Part 11 - Nuisances 2005

This bylaw aims to help manage certain nuisances which may result from activities such as bee keeping and other insects, pigs, stock in urban areas, poultry, noise from animals, drainage of stagnant water and subsoil drainage. The bylaw also provides rules for causing general nuisances and covers both public and private property.

We consulted on this bylaw in 2004/05 and it was last reviewed by Council on 9 September 2009. It is next due for review in 2019.

The bylaw balances the need for our communities to enjoy public amenities and their own properties free of nuisances with the needs of those who wish to undertake certain activities that may cause nuisance to their neighbours and others in the community. Rules in the bylaw enables those people to undertake these activities in a way which minimises any nuisance the activity may cause.

This bylaw takes its definition of 'nuisance' from section 29 of the Health Act 1956. You can look at this section directly at www.legislation.govt.nz

This bylaw is predominately used by our community to provide permits for bee keeping, and through regulation of the keeping of poultry and pigs in our district. This bylaw is only one of the tools we have to manage nuisance. For example, have a look at our webpages on noise control and littering


1100 Scope

1100.1

This Part of the Consolidated Bylaw 2004 gives effect to the provisions of the Thames Coromandel District Council Nuisances Policy.

The part applies over the whole of the Thames-Coromandel District.

The intent of this part is to require people not to create nuisances on public or private property that can lead to increases in public health risk or reduce the ability of people to go about their business and to allow the general public quiet enjoyment of their properties and of public amenities.


1101 Interpretation

1101.1

Unless the context otherwise requires the terms used in this Part have the meanings defined in the Health Act 1956.       

Note: the definition of “Nuisance” in section 29 of the Health Act 1956 is appended to this part.


1102 Creating nuisance

1102.

No person shall cause, permit, or suffer any circumstance within the district of the Thames Coromandel District Council to, in the opinion of an authorised officer, be or become a nuisance.


1103 Insects

1103.1

The owner or occupier of any building, land, or premises whereon existing conditions giving rise to, or are likely to give rise, to the breeding of insects dangerous to health, shall execute and do such disinfecting, spraying or applying of larvicide, cleansing, screening, removal or destruction of breeding grounds or places, as may be necessary to prevent the breeding of insects.


1104 Subsoil drainage

1104.1

The owner of any land on which is erected any building shall, where in the opinion of the Authorised Officer the dampness of the site renders such a precaution necessary, effectually drain subsoil by approved means so that no water or soakage shall lodge under such building.


1105 Drainage of stagnant water

1105.1

The owner of any land or premises upon which any stagnant water, drainage, or other impure water collects shall cause such land or premises to be effectually drained or filled up so as to prevent the collection of any such stagnant water, drainage, or other impure water thereon.


1106 Pig keeping

1106.1

No pigs shall be kept in any area which has a predominantly urban character under the District Plan prepared by the Council.

1106.2

No person shall construct or allow any pigsty to remain or any pigs to be at large or to range at a less distance than 50 metres from any dwelling, dairy, or any wholly or partly occupied building, or any street or public place or any place used for the preparation, storage, or sale of food for human consumption, or from any boundary of any adjoining property or except with the permission of the council.


1107 Stock in urban areas

Stock other than pigs may be kept in a predominantly urban area provided the person keeping the stock and the owner of the premises ensure that premises where stock are kept meet such conditions as may be prescribed by an authorised officer.


1108 Poultry keeping

1108.1

No rooster shall be kept in a predominantly urban area.

1108.2

No poultry shall be kept on any residential area policy property that is less than 550 square metres in extent.

1108.3

Poultry not exceeding six (6) birds caged or otherwise may be kept in a predominantly urban area provided the person keeping the poultry and the owner of the premises keep such poultry in a properly constructed poultry house covered in with a rainproof roof and provided with a floor of concrete or other approved material with a surrounding nib wall, to which a poultry run may be attached.

1108.4

No poultry house or poultry run shall be erected or maintained, so that any part of it is within 10m from any dwelling, factory, or any other building, whether wholly or partially occupied, or within 2m of the boundary of adjoining premises.

1108.5

All poultry runs shall be enclosed to confine the poultry.

1108.6

Every poultry house and poultry run shall be maintained in good repair, in a clean condition free from any offensive smell or overflow and free from vermin.


1109 Noise from animal, bird, or fowl

1109.1

No person shall keep on any premises any animal, bird or any rooster or any poultry which may cause unreasonable noise that in the opinion of an authorised officer, causes a nuisance to residents in the neighbourhood.


1110 Bee keeping

1110.1

Bees may be kept in a predominantly urban area provided the permission of an authorised officer has first been obtained.

1110.2

An authorised officer may prescribe conditions relating to the location and number of hives able to be kept on any premises or place within the District such conditions will be set in consultation with the National Beekeepers Association of New Zealand.


1111 Requisition of authorised officer

1111.1

Any person served with a requisition or notice under this part of the bylaw by the authorised officer of the Thames-Coromandel District Council, to remove or discontinue the cause of a nuisance must comply with such requisition or notice within the time directed


1112 Effective date

1112.1

This part will come into effect on 15 April 2005.

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