Nuisance and the Health Act

A vast majority of the complaints about frost fans are centered around the local district plans and the Environment Court.

However there are other avenues to pursue.

Firstly there is the Department of Labour (or OSH if you like). They will be focused on the safely aspects of the devices and with respect to the prevention of accident and injury due to improper use or aspects of use that are dangerous. Significant angles with this approach involve the running of the machines in windy conditions. 

Secondly, there is the Health Act (1956). Specifically the section on Nuisance (sections 29-35).

This is a significant piece of legislation that provides for the protection of an individuals health.

A (slightly) abridged version follows;

Heath Act 1956

29. Nuisances defined for purposes of this Act-

                        Without limiting the meaning of the term ``nuisance'', a nuisance shall be deemed to be created in any of the following cases, that is to say:

                         (ka) Where any noise or vibration occurs in or is emitted from any building, premises, or land to a degree that is likely to be injurious to health:]

30. Penalties for permitting or causing nuisances-

                        (1). Every person by whose act, default, or sufferance a nuisance arises or continues, whether that person is or is not the owner or occupier of the premises in respect of which the nuisance exists, commits an offence against this Act.

                        (2). Whenever, after any conviction of any offence under this section, the person convicted can lawfully abate the nuisance and fails or neglects, or continues to fail or neglect, to do so, he shall be deemed to have committed a further offence and shall be liable therefor under subsection (1) of this section.

33. Proceedings in respect of nuisances-

                        (1). All proceedings under this Act in respect of nuisances shall be heard and determined by a [District Court] presided over by a [District Court Judge] alone.

                        (2). The Court, if satisfied that a nuisance exists on the premises, or that, though abated, it is likely to recur, may by order-

                        (a) Require the owner and the occupier to abate the nuisance effectively:

                        (b) Prohibit the recurrence of the nuisance:

                        (c) Both require the abatement and prohibit the recurrence of the nuisance:

                        (d) Specify the works to be done in order to abate the nuisance or prevent its recurrence, and the time within which they shall be done.

                        (3). If the Court is of opinion that by reason of the nuisance any dwelling or other building is unfit for human occupation, it may, by the same or any subsequent order, prohibit the use thereof for that purpose until the nuisance has been effectively abated to its satisfaction, or until provision has been made to its satisfaction to prevent the recurrence of the nuisance.

                        (4). Any order made under subsection (3) of this section may be rescinded by the Court when it is satisfied that the nuisance has been effectively abated, or, as the case may be, that due provision has been made to prevent its recurrence; but until the order is rescinded it shall not be lawful to let or occupy the house or building to which the order relates.

                        (5). Every person commits an offence against this Act who makes default in duly complying with any order made under the foregoing provisions of this section.

                        (6). If the default consists of not doing the works necessary in order to abate the nuisance effectively, or to prevent its recurrence, the local authority, or the Medical Officer of Health on behalf of the local authority, shall cause the works to be done at the expense in all things of the owner and the occupier, who shall be jointly and severally liable for the cost of the works.

                         (8). All expenses incurred by or on behalf of the local authority under this section, together with reasonable costs in respect of the services of the local authority, shall be recoverable from the owner or the occupier of the premises in respect of which they are incurred as a debt due to the local authority, and until paid they shall by virtue of this Act be deemed to be a charge on the land on which the premises are situated.

                         (10). In any proceedings under this section the [District Court Judge] may himself examine the premises or authorise any other person to do so, and may direct the owner and the occupier of any other premises to be summoned in respect of the nuisance, and join them as parties to the proceedings.