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S+SNZ Planning & Resource Management practice questions

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Question 1Statutory Framework for Planning and Resource Management

Under the Resource Management Act 1991, which document must a regional council prepare to state the objectives, policies and methods for managing the natural and physical resources of its region?

  1. A district plan
  2. A regional policy statement Correct answer.
  3. A national environmental standard
  4. A resource consent

Explanation

Section 60 of the RMA requires every regional council to prepare and maintain a regional policy statement, which sets the broad direction for resource management across the region. District plans are prepared by territorial authorities, national environmental standards are set by central government, and resource consents are individual authorisations.

Question 2Statutory Framework for Planning and Resource Management

Which statutory purpose does section 5 of the Resource Management Act 1991 set for the whole Act?

  1. Ensuring economic development outranks environmental protection
  2. Preserving all natural resources in their current state
  3. Protecting the amenity values of urban neighbourhoods
  4. Promoting sustainable management of natural and physical resources Correct answer.

Explanation

Section 5 states that the purpose of the Act is to promote the sustainable management of natural and physical resources. Sustainable management is then defined in section 5(2) by reference to enabling people and communities to provide for their wellbeing while sustaining resources for future generations and avoiding, remedying or mitigating adverse effects.

Question 3Statutory Framework for Planning and Resource Management

A proposed activity will contravene a rule in a district plan unless a resource consent is first obtained. What is the status of that activity under the Resource Management Act 1991?

  1. A discretionary activity
  2. A non-complying activity
  3. A controlled activity Correct answer.
  4. A permitted activity

Explanation

An activity that can be undertaken only if a resource consent is obtained is a controlled, discretionary, restricted discretionary or non-complying activity depending on the plan rules. The description of needing consent unless the rule is met does not by itself identify the category, but of the options given a controlled activity is the category where consent is required and the council must grant it subject to conditions. The key point tested is that consent-requiring activities are not permitted.

Question 4Statutory Framework for Planning and Resource Management

Which body has the statutory function of considering and deciding applications for resource consents for activities within its district?

  1. The territorial authority Correct answer.
  2. The Environment Court
  3. The Minister for the Environment
  4. The regional council only

Explanation

Under section 31, a territorial authority has the function of controlling land use and subdivision and deciding resource consent applications for activities in its district. Regional councils decide consents for activities they control, such as discharges and water takes, but the question specifies activities within the district generally, which the territorial authority administers.

Question 5Statutory Framework for Planning and Resource Management

What is the principal purpose of a resource consent under the Resource Management Act 1991?

  1. To certify that an activity has no adverse effects
  2. To replace the need for any district plan rules
  3. To transfer ownership of natural resources to the consent holder
  4. To authorise an activity that would otherwise contravene a plan rule or the Act Correct answer.

Explanation

A resource consent authorises an activity that would otherwise be prohibited by a rule in a plan or by the Act, subject to conditions. It does not transfer ownership of resources, displace plan rules, or certify an absence of effects; conditions manage effects that remain.

Question 6Statutory Framework for Planning and Resource Management

Which document sets out the national direction that regional policy statements and plans must give effect to, and is prepared by the Minister for the Environment?

  1. A national policy statement Correct answer.
  2. A regional plan
  3. A designation
  4. A code of practice

Explanation

National policy statements are prepared under section 45 by the Minister for the Environment and state objectives and policies for matters of national significance. Councils must give effect to them in regional policy statements and plans under sections 62 and 67.

Question 7Statutory Framework for Planning and Resource Management

Which Act established the Environment Court and gives it jurisdiction to hear appeals on plan and consent decisions?

  1. The Conservation Act 1987
  2. The Resource Management Act 1991 Correct answer.
  3. The Local Government Act 2002
  4. The Building Act 2004

Explanation

The Resource Management Act 1991 constitutes the Environment Court and sets out its jurisdiction, including appeals against plan changes and resource consent decisions. The Local Government Act deals with local governance, the Conservation Act with conservation land, and the Building Act with building work.

