S+SNZ Planning & Resource Management cheat sheet

Resource Management Act 1991 (RMA) is the core statute: s5 purpose (sustainable management of natural and physical resources), s6 matters of national importance, s7 other matters, s8 Treaty of Waitangi.

Hierarchy of instruments: national policy statements and national environmental standards bind regional policy statements, which bind regional and district plans; consents must be assessed against all applicable levels.

s104 consent decision criteria: actual and potential effects, relevant plan and policy provisions, other matters; s104D restricts contrary-to-plan consenting for non-complying activities.

s87A–s87G activity classes: permitted, controlled, restricted discretionary, discretionary, non-complying, prohibited; each class defines the scope of council discretion.

s13, s14, s15 RMA control use of beds of lakes/rivers, water take/damming/diversion, and discharge of contaminants; these are core regional council functions.

Environment Court sits under s309 and hears appeals on plan and consent decisions de novo; appeals on consent must be lodged within 15 working days of notification of decision.

National Planning Standards 2019 prescribe structure, definitions and format for policy statements and plans; regional and district plans must conform.

Other relevant statutes include Local Government Act 2002 (consultation, long-term plans), Conservation Act 1987, Heritage New Zealand Pouhere Taonga Act 2014, and Reserves Act 1977.

s88 application must include AEE, description of activity, site plan, affected persons, and assessment against plan objectives, policies and rules; incomplete applications may be returned under s88(3).

s95 notification test: public notification if effects more than minor or special circumstances; limited notification to affected persons with minor-or-greater effects; otherwise non-notified.

s95E affected person test: person has an interest in the proposal that is greater than the interest of the general public, and that interest may be adversely affected.

Assessment of Environmental Effects (AEE) under Schedule 4 must address effects on environment, affected persons, and mitigation measures; scale should be proportionate to significance.

Controlled activity: consent must be granted, but conditions may be imposed only on matters over which control is reserved in the plan.

Restricted discretionary: discretion limited to the matters specified in the plan rule; assessment must stay within those matters.

Non-complying under s104D: consent may only be granted if adverse effects are minor, or the activity is not contrary to objectives and policies.

s127 variation of conditions and s125 review of conditions allow adaptive management; s128 review can be initiated by council on specific grounds.

Schedule 1 RMA sets the plan-making process: pre-notification consultation, public notice, submissions, further submissions, hearings, decisions, and appeals.

Regional policy statements must be prepared by regional councils and reviewed every 10 years; district and regional plans have no fixed statutory review cycle but must be reviewed as required.

s32 evaluation must examine the effectiveness and efficiency of objectives, policies, rules and other methods, including alternatives and benefits/costs.

s32AA requires further evaluation of any changes made following submissions and hearings, recorded in the decision report.

s75 and s76 govern district plan content and rules; s30 and s67 govern regional council functions and regional plan content.

Plan changes can be initiated by council (s73) or by private request (s74); the same Schedule 1 process applies to both.

s85 Environment Court may direct a plan change if the plan is inconsistent with the RMA or a higher-order document.

National Planning Standards require standardised zone descriptions, definitions, and district plan structure.

New Zealand Geodetic Datum 2000 (NZGD2000) is the official geodetic datum; NZTM2000 is the standard projection for national mapping and property boundaries.

LINZ provides the cadastral survey dataset (CSD) and New Zealand Primary Parcel layer; survey plans are lodged with LINZ under the Cadastral Survey Act 2002.

Survey plans must be certified by a licensed cadastral surveyor under the Cadastral Survey Act 2002; accuracy standards are set in the Surveyor-General's rules.

GIS layers commonly used in planning include: parcel boundaries, hazard layers, heritage listings, zoning, and infrastructure networks; metadata quality and scale must be recorded.

Spatial accuracy and scale: 1:50,000 mapping is unsuitable for site-level assessment; use 1:1,000–1:5,000 for urban parcel work.

LiDAR and aerial imagery support flood, slope and vegetation mapping; always record capture date and accuracy statement in assessments.

