NEW ZEALAND & LEGALITY OF SPUD CANNONS?

[kiwilee]

We are living next door to the ultimate neighbours from hell.

The most recent nuisance that we are being subjected to is a spud cannon that our neighbours from hell built. When using this spud cannon they stand in their property close to the fenceline that separates their property from the next door farm. They shoot across the farm fence into the farm paddocks. The noise is horrendous and extremely frightening. We do not believe this should be allowed in a residential area and because we also fear there is potential for a person or animal in the farm paddocks to be injured, we called the Police about 10 days ago. They came out and listened to our concerns, with us pointing out too that the spud cannon is being fired into someone else's property from the spud cannon owner's property. The Police went round to the spud cannon owner's home and talked to them, returning to tell us he could see nothing illegal being done even though we again stressed the point that the spud cannon was being fired in a residential area and into someone else's - private - property. He told us he had suggested to them that they need to come and knock on our door each time before firing the spud cannon and that we should then go for a walk or such like "for about 2 hours" while our neighbours from hell have their fun!

Neighbours from hell have not, of course, knocked on our door and a short while ago (before posting this message at 8.46 p.m. Christmas Day) they were out firing the spud cannon again.

Reportedly the father of the child who is firing off the spud cannon told the Police he has a fire-arm licence, but the point is that it is an under 18 year old using this "weapon" ... we believe without direct supervision of his father because the spud cannon was fired last week when his parents were at work.

Is this legal use of a spud cannon and if not can someone please tell me what statute (law) I need to refer to and read in compiling a formal written complaint to the Police.

We think this is a combustion spud cannon because there is a break of around 3-5 minutes between firings.

Thank you for any information provided.

[jrrdw]

Spudfile members, please word any replies carefully as to not start any flame wars.

[Cthulhu]

Last I checked, all forms of Spud guns in Australia were considered firearms and required licensing. As long as the child is using the Spud gun under the supervision of his father then there isn't much you can do.
However, if you catch him in the act of using without supervision and get a photo or some evidence (watch the way you obtain this) then you could attempt to sue.

But all in all, I doubt it will persist very long. The kid will likely get bored of it after awhile like any toy, and unless he damages your property (another item which would give you a case) then I would suggest simply bearing with it or talking with your neighbors face to face and try to reason with them.

[jrrdw]

In hind sight going for a walk to avoid the noise is potently putting you in harms way if these kids aren't watching what they are doing. I must ask, did you try and talk to your neighbors before calling the police? Considering you titled your neighbor "neighbors from hell" do you all argue about a lot of things "fence line" related? A yes or no will do for answers, I'm not trying to get into your personal business but, you did bring this to us.

This is a American website but we are joined by members from around the world including New Zeeland, beautiful country by the way. You should tell your spud gunning neighbors about Spudfiles.com if they aren't members all ready maybe just maybe they will join and they can pick up on some be kind to your neighbors with your spud cannons and we all can learn something from this.

I'm also very interested in hearing their side of this, there is all ways two sides to every story.

As for your local laws on this you will have to do your home work on that, sounds like you did some all ready...

Give this topic a few days to build and someone might just give the right advice so you all can resolve at least the spud cannon issue.

[Zeus]

First of all, my advice to anyone is not get legal advice from forums, and never give it either. However, I have some recommendations.

Contact the nearest large police station and ask to speak to the District Firearms Officer. They may go by a different name in NZ. Ask if you can get the definition and requirements of firearms. If they turn out to be legal, then you need to proceed carefully and politely as you can fight it in a civil court. If illegal, the DFO will sort it out.

If they prove to be legal, take it up on a noise complaint basis, firstly write a polite letter and ask if they can restrict firing to within certain hours, remember, you have to compromise as much as them. While doing this, contact your lawyer, see what they have to say on it. From there, continue on as a noise complaint.

Remember folks, this thread could end up being used by NZ police, do not give out legal advice.

[Air2theBrain]

I would go and simply talk to them and see what they have built.

It's best to communicate with your neighbors first before calling the police to inspect anything.

I would join forces and launch some spuds with them.

Also if their not members here get them to post a build thread of what they have, i'd love to see what they have built.

[D_Hall]

We think this is a combustion spud cannon because there is a break of around 3-5 minutes between firings.

And as a total aside, I find myself scratching my head wondering what a 3-5 minute break between firings has to do with whether the gun is combustion or pneumatic. If anything, I would lean towards the pneumatic as combustion guns generally have a faster turn around time when in remote areas (ie, an air compressor isn't immediately available).

[Ragnarok]

I'm not a New Zealander, but the legality of spudguns in whichever jurisdiction aside, I have absolutely no tolerance for people endangering others with reckless use of spudguns, airguns or other firearms.

Scouring the New Zealand Arms Act 1983, these seem to be the relevant sections regarding firing near or onto the property of others:

Section 48: Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $3,000 or to both who, without reasonable cause, discharges a firearm, airgun, pistol, or restricted weapon in or near—
(a) a dwellinghouse; or
(b) a public place,—
so as to endanger property or to endanger, annoy, or frighten any person.

Section 53: Careless use of firearm, airgun, pistol, or restricted weapon
(3) Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $4,000 or to both who, without reasonable cause, discharges or otherwise deals with a firearm, airgun, pistol, or restricted weapon in a manner likely to injure or endanger the safety of any person or with reckless disregard for the safety of others.