Question 8Statutory Framework for Planning and Resource Management

What does the term 'permitted activity' mean in a district or regional plan?

  1. An activity that may be carried out without a resource consent because it complies with the relevant rule Correct answer.
  2. An activity that requires written approval from every neighbour
  3. An activity that is prohibited outright by the plan
  4. An activity that can proceed only after a hearing by the Environment Court

Explanation

A permitted activity is one that the plan allows as of right, provided the activity meets the standards and conditions stated in the rule. If those standards are not met, the activity falls into a consent-requiring category such as controlled or discretionary.

Question 9Statutory Framework for Planning and Resource Management

A developer proposes to subdivide land in a district. Which statutory instrument primarily controls the subdivision?

  1. The regional policy statement
  2. The building consent
  3. The national environmental standard for air quality
  4. The district plan Correct answer.

Explanation

Subdivision is controlled through district plan rules made under section 31 and section 106 of the RMA, and a subdivision consent is required where the plan does not permit it. Regional policy statements give direction but do not contain the operative subdivision rules, and a building consent addresses construction rather than land division.

Question 10Statutory Framework for Planning and Resource Management

Under section 104 of the Resource Management Act 1991, when considering a resource consent application, what must a consent authority have regard to?

  1. Any actual and potential effects on the environment and relevant plan provisions, among other matters Correct answer.
  2. Only the district plan's zoning map
  3. Only the views of the Minister for the Environment
  4. Only the applicant's financial position

Explanation

Section 104 requires the consent authority to have regard to actual and potential effects on the environment, relevant national direction, plan provisions and other statutory matters, subject to Part 2. It is a broad discretion rather than a single-factor test, so the answer identifying effects and plan provisions is the correct one.

Question 11Statutory Framework for Planning and Resource Management

What is the effect of a national environmental standard that sets a minimum standard for an activity?

  1. It is advisory and councils may ignore it
  2. It replaces the need for any regional policy statement
  3. It applies only to Crown land
  4. It overrides less stringent plan rules and may allow the activity as permitted in some cases Correct answer.

Explanation

National environmental standards made under section 43 have the force of regulation and prevail over less stringent plan rules. Some standards permit activities that would otherwise need consent, while others impose requirements that plans cannot undercut.

Question 12Statutory Framework for Planning and Resource Management

What legal test must an applicant satisfy under section 104D before a non-complying activity consent can be granted?

  1. The council must be satisfied the activity is permitted
  2. The activity must be supported by every submitter
  3. The applicant must own all adjoining land
  4. The adverse effects must be no more than minor, or the activity must not be contrary to the objectives and policies of the plan Correct answer.

Explanation

Section 104D sets a threshold for non-complying activities: the consent authority must be satisfied either that the adverse effects are no more than minor, or that the activity is not contrary to the objectives and policies of the relevant plan. Only if one limb is met can the application be considered on its merits under section 104.

Question 13Statutory Framework for Planning and Resource Management

Which statutory mechanism allows a requiring authority to protect land for a public work without a resource consent?

  1. A permitted activity rule
  2. A heritage order
  3. A designation Correct answer.
  4. A covenant

Explanation

A designation under section 168 protects land for a public work or project, and once in a district plan it authorises the work subject to conditions. A heritage order protects heritage values, and a covenant is a private instrument rather than a statutory authorisation for public works.

Question 14Statutory Framework for Planning and Resource Management

A regional council proposes a plan change that will affect a local community. Which consultation obligation applies under the Resource Management Act 1991?

  1. The council must obtain the Minister's written approval
  2. The council must use the special consultative procedure in the Local Government Act 2002
  3. The council may decide without any public notice
  4. The council must publicly notify the proposed change and call for submissions Correct answer.

Explanation

Plan changes are prepared using the Schedule 1 process, which generally requires public notification and a submission and hearing process. The special consultative procedure belongs to the Local Government Act and is not the RMA mechanism, and ministerial approval is not required for a routine plan change.

