The management of noise from aircraft overflying sensitive environments
This investigation was carried out in response to a letter received by the Parliamentary Commissioner for the Environment (PCE) expressing concern about the lack of legislative control of noise from aircraft overflying areas valued for their tranquillity and privacy. The management of tourist air traffic, particularly over natural areas, was also raised as an issue by many of those consulted for the PCE's 1997 Tourism report. Thus, the PCE decided that this issue was worthy of further investigation.
The investigation also addresses the question of whether environmental effects from low-flying aircraft are best dealt with under the Resource Management Act 1991(RMA) or the Civil Aviation Act 1990 (CA Act).
Under the RMA, territorial authorities can make rules to control noise emissions from airports, including takeoffs and landings. However, this is different from controlling noise from aircraft that are in flight. The investigation found that the management of noise from over-flying aircraft and the control of aircraft flight paths to limit noise for people on the ground was limited. However, section 29A of the CA Act does allow the Minister of Civil Aviation to make ordinary rules in relation to the use of airspace for any reason in the "public interest" - this includes rules to limit the noise emitted by over-flying aircraft in sensitive areas.
The investigation concluded that it is appropriate to leave the control of flight paths with the Civil Aviation Authority under the CA Act. While local authorities have expertise in dealing with environmental management issues and noise pollution, cross-boundary and public safety issues mean that is it more cost effective and safer to leave the responsibility with CAA. CAA has no expertise in environmental management and noise pollution, however, this could be overcome through the development of a Code of Practice that ensures CAA consults with MFE as well as other interested parties including tourist operators and public interest groups in the development of any rules and/or guidelines.