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This depends on the type of noise, or the source of the noise.

You can use:

• the council local laws (this is the new name for by-laws);
• the Health Act;
• the Environment Protection Act; or
• legal action for what is called a "private nuisance".

Don't forget the possibility of firstly writing a letter or mediation.

Check with your Council about the type of local laws that deal with noise. Sometimes there will be a council employee called an Environmental Health Officer.

If the type of noise falls within the local laws, ask how you can make a complaint.

Usually the Council officer will investigate your complaint and take appropriate action.

These are the legal words used to describe a situation where there has been unreasonable interference with the right of enjoyment of your land.

To make a valid claim under this part of the law you must show:

• that you live on the land (this includes tenants); and
• that the action you are complaining about is not trivial.

You will have to apply to a Magistrates' Court. You do this by filing documents and paying a fee to the court.

The court must be convinced that the noise interferes with your right to enjoy the use of your property in a reasonably quiet way.

The court will also have to be convinced that the offending neighbour is reasonably able to control the noise.

You will have to support your claim by providing evidence about the nuisance. This may mean asking other members of the household to give evidence.

You might also want to get an expert to measure the level of the noise. These tests can be expensive and there will be more costs if the expert has to give evidence in court.

If the noise is serious, and all efforts to stop it have failed, it might be worth talking to a lawyer to check the best approach. This should be done before any expert is contacted. The lawyer will be able to advise whether the expert's tests are really necessary.

The court can order your neighbour:

• to pay you compensation; and/or
• to stop the action that caused the noise.

This law covers nuisances that are likely to be dangerous to health, annoying or damaging to your personal comfort.

The first thing to do is lodge a complaint with the Council. Write a letter which gives full details about the problem, including how often the noise occurs (times and dates are helpful). It's best to hand deliver the letter or post it by certified mail so you have a record of the date it was posted.

The Council must investigate your complaint and if it believes the noise is the type of nuisance covered by the Health Act, it can serve a special notice on the person who is making the noise, and then go to court if the notice is ignored.

If a person breaches this Act a court can:

• impose fines; and
• order the neighbour to stop the action that caused the noise.

If the council does not investigate your complaint in "a reasonable time", you can complain to a Magistrates' Court about the nuisance. If the magistrate finds that you had reasonable grounds to complain, they can order the Council to pay the cost of your application to the court.

Getting the court started on this process may not be straightforward. It is best to see a lawyer to check on the appropriate procedure.

Under this law it is illegal to cause or allow unreasonable noise to come from your home.

The noise must be "unreasonable". For example:

• motor vehicles, lawnmowers, equipment or appliances that have an internal combustion engine used before 7 a.m. and after 8 p.m. Monday to Friday; weekends or public holidays before 9 a.m. and after 8 p.m.
• electric power tools, chain or circular saws, and similar pneumatic tools used in the same hours as mentioned above;
• domestic air conditioners, swimming pool pumps, domestic heating and hot water systems used before 7 a.m. and after 10 p.m. Monday to Friday; weekends and public holidays before 9 a.m. and after 10 p.m.
• musical instruments, amplified stereos/radios/public address systems used before 7 a.m. and after 10 p.m. Monday to Thursday; Friday before 7 a.m. and after 11 p.m.; Saturday and public holidays before 9 a.m. and after 11 p.m.; Sunday before 9 a.m. and after 10 p.m.
• other electrical equipment or appliances used before 7 a.m. and after 8 p.m. Monday to Friday; weekends or public holidays before 9 a.m. and after 8 p.m.

Other noises not covered here may still be unreasonable, depending on how loud they are and the time of day or night.

If you feel that immediate action is necessary, ring the police. They can tell your neighbour to stop making the noise. They can also issue an on-the-spot fine.

You could also contact your local council and ask for a council officer to come out immediately.

The Environment Protection Act also deals with noise that is not from residential premises.

The appropriate noise limits are contained in the law and other environmental policies.

Quite serious fines can be imposed if the occupier of the industrial site does not comply with the notice.

The Environment Protection Act makes it an offence to use a motor vehicle that breaches the prescribed standards.

An officer of the EPA will serve a notice on the owner to have the vehicle tested and correct the problem. The Regulations establish the appropriate noise levels.

There is also specific legislation concerning the use of recreational vehicles. Get in touch with the Environmental Protection Agency for further information, or the police if the vehicle is being used on public land (not covered by a Council).

If the unreasonable noise comes from a pub, a licensed or B.Y.O. restaurant or café, or any similar place where alcohol is served, it might be a breach of the liquor licence or permit.

A person can also object to the renewal of a licence because of unreasonable noise. These applications are advertised in advance.