Off road Off road motorcycle

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 motorcycle use
        Off-road motorcycles or trail bikes make a characteristic sound.
        Many people find this sound annoying. Noise from trail bikes would be one
        of the most frequent sources of complaint from people living in rural areas.
        You might purchase a rural property so that you can enjoy riding an off-road
        motorcycle. However, your neighbours might purchase their rural properties so that
        they can enjoy the peace and quiet that the countryside offers. There is a clear conflict
        between these two aspirations and residents then look to Council to resolve the
        conflict. This brochure lays out the rules that cover this problem and how Council
        approaches the issue.

      „ Council’s role - finding the balance

        The District Plan provides for legitimate rural activities. Many farmers use motorcycles
        as a part of their work. To ride a motorcycle around a rural property to check
        stock and the security of boundary fencing is a legitimate rural activity. However, the
        Franklin portion of the Waikato District Operative District Plan also includes off-road
        motorcycle riding in the definition of active recreation. This sort of activity requires
        resource consent. An example of this would be where someone proposes to construct
        a track and invites others to ride using jumps and obstacles. Formation of a track would
        be considered active recreation and would require a resource consent before work
        began. Council has to take into account this rule when dealing with complaints about
        off-road motorcycles.
        Council also has to take into account the applicable New Zealand noise standards.
        These set out assessment methods and provide a basis on which a noise can be
        considered unreasonable or a health nuisance.
        Both the Resource Management Act and the Health Act provide systems for dealing
        with unreasonable noise.
        It would seem reasonable to allow the riding of off-road motorcycles for the purpose of
        recreation when ALL of the following are observed:
        • Only the people who normally reside on the property can ride motorcycles on
          the property
        • All motorcycles should have the factory fitted silencer without modification
        • The motorcycle/s can be ridden around the property but should not follow a track
          or use jumps

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                motorcycle use

                                       • The activity should be limited to a maximum of two hours per day and for a
                                         maximum of one hour at any one time
                                       • Motorcycles should be ridden in a considerate manner so as to minimise the noise.
                                         Keep at least 60 metres from a neighbour’s home
                                       • Care should be taken to preserve grass cover so that dust does not become a problem.
                                       If you are not able to keep to ALL of the items listed above you will need to seek a
                                       land use consent under the Resource Management Act prior to the commencement
                                       of riding.

                                    „ Motorcycles on reserves and beaches

                                       You need to be aware of the rules that apply when riding your off-road motorcycle in
                                       public areas like a reserve or beach:
                                       • Reckless use of a motor vehicle (including off-road motorcycles) can be prosecuted
                                       • There is a 50kph restriction on all beaches
                                       • Vehicles and horses are prohibited on dunes at the beach by bylaw.
                                       There are some sites in the district that have resource consent where it is permitted to
                                       ride off-road motorcycles.

                Please contact us if you would like any further information

            Ngaruawahia Office   Huntly Office            Raglan Office           Tuakau Office
            (Head Office)        142 Main Street          7 Bow Street            2 Dominion Road
            15 Galileo Street    Ph: 07 828 7551          Ph: 07 825 8129         Ph: 0800 492 452
            Ph: 07 824 8633

         0800 492 452

                                                                                                                                  November 2010

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