Residents battle Defence Force noise covenant proposal

Residents are fighting an appeal to the Environment Court by the New Zealand Defence Force to...
Residents are fighting an appeal to the Environment Court by the New Zealand Defence Force to have a no-complaints covenant on their properties. Photo: Supplied
West Melton residents are battling another bid by the New Zealand Defence Force to place covenants on their properties.

The NZDF, which operates the West Melton Rifle Range, is appealing to the Environment Court to have a ‘no noise complaints’ covenant placed on properties in a 1.5km radius around the range, something it has been trying to achieve for several years.

Placing this covenant – a restriction that governs how a landowner can use their land – means residents would not be able to complain if they believed there was too much noise coming from the rifle range.

As part of the District Plan review the NZDF attempted to have the covenant added, but was knocked back by the hearings panel, leading to its appeal.

Opposing the appeal are Rein the Range, a group of nearly 300 residents led by Jerry Larason, and individual residents Letesha and Bryan Dempster and Alan Roberts.

All are opposing the appeal because of the effects a covenant will have on their properties.

Said Larason: “Putting a no noise covenant on landowner’s property titles will cause those properties to be devalued significantly and (make them) harder to sell.”

Larason said residents are currently happy with the status quo following an agreement made with the NZDF in 2009 after a blast wave damaged properties and distressed animals.

The agreement was made with Rein in the Range and then-commander of Burnham Military Camp and range Colonel Phil McKee. The arrangement, which was called the “good neighbour policy”, meant residents were notified of range activities.

NZDF director of environmental services Rob Owen said the increased residential development may limit the amount of activity on the range.

“Increasing residential development in the vicinity of the training area will inevitably lead to increasing pressure to limit or cease training activities,” Owen said.

Larason said the name ‘rifle range’ is no longer applicable as it caters to a wide range of defence force activities.

“It needs to be called the West Melton rifle, explosive, and mortar range,” Larason said.

Owen agreed that much more gets done on the range.

“Although the site is commonly referred to as a ‘rifle range’ it holds a ‘defence purposes’ designation issued by the Minister of Defence, meaning it is a training area which caters for a wide variety of military training activities,” he said.

A date is yet to be set for any Environment Court mediation or hearing.

This is not the first fight Larason has fought. In 2013 he went on a hunger strike that lasted less than a day to settle a dispute with his insurers AIG and dressed as a prisoner in 2017 outside Vero’s annual gala dinner to again protest insurance claims.