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Auckland council, hardstands and neighbours


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This from Weiti club today. I object to the neighbours, buying next to a old established club, then complain about it. IMO the current noise levels etc are less than a local lawnmower. I've had a complaint about me using a vacuum cleaner on a Saturday, during the day!

Here is an extract from today's email to members.

 

 

 

As you are all aware we have ongoing issues with the neighbours. This has now been escalated to the Auckland Council, local councillors, politicians and Work Safe New Zealand. These neighbours would like to see the hardstand and possibly the yacht club closed down!

 

This is a very real threat to Weiti Boating Club and must be taken seriously!

 

The neighbour’s concerns are:

Excess noise from power tools during and outside working hours

Excessive dust affecting neighbouring properties

Diesel, oil and paint spills

Club members not adhering to club policy when gridding their boats

Club members/contractors working unsafely- eg. falling off ladders, boats etc

The Flag Officers and Committee are working with Auckland Council to find out if the neighbour’s concerns are genuine and would like the best outcome for the club. If Auckland Council do find that the club is not adhering to club policies there will be major issues for the club!

 

The Flag Officers and Committee do ask the following from club members;

Excess noise from power tools – in the evenings and weekends we ask that you keep noise to the minimum and no prolonged use of noisy power tools.

 

Excessive dust – Club members must AT ALL TIMES USE A VACUUM SANDER, any hand sanding must only be done on days when there is no wind and cleaned up straight away. Club members must tidy up/sweep under their boat every day once work has finished.

 

Diesel and oil spills – please make sure this does not happen and clean any spills up using absorbing material which can be found in the dinghy locker by the boat ramp.

 

Gridding boats – the only permitted activities allowed on the grids are low pressure water blasting (less than 1400 PSI), changing zinc anodes, removal of algal film by sponging and hand scrubbing and mechanical inspections and maintenance (such as changing a propeller) IF THE WATER STARTS CHANGING COLOUR FROM YOUR ANTIFOUL YOU MUST STOP YOUR ACTIVITY STRAIGHT AWAY. ANY DEBRIS MUST NOT BE LEFT ON THE SEABED.

 

Working safely – please make sure your ladders, scaffolding etc is safe to use and all ladders are secure.

The neighbours are taking every opportunity to report any breach of activity to Auckland Council and now Worksafe NZ.

 

Please make sure you adhere to the club’s policies when it comes to gridding your boat and working on the hardstand.

---------------

Fair enough to work to club policies, but why should one or two people dictate to all the members, and why should the council listen to a few moaners?

This is an issue for all clubs mo ING forward.

Comments or solutions anyone?

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We get this kind of stuff at Little Shoal Bay boatyard. Its your right to know who complained particularly if it effects the whole club and that quickly builds up a file of who/when/why they complained. After a while a pattern emerges - usually one or two people with an agenda. If they complain lots follow up the "vexatious complainants" procedure and after a while those that receive the complaints know they what is going on and just ignore them.

Either that or https://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=12105742.

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I was at this hardstand this afternoon. It was very quiet...

We banged in 2 nails into a piece of wood. Even then I was conscious of the noise we were making.

That said, the weekend would have been busy, 8 weeks till daylight savings, everyone wants to get their boat sorted for the summer...

 

The club has just installed a gazillion dollar hardstand filtration system, top shelf (I've designed a couple and this one is a black label 18 yr old aged whiskey top shelf).

 

To haul out, you are sent a copy of the requirements and procedures and are required to sign you understand them prior to hauling. Its not like the Club (Flag officers) aren't being proactive - they are doing everything reasonably practical.

 

Further, I haven't seen anything that doesn't comply to the requirements for a long time.

 

Every year we get complaints about dust at the same time the pine pollen starts blowing.... This week its everywhere, all over my car, windows etc.

This is a vexatious complainant, no doubt about that.

 

However, there are also good easy going people living around the club, and members need to be doing everything practical to minimise effects on the neighbours.

The only issue is that power tools, especially sanders, which are somewhat essential for maintaining boat hulls, make noise.

 

Now we have the super dooper filtration system back, we should be able to go back to good old wet sanding, without power tools, i.e. by hand. Who knows?

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Its sad that a few complaints can potentially ruin it for others.

 

WBC is the reason we can keep boating as it is very affordable and if we lost it boating would be very different for us and probably in a trailer yacht rather than a 35 foot keeler.

 

I have done alot of work on our boats there over the years and noisiest things i have heard is a dirt bike that seems to go for a strop up and down the road most sundays and weed wackers. You can stand outside the boundary when sanders and grinders are going and it is a very light hum so i feel there are a certain few being bery pedantic.

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This is bullshit as they say, the hardstand and club were there long before the neighbours moved in. Classic nimbyism by stealth, the same thing will happen at Milford if they build those apartments above Bagnalls

I disagree with the "we were here first" arguement, and I acknowledge you weren't the first to mention it Native, but neighbours / property owners have a right to enjoy their properties.

I have no problem with the Club being asked to demonstrate we are meeting our obligations and requirements, I am confident that with all the hard work put in by a number of Flag Officers and members, the Club can adequately demonstrate we are doing our bit, spot on, in compliance etc etc.

 

The rub comes down to the property owners also understanding the rules and requirements we, the Club members, can 'enjoy' our hard stand within. Just because we were there first doesn't mean we can't be asked to demonstrate we are doing things properly.

 

But I whole heartedly agree with Miester / Kick, currently the noisest thing in the neighbourhood is a new house being built up the hill, on Riverhaven Drive. Builders radio, banging, nailing, yelling etc. Over the recent past 'domestic' noise has been noisier than hardstand work. Chainsaws, line trimmers etc.

