Proposed Plan Change 6 - Audible bird scaring devices (ABSDs)

Withdrawal of Proposed Plan Change 6: Audible Bird Scaring Devices

Whakatane District Council is withdrawing the Proposed Plan Change 6: Audible Bird Scaring Devices under clause 8D of Schedule 1 of the Resource Management Act 1991.

The decision was made at the Environment, Energy and Resilience Committee meeting on 31 May 2024. The withdrawal was publicly notified on 12 June 2024.

The reasons for withdrawal:

• a pre-hearing mediation was held, where council staff, the kiwifruit industry, and affected residents agreed to work together to find alternative solutions to reduce the noise impacts of bird scaring on the community.
• the kiwifruit industry is developing a best practice guide for orchardists to improve practices.

We appreciate all the submitters' input into this proposed Plan Change process.

He taputapu whakamataku manu

Proposed Plan Change 6 consists of changes to the permitted noise limits for the use of audible bird scaring devices and introduce additional criteria. These changes have been identified as the result of community concerns with the level of noise and frequency of noise from impulsive ABSD use, predominantly over horticulture budding season.

Orchards with ABSDs in use prior to the notification of plan change 6 may be able to continue operating ABSDs (if they comply with the Operative District Plan rules) as existing use rights may apply.

These changes will affect the use of impulsive ABSDs by:

• reducing the permitted noise level from 100dB Lzpeak to 85dB Lcpeak;
• reducing the permitted hours of use
• reducing the frequency of use
• introducing a reference to a site boundary in any residential zone
• introducing restricted discretionary activity criteria for any device that exceeds the new noise level of 85dB Lcpeak
• introducing the need for an acoustic report to identify the 85dB LCpeak noise contour for the purposes of identifying affected parties as part of a resource consent application
• introducing restrictions of use to a time of the year
• introducing restrictions relating to exclusion zones from device use; and
• introducing an assessment of impacts on significant indigenous biodiversity sites.

These changes will affect the use of non-impulsive ABSDs by:

• clarifying of non-impulsive audible bird scaring device rules
• introducing time and acoustic sound limits for use from 7am - 10pm and 10pm to 7 am
• reducing the permitted noise level from 50dBA to 40dB LAeq and 70dB LAmax (from 10pm - 7 am).

These changes will affect the key overarching rules for the use of ABSds by:

• clarifying of existing use rights
• clarifying the relationship of general information requirements between Chapter 3 and Chapter 11.

What's happened?

The plan change was out for public consultation between Monday 8 August and Friday 16 September 2022, and then again between Friday 20 January 2023 and Friday 10 February 2023. We received 9 submissions. These can be viewed in the Summary of Submissions and the Compilation of Submissions. We then received 5 further submissions. These can be viewed in the Compilation of Further Submissions.

• Read the Summary of Submissions - (PDF, 438 KB)
• Read the Compilation of Submissions - (PDF, 2 MB)
• Read the Compilation of Further Submissions - (PDF, 2.7MB)

What's happening next?

Currently mediation with submitters is underway. The aim of mediation is to identify common ground and define, narrow and resolve issues. The Policy Planner will then review and analyse all the submissions, further submissions and mediation outcomes. Council will then hold a hearing to consider all the information and issue decisions. Anyone who submitted and requested to be heard at the hearing will be able to do so. Once the decision has been issued, any submitter who disagrees with the decisions may appeal to the Environment Court for further consideration.

Background to plan change

At a Strategy and Policy Committee meeting on 1 April 2021, councillors voted to advocate on communities’ behalf for bird-scaring alternatives, and start a process which could result in changes to District Plan regulations for the devices.

Desktop modelling and field monitoring was carried out to understand the possible impacts of impulsive audible bird scaring devices. This work informed Plan Change 6.

More Information

Supporting Documents

• Plan Change 6: Audible Bird Scaring Devices – District Plan track changes - (PDF, 287 KB)
• Whakatāne District Council District Plan Section 32 Evaluation - (PDF, 1.72 MB)
• Hegley Acoustic Consultants - Assessment of noise effects - (PDF, 2.7 MB)
• Wildland Consultants Report - (PDF, 173 KB)
• Issues and Options Report - (PDF, 921 KB)
• Strategy and Policy Committee Agenda 25 November 2021 - (PDF, 6 MB)
• Strategy and Policy Committee Minutes 25 November 2021 - (PDF, 186 KB)
• Public Notice 1 - Proposed ready for submission - (PDF, 240 KB)

Submissions

• Summary of Submissions - (PDF, 438 KB)
• Compilation of Submissions - (PDF, 2 MB)
• Public Notice 2 – Summary of Submissions available and ready for further submissions
• Further submission form.

