Several rules in this section use the terms “noxious”, “dangerous”, “offensive” and “objectionable”. While these terms are included in s17 RMA, they are not defined. These terms are also not defined in the Glossary of this Plan because the assessment of whether an activity is noxious, dangerous, offensive or objectionable is subjective and must take account of case law precedent as it develops.

Definitions of these terms can be found in the dictionary - for example (from the Concise Oxford Dictionary, New Edition, 1978):
  • noxious means “harmful, unwholesome”
  • dangerous means “causing danger, unsafe”
  • offensive means “giving or meant to give offence, disgusting, ill-smelling, nauseous, repulsive, unpleasant or disgusting to the senses, causing annoyance or anger, insulting”
  • objectionable means “undesirable, unpleasant, offensive, disapproved of”.


Offensive and objectionable
Case law has established that an odour is deemed offensive or objectionable only if a reasonable ordinary person, who is neither sensitive nor insensitive, would be offended or find it objectionable.
It is not enough for a neighbour or some other person within the relevant environment to consider the activity or matter to be offensive or objectionable. In determining whether an odour is offensive or objectionable, a council enforcement officer may consider the following:

 

  • frequency - how often an individual is exposed to odour,
  • intensity - the strength of the odour,
  • duration - the length of a particular odour event,
  • offensiveness/character - the character relates to the hedonic tone of the odour, which may be pleasant, neutral or unpleasant,
  • location - the type of land use and nature of human activities in the vicinity of an odour source,  the sensitivity of the receiving environment, including reverse sensitivity,
  • the Good Practice Guide for Assessing and Managing Odour in New Zealand (Ministry for the Environment, 2003). 
In determining whether a discharge is resulting in any objectionable or offensive smoke, water vapour, dust, gases or airborne contaminant, a council enforcement officer may consider the following:
 
Noxious and dangerous
In determining whether a discharge causes any noxious or dangerous levels of contaminants a council enforcement officer may consider:
 
  • the Workplace Exposure Standards (Occupational Safety and Health Service, 1994 and as updated in January 2002): as a guide the concentration of any contaminant specified in the Workplace Exposure Standards should not exceed one thirtieth of the time-weighted average for the short-term exposure standard on adjacent properties or on public land,
  • the Ambient Air Quality Guidelines (Ministry for the Environment, 2002) as they relate to hazardous substances,
  • any relevant National Environmental Standards,  the frequency, intensity, duration, and location of exposure,
  • the sensitivity of the receiving environment,
  • relevant provisions under the Hazardous Substances and New Organisms Act 1996,
  • advice provided by Territorial Authority environmental health officers and district health boards.