Bird Scaring Rules Reminder

Marlborough District Council have noticed an increase in complaints regarding the use of lasers for bird scaring purposes. The issue appears to be with calibration causing the light to either enter neighbouring properties and homes or affecting road users.
 
A reminder of the information and guidelines used in regard to the use of lasers is outlined below:
 
Use of Lasers
 
Summary Offences Act 1981
The use of lasers is currently governed by multiple areas of Legislation. It is an offence against the Summary Offences Act 1981 to have a high-power laser pointer in a public place without excuse. It is also important to note that it is illegal to possess a laser pointer greater than 1mw without permit.
 
Resource Management Act 1991
Under Section 17 Duty to avoid, remedy, or mitigate adverse effects of the Resource Management Act 1991 (RMA) is a breach to create an adverse effect on the environments arising from an activity carried on by or on behalf of the person.
 
District Council Nuisance Bylaw 2017 Part 2,
There is also the Marlborough District Council Nuisance Bylaw 2017 Part 2, point 6 states that Every person undertaking an activity on any road or any private property or public place must ensure that they do not cause a nuisance when undertaking the activity.
 
Civil Aviation Authority (CAA).
The CAA also has policies in place in regards to the use of lasers, particularly around areas where aircraft are operated, the relevant information can be found at https://www.aviation.govt.nz/safety/laser/.

The rules for bird scaring devices can be found on this fact sheet.

Vineyards close to the Airport

Marlborough Airport Limited (MAL) have raised concerns about the increasing use of lasers for bird scaring on vineyards within a 4 km radius of the Woodbourne airfield boundary. Lasers are a major hazard to airspace if they can adversely affect the pilot or the aircraft operation and information is available from NZCAA Rule Part 77.7. Not meeting the requirements is an offence under the CAA.

On a scale of closeness and depending on laser power (normally class 3B lasers), the hazards are:
• Distraction
• Cockpit Glare (3339m)
• Flash blindness (747m)
• Eye damage / Scotomas (159m)

MAL recommendations for vineyards that use of lasers within 4 kms of the airfield boundary include:
• laser use must be class 3B or less (5 to <500mW)
• raised and substantively mounted to always point below the horizontal
• only used during the hours of daylight

Vineyards within 4 km radius of the Woodbourne airfield boundary should proactively implement the above recommendations, and ensure you are familiar with the NZCAA Rule Part 77.7 (link to PDF). Worksafe have also published guidelines on Safe use of lasers for bird-scaring (link to PDF).