Where they can be used
Ka whakamahia ki hea

An ABSD can be used up to 20 metres away from a house or the legal boundary if this is closer to the building.

Types of devices
Ngā momo taputapu

There are two types of ABSDs. Impulsive which are gas propelled and sound like a a loud boom. Non-impulsive which are often high pitched predatory alarm sounds, which can be hard to hear.

When they can be used
Hei āhea whakamahi ai

ABSDs can be used from 30 minutes before sunrise to 30 minutes after sunset, seven days a week.

How often they can be used

ABSDs can operate three times per minute or a maximum 12 times per hour – an average of once every five minutes.

Peak seasons
Ngā kaupeka toritori

ABSDs tend to be used at specific times of the year, such as during the kiwifruit budding season or when berries ripen.

Noise limits
Ngā aukatinga hoihoi

The loudest sound that an ABSD is allowed to make in our district is 100 dB.

To put this into perspective, some common decibel ratings are:

• a whisper – 15 dB
• normal conversation - 60 dB
• a lawnmower - 90 dB
• a car horn - 110 dB
• a rock concert or a jet engine - 120 dB
• a gunshot or firecracker - 140 dB

Informing people about their use
Me whakamōhio atu ki te marea

Anyone planning to use an ABSD must put a notice on their road frontage to let people know, and include their details.

Most orchardists are good at letting their neighbours know where they are going to use an ABSD.

Factors affecting noise levels

ABSD noise seems loudest when it is facing towards you, and quieter when it is facing away.

Noise levels are affected by buildings, vegetation, flat land, steep valleys and wind.

Bird safety
He taputapu haumaru mā ngā manu

ABSDs are not designed to harm birds – they only scare the birds so they will fly away.

Other control methods
Ētahi atu momo tukanga whakahaere

Other methods that have been used to manage birds include water jets, lasers, drones, predator decoys, bird gels, ultra-sonic sound devices, shock tracks, spikes and netting. Opinions differ on the effectiveness of some of these methods.

Existing District Plan rules
Ngā tikanga kei te mahere rautaki ā rohe

Rule 11.2.6.2 (Table 11.2 for specific activity noise limits) recognises that ABSDs are a permitted activity providing they comply with the following noise controls:

• hours of operation are from half an hour before sunrise to half an hour after sunset;
• maximum sound from a device is 100dB LZpeak ¹;
• devices can operate at a frequency of three events per minute with a limit of 12 individual events per hour;
• a notice advising of device operation is fixed to the road frontage of the orchard containing the details of the person responsible for its operation; and
• Variable noise devices (such as distress call) that are used over a short or variable time duration may not exceed 50dBA SEL ².

¹ 100dB LZpeak is the 100 decibel Z weighting peak sound pressure limit. ABSD's are measured in the Lpeak level as this measurement responds better to short duration events such as gunshots. The Z weighting refers to the frequency weightings (A,C or Z) used in sound level meters. The correct weighting is given to ensure that the meter is similar to what is heard and Z weighting is often used for environmental noise.

² SEL or Sound Exposure Level is the summation of A weighted sound energy at a location over its true duration. SEL sound measurement is able to measure the net impact of an entire event such as the nature of distress calls which can be long in duration.

Existing Use
Ngā momo tauoranga

Orchardists already using ABSDs can continue to operate them provided they meet the existing permitted noise level of the District Plan.

Orchardists who do not comply with the permitted noise level may require a resource consent, at the orchardist's cost.

How do I know if my device meets the District Plan rules?
He aha ngā ahuatanga e tāea e au te mōhia mēnā kei te whai aku taputapu I ngā tikanga o te mahere rautaki ā rohe?

If orchardists are unsure whether they are operating their devices within the permitted noise range, Council is happy to visit and monitor each situation to ensure they are complying or to advise what changes they need to make to fall within the permitted noise level.