Drowning Out the Noise: What the Council Can’t Do

Hosting a good party in Wellington has become synonymous with a visit from noise control, and a noise direction notice pressed into the hands of the residence's most sober soldier. Particularly tasteful flats might hang these trophies on the wall as certificates of merit, the controversial décor perhaps even autographed by an aspirational DJ or two. 

The enforcement officers usually move in pairs for increased authority, often materialising in your living room or marching into your backyard as uninvited guests (sorry, but we said message for plus ones). While some students I interviewed described these interactions as “pretty chill,” others told me that officers had behaved “pushy,” “incredibly rude,” and been “getting really shitty” when responding to noise complaints. 

Alarmingly, a poll by Salient revealed that 89% of readers felt unconfident in their knowledge about what noise control officers are and aren’t allowed to do. Are they allowed to enter your home? Seize your property? Move you out of the way? Do they have to provide you with a decibel reading? Issue you a warning? The answers might surprise you.

Noise enforcement officers are contracted by the council to investigate excessive noise complaints and are currently provided by Allied Security. The Resource Management Act of 1991 defines excessive noise as “noise that is under human control and of such a nature as to unreasonably interfere with the peace, comfort, and convenience of any person.” The Act goes on to state that if an officer has received a complaint and upon investigation “is of the opinion that the noise is excessive,” may direct the occupier or person responsible for the excessive noise to “immediately reduce the noise to a reasonable level.” The key words here are opinion and reasonable. Noise officers are not required to take decibel readings that prove your party noise is excessive and haven’t done so since 2012. Legally, what is ‘reasonable’ refers to what a hypothetical prudent person under similar circumstances might see as appropriate, meaning that the assessment of excessive noise relies on the subjective judgement of the officers. Receiving a noise direction notice based on opinion alone can be frustrating, but there are ways to appeal if you believe it was unfairly issued.

This notice will usually prohibit the receiver, and every other person bound by the direction, from causing or contributing to excessive noise from the same location for 72 hours—but this can be extended for up to eight days as the enforcement officer sees fit.

If you do not comply with the issued direction immediately and decrease the excessive noise to a satisfactory level, noise officers (accompanied by a police constable) may enter your home without further notice to seize, remove parts from, lock, or seal any instrument, appliance, or machine that is producing or contributing to the excessive noise. Noise enforcement officers can come onto your property, but they can’t enter your home or seize equipment without a police constable present. This generally affords you a bit of time, as noise officers don’t usually show up to house parties with police immediately present. They usually have to be called, and depending on how busy their night is, might take a while to make an appearance. In the case of several students that I spoke with, noise control threatened to call police, but they never actually arrived. 

This doesn’t mean you should proceed without caution. Wellington Council has the power to issue an infringement fine of up to $1000 if you don’t curb the noise (though in 2025, none were issued). Furthermore, reclaiming seized equipment will cost you a guaranteed $100 administration fee, and in repetitive cases the return of your equipment is not guaranteed. If police are called, they are permitted to “use such force as is reasonable in the circumstances,” so take this into account if a situation is escalating. Noise control officers are not permitted to touch you or use force. 

I spoke with a student from Newtown, who had an unpleasant experience with noise control at a flat-warming party. She turned the music off for them immediately, but they told her that they “need(ed) to come inside to make sure.” After she denied them entry because there were no police present, and the music was off, they argued back for several minutes before finally leaving. Because she knew her rights, she was able to stand her ground—not that she should have to.

If you have an interaction with noise control officers that doesn’t feel right, you can make an official complaint online to the Wellington City Council (https://forms.wellington.govt.nz/s3/official-complaint-form), or phone 04 499 4444.

To dispute a noise direction notice, you can email NoiseTeam@wcc.govt.nz with details of why you believe the notice was unfairly issued, and any supporting evidence.

Additionally, if you believe the Police have done something wrong, like using unreasonable force, you can phone or write the Independent Police Conduct Authority (PO Box 25221, Wellington 6146, Ph 0800 503 728), or go to any police station and tell them you would like to make a complaint against the police.