Question 15Statutory Framework for Planning and Resource Management

What is the status of a rule in a proposed plan once it is publicly notified?

  1. It applies only to the council's own activities
  2. It has no legal effect until the plan is made operative
  3. It overrides the operative plan entirely
  4. It has immediate legal effect in some circumstances, particularly if it protects against significant adverse effects Correct answer.

Explanation

Under section 86B, a rule in a proposed plan may have immediate legal effect where it protects against significant adverse effects or where the plan change is required by national direction. Otherwise rules generally take effect when the plan becomes operative.

Question 16Statutory Framework for Planning and Resource Management

Which statutory provision requires a territorial authority to monitor the state of the environment in its district?

  1. Section 12 of the Local Government Act 2002
  2. Section 35 of the Resource Management Act 1991 Correct answer.
  3. Section 5 of the Resource Management Act 1991
  4. Section 9 of the Building Act 2004

Explanation

Section 35 imposes monitoring duties on local authorities, including monitoring the state of the environment and the effectiveness of plans and consents. Section 5 states the Act's purpose, and the other Acts cited do not contain the RMA monitoring duty.

Question 17Statutory Framework for Planning and Resource Management

An applicant seeks a resource consent for an activity that is discretionary. What discretion does the consent authority have?

  1. It may grant or refuse consent and impose conditions Correct answer.
  2. It must grant consent but may impose conditions
  3. It must refer the application to the Environment Court
  4. It must refuse consent unless the activity is permitted

Explanation

For a discretionary activity the consent authority may grant or refuse consent and, if granted, impose conditions under section 108. The council is not obliged to grant, as it is for a controlled activity, nor obliged to refuse.

Question 18Statutory Framework for Planning and Resource Management

Which principle guides the allocation of functions between regional councils and territorial authorities under the Resource Management Act 1991?

  1. Regional councils control all land use within districts
  2. Regional councils focus on region-wide matters such as water, soil and discharges, while territorial authorities focus on land use and subdivision within districts Correct answer.
  3. Territorial authorities control all discharges to water
  4. Functions are allocated randomly by the Minister

Explanation

Sections 30 and 31 divide functions: regional councils manage region-wide resources such as water, soil, air and discharges, while territorial authorities control land use and subdivision within their districts. The division aims to match functions to the scale at which effects arise.

Question 19Statutory Framework for Planning and Resource Management

What is the purpose of a heritage order under the Resource Management Act 1991?

  1. To set the district's rates
  2. To protect a place or structure of heritage significance from modification or destruction Correct answer.
  3. To permit subdivision without consent
  4. To authorise discharges to water

Explanation

A heritage order under section 187 protects a place, structure or area of heritage significance by restricting activities that would modify or destroy it. It is a protective instrument and does not authorise discharges, set rates, or permit subdivision.

Question 20Statutory Framework for Planning and Resource Management

A council is preparing a regional policy statement and must give effect to a national policy statement. Which section imposes that duty?

  1. Section 108
  2. Section 5
  3. Section 62 Correct answer.
  4. Section 168

Explanation

Section 62 requires a regional policy statement to give effect to national policy statements and national environmental standards. Section 5 states the purpose of the Act, section 108 deals with consent conditions, and section 168 deals with designations.

Question 21Statutory Framework for Planning and Resource Management

What does the 'avoid, remedy or mitigate' formulation in section 5(2)(c) of the Resource Management Act 1991 require?

  1. Effects are irrelevant if the activity is permitted
  2. Only economic effects must be addressed
  3. All adverse effects must be eliminated entirely
  4. Adverse effects on the environment must be avoided, remedied or mitigated as part of sustainable management Correct answer.

Explanation

Section 5(2)(c) defines sustainable management partly by reference to avoiding, remedying or mitigating adverse effects on the environment. It does not require total elimination of effects; it provides a hierarchy of responses, and permitted activities still must meet their rule standards.

