Council says gas gun no Plan breach, so “lawyer up”

The partial email trail between a group of Martinborough’s Ferry Road residents and South Wairarapa District Council staff is enlightening.

Nowhere do the staff tell residents that council accepts responsibility for resolving the vexing issue which the gas-gunned residents endure _ with some shots happening many times daily. 

Instead, CEO Janice Smith advises them to “lawyer up” at their own expense: the council won’t take the matter further.

Email exchanges: 

May 10 2023 to Rick Mead, former manager environmental services from resident Katie Jones: 

I have also seen the gas gun on the property … in the last two weeks, the last sighting was this Sunday (7th May). The last sound event I heard was yesterday morning, between 10 a.m. to 11.a.m. I was walking my dog down Ferry Road and during this time heard at least 3x sound events coming from the direction of the vineyard . These were sets of 3 shots in a row, and I did not consider them to be from duck hunters. 

10 May 2023 to Hilton Doherty from council officer Rick Mead: 

Morning Mr Doherty, we investigated complaint made about the gas cannon, our information differs from your position and I am satisfied what my officer has reported. As to any claim of firearm breach that is not a matter I will be investigating.

21 January 2024 to Council CEO Janice Smith from Hilton Doherty:

Gun operating continuously from January until after harvest, operating with noise in excess of 65 decibels, (95+ dB on our outdoor living area), operating with nets in place, operating in excess of 10 hours per day, exceeding six sound events per hour, operating canon before dawn and after dusk, locating canon on boundary next to drive/pedestrian access, placing canon within 100 metres of adjacent dwellings. 

We can only express our disappointment and frustration to SWDC’s lack of effective action on complaints during 2023…. E-mails to council seemed to fall into a black hole, we got no response, not even a courtesy of acknowledgement.

The … vineyard refuse to discuss the operation of the gas canon with us, and other residents.

30 January 2024 to CEO Janice Smith and Russell O’Leary from Hilton Doherty:
Gas canon op began Sunday 28/01. The gas canon is located on the western boundary of (the vineyard) within 3 metres of a notional boundary with an adjacent property containing a residence, is on immediately adjacent an access/pedestrian path with people potentially exposed to the noise and as such is a health and safety issue. The gas canon positioning is within 180 metres of our boundary: Measurements with reference to the Wairarapa Combined District Plan indicate excessive noise levels can occur when gas guns are located less than 300 metres from noise sensitive sites. 

01 February 2024 to Hilton Doherty from Russell O’Leary 

Hello Hilton. Thank you for your recent complaint enquiries regarding the operation and noise generated from gas canons at several vineyard properties, including your further email received today. Please be advised that our officers are investigating the matters in respect to noise levels, operations, the sites you have mentioned, including (the) vineyard. We will advise further upon completion of the related site noise investigation work.

05 February 2024 to McEwan and Smith from Doherty 

I am somewhat perturbed re a telephone discussion with Mr McEwan this afternoon, who advised … that Mr O’Leary will contact me later in the week. That is fine except the bird scaring device has been operating since 6:23 a.m. at sounds in excess of 65dB. I am happy to wait for Mr O’Leary to contact me but made the request to Mr McEwan that the bird scaring device … be turned off (as he also has nets in place) until that occurs.

09 February 2024 to Smith from Doherty 

Sound recording from our patio today 85dB. Gun has been operating since 7:23 a.m. That’s 7 hours. SWDC states gun should only be operated for a max of 4 hours per day. 

08 February 2024 to Mayor Martin Connelly from Ferry Road’s Lucy Taylor 

I write to you in relation to some very concerning noise issues that we have experienced over the last 6-12 months in the Martinborough area…. Calls to the council on this issue have achieved little to no action by local representatives. 

We have experienced significant noise pollution as a result of gas guns used to disrupt birds, in order to protect local grape crops. We have a reasonable level of understanding of the rules that should be adhered to in relation to this process; to be clear we fully support this process when said rules are duly followed, but it is our belief that there is an individual or individuals choosing not to abide by these parameters, even going so far as to actively antagonize and intimidate the local community. 

08 March 2024 from CEO Janice Smith to Hilton Doherty, Lucy Taylor 

The rules that apply are: The Combined Wairarapa District Plan states that bird-scaring devices can be used between sunrise and sunset as long as their use does not exceed the permitted level of 65dBA. 

Comments have been made about the content of the SWDC website in relation to bird scarers. The information on the SWDC website relating to the use of gas cannons or other tools to scare birds is an indication of best practice. They are not “rules” but suggestions for users to consider that go above and beyond the Wairarapa Combined District Plan requirements. They are not enforceable in terms of infringement as they are not the position in the Wairarapa Combined District Plan. 

I understand that you feel that the role of my officers is to infringe your neighbours but that is not possible if they are not breaching the requirements of the Combined Wairarapa District Plan. If (you) feel that your neighbours are going beyond the enforceable rules, I suggest you talk to them directly. 

Any action you consider necessary would need to be taken as a civil action either by yourself, or through appropriate legal representation, against your neighbours. I know this will not be the response you were hoping for but this advice is consistent with that given to others in your situation. Kind regards Janice Smith.

ends

IF the lead and pic fit the space with no spillover, then

at the end of the P1 copy we shd point:

(See also: “Lawyer up” P4)

PS: gas gun is two (2) words, even in headlines.