An Auckland man has been fined $1500 after 174 noise complaints led to 40 excessive noise notices over three years.
On March 30, Judge David Kirkpatrick ordered west Auckland man Bruce Palle to pay $1500 for failing to comply with a direction by Auckland Council noise officers to reduce the noise coming from his home.
The court was told that between September 6, 2013 and 2016, 40 Excessive Noise Direction (END) notices arising from 174 noise complaints had been issued to occupants of a property on Arran Street in Avondale.
The judge noted the outcome from about three-quarters of the complaints found noise to not be excessive.
But he accepted submissions from council officers that it was not a “one-off” and the history of attendance at the property showed an effort to deal with repeated noise complaints “to try to get the defendant to limit the amount of noise produced”.
An END notice had been issued on September 1, 2016 at about 4.24pm to Palle after excessive noise from “music and people” had been assessed at the property.
Council alleged Palle caused, or contributed, to the emission of excessive noise during the 72-hours after the END noticed was issued, at 6.05pm on September 3.
If noise was found excessive a second time within 72-hours after an END notice was issued, an enforcement officer could return with police and seize music equipment.
Failure to comply with a single END notice could result in an infringement fee of $500.
In determining the sentence, Judge Kirkpatrick said the history of excessive noise directions provided a basis on which the imposition of a sentence should indicate “enough is enough”, and “there should be an end to this behaviour”.
He ordered Palle pay $1500. Palle did not appear at court to defend the charge.
Palle did not respond to requests for comment.
Several of Palle’s neighbours said the noise was not only loud music and people having a good time.
They claimed many parties at the house ended in a loud arguments and brawling.
A school student who lived nearby said she covered her head with a pillow most nights to drown out blaring music and noise coming from the house.
Another neighbour said the music next door could start as early as 8am and go well past midnight.
She said her family preferred to stay away from their home on long weekends and holidays, because the occupants liked to go “hard out”.
But for another resident of the street it was not the volume that was a problem.
The neighbour said the vibration from loud bass had the family at their wit’s end.
“It’s when you hear the ‘boom boom’ continuously for two or three days that just drives you crazy.”
The Arran St resident said coming home from work was like “a lottery”.
Council officers attended 4,980 noise complaints in Avondale in the three years between September 2013 and 2016.
Officers served 550 END notices in the suburb in this period. Out of these 19 infringement fines were issued to Avondale properties.
Source: Western Leader