Question 22Statutory Framework for Planning and Resource Management

Which statutory document must a territorial authority prepare to manage land use and subdivision in its district?

  1. A regional policy statement
  2. A water conservation order
  3. A national environmental standard
  4. A district plan Correct answer.

Explanation

Section 72 requires every territorial authority to prepare a district plan for its district, setting out objectives, policies and rules for land use and subdivision. Regional policy statements and national environmental standards are prepared at other levels, and water conservation orders are made under a different Part of the Act.

Question 23Statutory Framework for Planning and Resource Management

An activity is described in a plan as a controlled activity. What is the consent authority's obligation if the application meets the relevant standards?

  1. It must refer the application to the Minister
  2. It must decline consent if a neighbour objects
  3. It may refuse consent on any ground
  4. It must grant consent but may impose conditions over matters the plan reserves control over Correct answer.

Explanation

For a controlled activity the consent authority must grant consent if the activity meets the standards in the plan, and may impose conditions only on the matters over which the plan reserves control. Refusal is not available, and neighbour objection is not a ground for declining a controlled activity.

Question 24Statutory Framework for Planning and Resource Management

Which statement best describes the relationship between a regional policy statement and a district plan under the Resource Management Act 1991?

  1. A district plan must not be inconsistent with the regional policy statement Correct answer.
  2. The two documents are prepared by the same authority
  3. A regional policy statement has no legal effect on district plans
  4. A district plan overrides the regional policy statement

Explanation

Section 75 requires a district plan to be prepared in accordance with the regional policy statement and not inconsistent with it. The regional policy statement provides the regional framework that district plans must implement, rather than being overridden by them.

Question 25Statutory Framework for Planning and Resource Management

What is the effect of section 85 of the Resource Management Act 1991 on existing plan rules?

  1. A plan rule can be ignored if the consent authority disagrees with it
  2. A plan rule may be challenged only through the plan change process, not by arguing it is invalid in a consent hearing Correct answer.
  3. A plan rule automatically lapses after five years
  4. A plan rule can be overridden by a resource consent applicant

Explanation

Section 85 provides that a plan rule cannot be challenged in proceedings other than the plan change process, which gives plan rules certainty once operative. A consent authority must apply the rule as it stands, and rules do not automatically lapse after five years.

Question 26Statutory Framework for Planning and Resource Management

A regional council is deciding whether to grant a discharge permit for an activity that a proposed regional plan classifies as a discretionary activity. Which planning status governs the council's assessment at the time it decides the application?

  1. The status under the national environmental standard only, because it overrides both plans
  2. The status under the proposed plan, because a proposed rule has immediate legal effect once notified Correct answer.
  3. The status under the operative plan, because proposed rules have no legal weight until they are made operative
  4. The status under whichever document the applicant nominates in the application

Explanation

Under section 86B of the RMA, a rule in a proposed plan has immediate legal effect from notification if it protects or relates to certain listed matters, and otherwise section 86D applies once decisions are released. In practice the council must assess the activity against the proposed plan's status where the rule has effect, alongside the operative plan.

Question 27Statutory Framework for Planning and Resource Management

What is the statutory function of the Environment Court in relation to plan appeals under the Resource Management Act 1991?

  1. It sets national policy direction that councils must then implement through plans
  2. It hears appeals on the substance of plan provisions and may direct the local authority to amend its plan Correct answer.
  3. It provides non-binding mediation that replaces the council's own hearing process
  4. It reviews the legality of council decisions and remits them to the High Court for reconsideration

Explanation

The Environment Court is established as a specialist court with jurisdiction to hear appeals on plan provisions and consent decisions. On a plan appeal it can confirm, amend or direct changes to the plan, exercising its own judgment on the merits rather than only reviewing legality.

Question 28Statutory Framework for Planning and Resource Management

A landowner wants to build a dwelling on land zoned rural where the district plan lists residential activity as a permitted activity subject to standards on lot size and setback. The proposal meets every standard. What is the correct planning outcome?