 

And all that said, the fact that the complainant is trying to involve Worksafe shows this is a vexatious complainant. Private DIY practices are nothing to do with Worksafe, nor anything to do with resource consent compliance, unless the noise Miester makes when he goes ker-splat off his transom is over 65 dBa at 1 m, its no-ones business.

 

Every year we get a complaint, every year the Flag Officers demonstrate to the Council we are in complaince, but at the same time issue a reminder to all members to do things properly. We are in the busy pre-summer hard stand season so its is timely for the annual "follow the rules" reminder.

 

Wouldn't be surprised if the Club is getting blamed for the building site noise though. There will be a second one starting up shortly, one door down from the club...

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One or two.

Does that influence Worksafe's interest in private members falling off their boats?

Unfortunately, potentially ...yes... as the club is then the PCBU "person conducting business or undertaking" and if the hardstand is leased/ operated by the club then the club must take all reasonable steps to protect the safety of any user.....this includes working at heights etc....becomes very onerous for staff, committee members, board members etc.   

 

Furthermore, if the club is charging a fee to use its cradles or renting hardstand space then it is responsible if a user falls off a boat and the club has not taken :"...all reasonable steps".. to protect the users safety! this would could should go as far as certifying all ladders, scaffolding etc.

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Yes, I understand the PCBU and all its implications,

The point is, why would a neighbour be taking such an interest in Worksafe matters, if they are not just out to cause trouble. This is a vexatious complainer. This kicks off every year, almost always around the time the pine pollen blows over. Known complainer goes to AC to complain our sanding dust is in his water tank, all our boats are yellow and the dust tastes kind of sweet...

Anyway, fairly sure Worksafe came for a suss a year or so back and weren't bothered. But said neighbour complaining to Worksafe sets out for all to see their motives and agenda.

 

I'm fairly sure if the hardstand were gone the value of his land would go up. Same as when you buy a lifestyle block (cheap) next to a pig farm. Make an arsehole of yourself long enough the pig farm gets shut down, value of lifestyle block goes up. Developers do this all the time...

 

Where did you say those apartments were going Native?

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Yes, I understand the PCBU and all its implications,

The point is, why would a neighbour be taking such an interest in Worksafe matters, if they are not just out to cause trouble. This is a vexatious complainer. This kicks off every year, almost always around the time the pine pollen blows over. Known complainer goes to AC to complain our sanding dust is in his water tank, all our boats are yellow and the dust tastes kind of sweet...

Anyway, fairly sure Worksafe came for a suss a year or so back and weren't bothered. But said neighbour complaining to Worksafe sets out for all to see their motives and agenda.

 

I'm fairly sure if the hardstand were gone the value of his land would go up. Same as when you buy a lifestyle block (cheap) next to a pig farm. Make an arsehole of yourself long enough the pig farm gets shut down, value of lifestyle block goes up. Developers do this all the time...

 

Where did you say those apartments were going Native?

this is the basic driver ....

 

 

 

 

General duty to avoid adverse effects - Sec 17 of the RMA

Section 17 of the RMA provides that every person has a duty to avoid, remedy, or mitigate adverse effects on the environment. Section 17 is not enforceable in and of itself (refer s17(2)), but can provide a basis for seeking an enforcement order or issuing an abatement notice.

As outlined by the Court in Sayers v Western Bay of Plenty District Council [1992] AO98/92, an enforcement order or abatement notice may require a person to cease, or prohibit a person commencing, anything that is or is likely to be: offensive, objectionable, dangerous or noxious enough to have an adverse effect on the environment. Alternatively, the order or abatement notice may require a person to do something that is necessary to avoid, remedy or mitigate adverse effects on the environment caused by, or on behalf of, that person.

Section 17(3), read together with s322, allows enforcement officers to enforce the s17 duty in a limited way. An abatement notice can require that an activity cease if it is having adverse effects and is noxious, dangerous, offensive, or objectionable s322(1)(a)(ii). Specific actions to cure the effects cannot be stipulated, unless a breach of a rule or consent also exists. An enforcement order provides a greater scope for action (for more information see the Mandatory Directives Guidance Note).

Importantly, the duty under section 17 applies whether or not the activity is in accordance with a national environmental standard, a rule, a resource consent, a designation, s10, s10A, s10B or s20A.

In Donkin v Board of Trustees of Sunnybrae Normal School [1997] C044/97, the Environment Court made a declaration that an existing school building contravened s17 because it was too close to the boundary of a neighbouring residential property. The Court stated that the Board of Trustees of the Sunnybrae Normal School and the Minister of Education had a duty to remedy or mitigate the adverse effects.

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I disagree with the council telling you who made the complaint.  

You don't wanna know.

When I had some effing tool bag complain to the council about my diy boat noise (btw less noise than a motor mower or those dreaded leave blowers) , if the council had have told me who it was I probably would have gone round there and threatened to use my grinder to grind off one of their body parts, such was my rage.

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BBYC seasonal hardsand on Stanley Point, same bloody thing. Excellent and cheap way to haulout then comes the complaining neighbours, one codger in particular who liked to take photos, obviously to further his point. He didn't like it when we started taking photos of him. We all, as far as I could see, did the right thing, Dads would bring their kids there to see all the funny men working on their boats, no harm no foul but even then, I think the club was told your days are numbered by the council? Is it still running? The club had no issues about supplying ladders. Norsand, we currently have one of their wooden ladders to help get up and down. Sad really how people who have little or no idea of what the boat fraternity do want to shove their oar in and destroy what has been a tradition in NZ for generations, mucking about in boats.

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Sad really how people who have little or no idea of what the boat fraternity do want to shove their oar in and destroy what has been a tradition in NZ for generations, mucking about in boats.

I wouldn't assume the complaining neighbour has no idea what the boating fraternity do. He may own a rather large yacht. Who knows?

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