

   3. A legible notice shall be fixed to the road frontage of the property on which the frost fan is being used giving the name, address and telephone number of the person responsible for its operation.

2. The use of frost fans in any other Zone is a discretionary activity.

Note:

1. The noise rule includes a correction for the special audible characteristics of frost control fans and no further penalty shall be applied to measured noise levels.

2. Existing use rights may apply where a frost fan has been lawfully established prior to the operative date 24 May 2016 of the NAV chapter.

NAV-R17Emergency Generator Testing

1. The testing of emergency generators is a permitted activity in all Zones if:

   1. The duration of testing does not exceed 12 hours total per annum;

   2. Testing occurs between 09:00 and 17:00 hours only;

   3. Noise levels do not exceed the following:

      1. 60 dB L_Aeq (15 min) within the relevant boundary assessment location of any Open Space, Natural Open Space, Rural Production, Settlement Zone Residential or Residential Zones.

      2. 65 dB L_Aeq(15 min) within the site boundary of any City Centre, Mixed Use, Local Centre, Neighbourhood Centre, Waterfront, Town Centre Zones, or Settlement Zone Centre or Port Nikau Development Area .

      3. 70 dB L_Aeq(15 min) within the site boundary of any Light Industrial, Commercial, Sport and Active Recreation, Hospital or Airport Zone.

      4. 85 dB L_Aeq (15 min) within the site boundary of any Heavy Industrial, Strategic Rural Industries, Port Zones, or Settlement Zone Industry.

NAV-R18Vibration

1. Vibration from building services is a permitted activity if vibrating, reciprocating and rotating machinery and all piping, ducting and other equipment attached to such machinery is installed and maintained so that any resulting vibration does not exceed the levels in Table NAV 9 when measured in adjacent buildings or areas of buildings under different ownership from the source of vibration.

2. Vibration from construction and demolition activity is a permitted activity if it does not exceed the levels set out in Table NAV 10 when measured at the point of effect.

   1. For human annoyance, vibration should be assessed at the location of the affected person inside the building, typically on the appropriate floor. Vibration should be measured in three orthogonal directions orientated to the axes of the building and assessed in the single axis in which vibration is greatest.

   2. For building damage, vibration should be assessed at the horizontal plane of the highest floor of the building. Vibration should be measured in two horizontal orthogonal directions orientated to the axes of the building and assessed in the single axis in which vibration is greatest. For the building damage criteria in Table NAV 10, an alternative measurement location is defined in Note 2 below.

3. Vibration from explosive use and blasting from activity other than provided for in NAV-R18(2) is a permitted activity if it does not exceed the levels set out in Table NAV 13, when measured in general accordance with the provisions of Australian Standard AS2187.2: 2006 Explosives – Storage and use – Use of explosives.

Note:

1. Except that in surgery rooms of hospital facilities, maximum vibration levels from construction and demolition activities shall not exceed 0.1mm/s rms between 8 and 80Hz.

2. NAV-R18.2 shall not apply to permitted maintenance or utility works undertaken within the road carriageway where the levels in Table NAV 11 and NAV 12 are achieved.

Notes:

1. All values referred to in Table NAV 12 are at the base of the building.

2. For unreinforced or light framed structures and residential and light commercial buildings at frequencies below 4 Hz a maximum displacement of 0.6mm (zero to peak) is not to be exceeded.

NAV-R19Discretionary Activities

1. Unless specifically stated otherwise, any activity shall be a discretionary activity where it does not comply with all of the permitted noise and vibration provisions given in the previous sections NAV-R2 to NAV-R18. When assessing discretionary applications pursuant to these sections, the assessment shall include (but is not limited to):

   1. The level of sound likely to be received.

   2. The existing ambient sound levels.

   3. The nature and frequency of the noise including the presence of any special audible characteristics.

   4. The effect on noise sensitive activities within the environment.

   5. The likely time when noise will be audible and the extent of the exceedance of the noise rule at that time.

   6. Whether the level and character of the noise is below recognised guidelines or standards for the preservation of amenity.

   7. The potential for cumulative effects to result in an adverse outcome for receivers of noise.

   8. The effects of noise on recreation or conservation areas within the Natural Open Space Zone.

   9. The value and nature of the noise generating activity and the benefit to the wider community having regard to the frequency of noise intrusion and the practicality of mitigating noise or using alternative sites.

   10. Any proposed measures to avoid, remedy or mitigate noise received off-site.

   11. The potential for any reverse sensitivity effects.

   12. The level of involvement of a Recognised Acoustician in the assessment of potential noise effects and/or mitigation options to reduce noise.

   13. The ability of noise sensitive activities to unduly compromise the continuing operation or future development of other lawful activities.

2. When assessing discretionary applications pursuant to section NAV-R9, the assessment shall include (but is not limited to):

   1. Consideration of the proposed location of the noise sensitive activity in relation to airport activities;

   2. Effects, or potential effects arising from the proximity of the airport, aircraft approach/takeoff paths, lead-in lighting, navigational aids; and the potential of buildings or structures to create glare, electromagnetic interference, smoke, mechanical turbulence or other adverse effects;

   3. The effect, or potential effect of the noise sensitive activity on the operation of Whangārei Airport; particularly having regard to helicopter TLOF and hover points and the runway centreline alignments, requirements for aircraft on approach, and aircraft utilising navigational aids/lighting;

   4. The effect, or potential effect of airport operations, in particular noise, and health/safety effects from low flying aircraft, on the noise sensitive activity, given low ground clearances for aircraft on approach/ takeoff over this area, and high single event noise levels and average daily noise levels;

   5. The effect of topographical characteristics of the land in relation to shielding of airport noise;

   6. Relevant objectives and policies, as they relate to the protection of a regionally significant transportation resource;

   7. Any remedial measures to avoid, remedy or mitigate potential conflict with the safe and efficient operation of the airport;

   8. Whether there has been adequate and meaningful consultation with the Airport Authority with respect to the current or potential effects associated with the operation of the airport resource, whether any issues have been resolved and any mitigation measures that have been proposed.

NAV Appendix 1 - Alternative Construction Schedule for Road and Rail Noise Control

Table NAV 14 sets out an alternative construction schedule for road and rail nose control as referenced in Rule NAV-R6.4(f).