  1. The activity may proceed as of right without a resource consent, provided it complies with the standards Correct answer.
  2. The landowner must obtain a certificate of compliance before any building work can start
  3. The activity becomes a controlled activity because the council retains discretion over design
  4. The landowner must still apply for a resource consent because dwellings always require approval

Explanation

A permitted activity is one that a plan allows without a resource consent, provided it complies with any conditions or standards in the plan. If the proposal satisfies all the stated standards, no consent is required, though other approvals such as building consent may still apply.

Question 29Statutory Framework for Planning and Resource Management

A regional plan contains a rule that a discharge of contaminants into a river is a non-complying activity. An applicant's proposal will have minor adverse effects and will not be contrary to the objectives and policies of the plan. Which gateway under section 104D of the RMA does the application satisfy?

  1. Both gateways must be satisfied in every case, so the application fails
  2. Neither gateway, because non-complying activities can never be granted consent
  3. The plan gateway, because the proposal is not contrary to objectives and policies Correct answer.
  4. The effects gateway, because adverse effects are no more than minor

Explanation

Section 104D provides two alternative gateways for non-complying activities: adverse effects no more than minor, or the proposal not being contrary to the objectives and policies of the relevant plan. Satisfying either one allows the application to proceed to the substantive section 104 assessment.

Question 30Statutory Framework for Planning and Resource Management

What is the legal effect of a national environmental standard made under the Resource Management Act 1991 on a district rule that sets a weaker environmental bottom line for the same activity?

  1. The national environmental standard has no effect until it is incorporated into the district plan
  2. The district rule is suspended and the national environmental standard prevails to the extent of the inconsistency Correct answer.
  3. The district rule prevails because local plans are more specific to the area
  4. Both instruments apply concurrently and the consent authority chooses the stricter one

Explanation

National environmental standards are regulations that set nationwide minimum standards, and section 43B of the RMA provides that they prevail over inconsistent plan rules. A plan cannot undercut a national standard, so the weaker district rule cannot be applied.

Question 31Statutory Framework for Planning and Resource Management

A territorial authority is preparing its district plan and must decide how to treat an area of significant indigenous vegetation. Which statutory obligation most directly requires the authority to address this in its plan?

  1. The duty to have particular regard to the efficiency of resource use under section 7
  2. The duty to recognise and provide for matters of national importance under section 6 Correct answer.
  3. The duty to take into account the principles of the Treaty of Waitangi under section 8
  4. The duty to monitor the state of the environment under section 35

Explanation

Section 6 of the RMA requires decision-makers to recognise and provide for matters of national importance, which include the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna. This duty is stronger than the section 7 matters, which require particular regard.

Question 32Statutory Framework for Planning and Resource Management

A council is notified of a plan change and a person wishes to challenge a provision in it. Which step must the person generally take before the matter can reach the Environment Court?

  1. File an appeal directly with the Environment Court within the statutory appeal period
  2. Make a submission on the proposed plan change during the submission period Correct answer.
  3. Apply to the Minister for the Environment to call the matter in
  4. Lodge a judicial review application in the High Court

Explanation

The RMA requires a person to make a submission on a proposed plan or plan change before they can appeal a decision on it to the Environment Court. Participation at the submission stage preserves the right of appeal.

Question 33Statutory Framework for Planning and Resource Management

A consent authority is assessing an application for a discretionary activity. What is the correct scope of its discretion under section 104 of the RMA?

  1. It may grant or refuse consent and may impose conditions, subject to the plan's objectives and policies and the section 104 matters Correct answer.
  2. It must grant consent because the activity is not prohibited, and it may only impose conditions on design
  3. It has no discretion and must apply the plan's rules mechanically
  4. It may refuse consent only if the activity would breach a national environmental standard

Explanation

For a discretionary activity, the consent authority exercises a broad discretion to grant or refuse consent and to impose conditions, guided by the matters in section 104 including plan objectives and policies and the section 5 purpose. The discretion is not unlimited, but it is far wider than for controlled activities.

