Bylaws Part 13: Nuisances
This Bylaw aims to protect the quality of the environment from nuisances caused by burning, deposit of rubbish and offensive matter, indiscriminate placing of exterior lighting, dampness and animal pests.
The Bylaw is made under the Local Government Act 1974 and the Health Act 1956. It is complementary to the Litter Act 1979, the Resource Management Act 1991 and the Public Places Bylaw.
1.0 Short title and commencement
1.1 The title of this bylaw is the Hastings District Council Nuisances Bylaw 2008, being part 13 of the Hastings District Council Bylaws.
1.2 This bylaw comes into force on 19 June 2008 and the Nuisances Bylaw being Part 13 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
2.0 Scope
The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.
This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
3.0 Definitions
COUNCIL means the Hastings District Council or a duly authorised officer of Council.
NUISANCE means nuisance as defined by the Health Act 1956, and shall include anything obnoxious, offensive or injurious to the community or any member of it.
OWNER means, in relation to any land or premises, the person for the time being entitled to receive the rent of the land or premises, whether on his or her own account or as the agent of or trustee for any other person, or who would be so entitled if the land or premises were let at a rent.
4.0 Burning, smoke, dust and fumes
4.1 No person shall burn, or permit or allow to be burnt, any matter or thing in such a manner as to be offensive.
4.2 No occupier of any private residential premises shall permit smoke, noxious fumes or other matter to be emitted from any chimney, fireplace, barbecue, incinerator or other device on such premises to such an extent as to cause a nuisance, to persons residing or being in the neighbourhood. Where in the opinion of a duly authorised officer of Council a nuisance is being caused, the officer may require the nuisance to be abated to his or her satisfaction immediately.4.3 It shall be an offence for the owner or occupier of any premises to permit the escape of dust or sawdust from any stack or heap on those premises onto any other property or public place.
5.0 Offensive matter and refuse
5.1 No person shall deposit, or allow to be deposited, or to accumulate any refuse or rubbish of any description on any land not being a place set apart for such purpose by the Council unless in so doing sufficient precautions are taken to prevent the creation of a nuisance or anything offensive or likely to be injurious to health.
5.2 No person shall bury, or permit or allow to be buried any refuse or offensive rubbish or matter in any garden, or other place not being a place set apart for such purpose by the Council, unless in so doing sufficient precautions are taken to prevent the creation of a nuisance or anything offensive or likely to be injurious to health.5.3 No person shall deposit or allow to be deposited any dung, manure, fertiliser, or refuse in such a way that it causes, or is likely to cause a nuisance.
5.4 No person shall permit or allow to remain overnight or for any unnecessary length of time during any part of the day or night in any street or public place, a vehicle containing or which recently contained, manure, offal, offensive matter in such a way that it causes, or is likely to cause a nuisance.
5.5 No person shall throw or leave, or permit or allow to remain, any dead animal or vermin on any private property, land, or premises which causes or is likely to cause a nuisance.
6.0 Rats, vermin and insects
6.1 No person shall -
(a) Cause, permit, or allow any refuse, waste matter, material, or thing to remain or be kept in such a manner or for such a time as to afford shelter or likely harbourage for rats, or encourage rats or other vermin to visit and frequent, or be in such building, land, or premises.
(b) Fail to protect from access of rats or other vermin as far as practicable any article which is or is likely to be food for rats or other vermin.
(c) Neglect in any such building, land, or premises where rats or other vermin exist or are harboured, or in which there is evidence of such existence, or harbouring, to destroy rats by poisoning or trapping, or such other means as a duly authorised officer of Council may direct; or
(d) Fail to remove or obliterate nests, burrows, or habitual haunts or rats in any such buildings, land or premises.
6.2 The owner or occupier of any building, land, or premises where conditions exist giving rise, or likely to give rise, to the breeding of flies, mosquitoes, or other 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 flies, mosquitoes or such other insects.
7.0 General nuisance provisions
7.1 No person shall do or cause to be done, or permit or allow anything whereby a nuisance, of any kind not mentioned or prohibited by this or any other Bylaw for the time being in force, shall exist.
7.2 No person shall cause, permit, or allow any drain, water closet pan, receptacle, material or thing, stable, fowlhouse or fowlrun, dog kennel, pigeon house, outhouse, or yard on any land or premises within the district of the Council to be or become a nuisance, or by any neglect or default on the part of such person to cleanse the same, to cause an offensive smell to be created.
7.3 No person shall fail to keep all such buildings and premises and all cellars, outbuildings, and sanitary conveniences belonging to them in a clean condition or fail when required by a duly authorised officer of the Council, and within the time directed, to cause the premises or such part as the officer may order, to be effectually cleaned and as far as practicable, cause such house or building to be so repaired, altered or reconstructed as to prevent the ingress or harbourage of rats or other vermin.
7.4 If there exists a nuisance on any premises such that, in the opinion of a duly authorised officer of Council, immediate action is necessary to abate the nuisance, the Officer may with such assistance as may be necessary, enter on the premises and abate the nuisance without notice to the occupier.
7.5 All expenses incurred in the abatement of a nuisance under this Part of this Bylaw shall be recoverable from the owner or occupier of the premises in respect of which the costs are incurred.