Digital cadastral databases may have positional error; field survey is required where boundary location is material to a consent.

Subdivision is a controlled activity under s87AAC(2) if it meets standards; consent must be granted but conditions may address specified matters.

s220 RMA allows conditions on subdivision consent including esplanade reserves, amalgamation, and provision of infrastructure; s221 allows consent notices.

s224 completion certificate and s223 survey plan approval are required before the subdivision can be deposited; s226 allows bonding for works.

Development controls commonly include maximum height, yards/setbacks, site coverage, impermeable surface area, floor area ratio, and outdoor living space.

Esplanade reserves under s229–s237: 20 m standard width on subdivision of land adjoining the sea, lakes, and rivers over 3 m wide; reduced or increased widths possible.

Cross-lease and unit title subdivisions are governed by the Land Transfer Act 2017 and Unit Titles Act 2010, not just the RMA.

Financial contributions under s108 can be required for reserves, network infrastructure, or community facilities; must be in plan or policy statement.

s81 RMA requires councils to take into account the principles of the Treaty of Waitangi; s6(e) recognises the relationship of Māori with ancestral lands, water, sites, wāhi tapu and other taonga.

s36A RMA allows joint management agreements and transfers of powers to iwi authorities; s33 allows transfer of functions to iwi.

s7(a) requires particular regard to kaitiakitanga; s7(aa) to the ethic of stewardship; s8 requires the principles of the Treaty to be taken into account.

Local Government Act 2002 s82 requires consultation principles: accessible, informed, encouraged participation, and feedback with reasons.

Consultation is not the same as negotiation; it requires genuine opportunity for input, but the decision-maker retains the decision.

Mana whenua engagement should begin early; identify iwi authorities and hapū through Te Puni Kōkiri or council records; document engagement outcomes.

Heritage New Zealand Pouhere Taonga Act 2014 requires an archaeological authority for any activity that may modify or destroy an archaeological site, regardless of RMA consent.

Wāhi tapu and silent files: councils hold sensitive information on sites; access is restricted and must be handled with care.

s6 RMA matters of national importance include preservation of natural character of coastal environment, wetlands, lakes and rivers, and protection of outstanding natural features and landscapes.

s6(c) protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna; s6(f) protection of historic heritage.

s6(h) requires management of the coastal environment in accordance with the New Zealand Coastal Policy Statement 2010 (NZCPS).

Natural hazards under s6(h) and s7(i): councils must consider risk from flooding, erosion, earthquakes, volcanic activity, tsunamis, and climate change.

Heritage New Zealand Pouhere Taonga List and district plan heritage schedules are distinct; listing can trigger resource consent for demolition or alteration.

National Environmental Standards include NES for Freshwater 2020, NES for Air Quality, and NES for Contaminated Soil; these override plan rules where more stringent.

Hazard risk assessment should address likelihood, consequence, and residual risk; managed retreat and avoidance are preferred over hard protection in many coastal plans.

Significant Natural Areas (SNAs) identified in district plans are a common method for s6(c) protection; criteria include representativeness and rarity.

Survey and spatial professionals in New Zealand are regulated by the Cadastral Survey Act 2002 and the Surveyor-General; professional bodies include Survey and Spatial NZ (S+SNZ).

Ethical obligations typically include: competence, honesty, confidentiality, conflict-of-interest disclosure, and duty to the public interest.

Conflict of interest: declare any financial or personal interest; recuse from decision-making where a fair-minded observer might perceive bias.

Record-keeping: keep project files, field notes, and calculations for at least 7 years (common professional standard) and in accordance with the Privacy Act 2020.

Health and Safety at Work Act 2015 requires PCBU duties; site surveys need hazard identification, PPE, and traffic management plans.

Continuing professional development (CPD) is expected by professional bodies; keep a log of learning activities and reflect on practice.

Quality assurance: peer review of plans, checking calculations, and documented methodology support defensible professional opinions.

Privacy Act 2020 governs personal information collected during surveys and consultation; apply the information privacy principles.