Question 34Statutory Framework for Planning and Resource Management

A regional council and a territorial authority disagree about which of them should control an activity involving both land use and the taking of water. Which statutory approach resolves the division of functions?

  1. The functions are allocated by agreement between the two councils and recorded in a memorandum of understanding
  2. The functions are allocated by the Environment Court on application by either council
  3. The functions are allocated by the RMA itself, with regional councils controlling water and discharges and territorial authorities controlling land use and subdivision Correct answer.
  4. The functions are allocated by the Minister for the Environment on a case-by-case basis

Explanation

Sections 30 and 31 of the RMA allocate functions: regional councils are responsible for matters such as water, discharges and coastal management, while territorial authorities control land use and subdivision. The allocation is statutory, so disputes are resolved by reference to those provisions rather than by agreement.

Question 35Statutory Framework for Planning and Resource Management

What is the primary purpose of a heritage order made under the Resource Management Act 1991?

  1. To transfer ownership of a heritage building to the local authority
  2. To protect a place or structure of special heritage significance by restricting activities that would adversely affect it Correct answer.
  3. To exempt a heritage building from all building code requirements
  4. To provide a grant that funds the restoration of a heritage building

Explanation

A heritage order is a statutory mechanism that protects a place, structure or tree of special significance by restricting activities that would adversely affect it. It operates as a planning control rather than a transfer of ownership or a funding instrument.

Question 36Statutory Framework for Planning and Resource Management

A plan contains an existing rule that became operative several years ago. A landowner argues the rule is now unreasonable and should no longer apply. What does section 85 of the RMA provide in relation to that rule?

  1. A rule may be challenged on the basis that it is unreasonable, but only through the plan change process rather than a collateral attack on the rule Correct answer.
  2. A rule automatically lapses after five years unless it is reviewed by the council
  3. A rule has no effect once a proposed plan is notified covering the same subject
  4. A rule can be set aside by the Environment Court in enforcement proceedings at any time

Explanation

Section 85 of the RMA restricts challenges to operative plan rules, requiring that the validity of a rule be tested through the plan change or review process rather than collaterally in other proceedings. This preserves the integrity of the planning framework while allowing rules to be revisited through the proper statutory route.

Question 37Statutory Framework for Planning and Resource Management

What does the term 'controlled activity' mean where it appears in a district plan?

  1. The consent authority must grant consent but may impose conditions on specified matters Correct answer.
  2. The activity may proceed without consent provided it meets the plan's standards
  3. The consent authority may grant or refuse consent based on the full section 104 assessment
  4. The activity is prohibited unless a national environmental standard permits it

Explanation

For a controlled activity the consent authority must grant consent, but its discretion is limited to the matters over which the plan reserves control, such as design or servicing. This distinguishes it from discretionary activities, where refusal is open.

Question 38Statutory Framework for Planning and Resource Management

A council is preparing a plan change affecting a local community. Which consultation obligation under the RMA applies before the plan change is notified?

  1. The council must consult with the community in accordance with the consultation principles in section 82 of the RMA Correct answer.
  2. The council must hold a public referendum on the proposed change
  3. The council must obtain the written approval of every affected landowner
  4. The council must use the special consultative procedure in the Local Government Act 2002 before notification

Explanation

Section 82 of the RMA sets out consultation principles, including giving affected persons reasonable access to relevant information and a reasonable opportunity to present their views. This applies to the preparation of plans and plan changes before notification.

Question 39Statutory Framework for Planning and Resource Management

A requiring authority wishes to designate land for a new substation. What is the effect of a designation once it is included in a district plan?

  1. The designation lapses automatically after two years unless construction has begun
  2. The designation exempts the requiring authority from all other statutory approvals, including building consent
  3. The designated land is transferred to the requiring authority in fee simple immediately
  4. The designated land is protected for the public work, and activities that would prevent or hinder the work require the requiring authority's written approval Correct answer.

Explanation

A designation identifies land in a district plan for a public work and protects it from activities that would prevent or hinder the work, with the requiring authority's written approval required for such activities. It does not transfer ownership or remove other statutory approval requirements.

Question 40Statutory Framework for Planning and Resource Management

A territorial authority is reviewing its district plan and wants to include a rule that sets a minimum lot size for subdivision in a rural zone. Which statutory provision empowers the council to include that rule in the district plan?

  1. Section 5 of the Resource Management Act 1991, which states the purpose of sustainable management.
  2. Section 32 of the Resource Management Act 1991, which requires evaluation of policies and rules before notification.
  3. Section 31 of the Resource Management Act 1991, which sets out the functions of territorial authorities including the control of subdivision and land use. Correct answer.
  4. Section 108 of the Resource Management Act 1991, which allows conditions to be imposed on resource consents.

Explanation

Section 31 defines the functions of a territorial authority, and these functions include the control of subdivision of land and the use of land, so a district plan rule on minimum lot size falls within that function. Section 5 states the Act's purpose and guides interpretation but does not itself confer rule-making power on a council. The rule-making power for district plans is exercised through the plan preparation provisions, which operate within the section 31 functions.

Question 41Resource Consent Processes and Assessment

Under the Resource Management Act 1991, which document must a consent authority apply when deciding an application for a resource consent?

  1. The building consent conditions issued under the Building Act 2004
  2. The district or regional plan, together with Part 2 matters and any relevant national direction Correct answer.
  3. The applicant's own environmental management system
  4. The most recent Infrastructure Strategy published by the local authority

Explanation

Section 104 requires the consent authority to have regard to the relevant plan provisions, Part 2 of the Act, and any national environmental standards, national policy statements or other regulations. The plan framework and Part 2 are therefore the core decision instruments, not the applicant's internal systems or unrelated statutory documents.

Question 42Resource Consent Processes and Assessment

What is the standard notification test for an application that is not publicly notified and not limited notified?

  1. The consent authority must decide whether the activity is a controlled activity
  2. The consent authority must decide whether the applicant has requested non-notification
  3. The consent authority must decide whether any person has lodged a submission
  4. The consent authority must decide whether the adverse effects are more than minor Correct answer.

Explanation

Section 95A requires an authority to publicly notify an application if it decides the activity's adverse effects are more than minor, or if special circumstances exist. The default is therefore an effects-based assessment, not a matter of applicant preference.

Question 43Resource Consent Processes and Assessment

A consent authority is assessing an application for a discretionary activity. Which statutory direction best describes how it must treat an adverse effect that is minor?

  1. It must disregard the effect entirely because it is minor
  2. It must decline consent unless the effect is remedied
  3. It may grant consent only if the effect is offset
  4. It must weigh the effect alongside other effects and relevant matters Correct answer.

Explanation

Under section 104 the authority must have regard to the effects on the environment, and minor effects are still part of that assessment. Nothing in the Act requires minor effects to be disregarded or requires consent to be declined because of them.

Question 44Resource Consent Processes and Assessment

What is the primary purpose of a permitted activity rule in a plan?

  1. To allow an activity to be undertaken without a resource consent provided the stated standards are met Correct answer.
  2. To allow an activity only after written approval from affected neighbours
  3. To prohibit an activity unless a plan change is obtained
  4. To require a resource consent but limit submissions to the applicant

Explanation

A permitted activity rule authorises an activity without a resource consent as long as all the conditions and standards in the rule are satisfied. If the standards are breached the activity falls outside the rule and its activity status must be reassessed.

Question 45Resource Consent Processes and Assessment

An activity breaches a permitted activity standard by a small margin. Which activity status most likely applies if the plan contains no specific rule for that breach?

  1. Discretionary, because the activity is not expressly permitted or otherwise classified Correct answer.
  2. Permitted, because the breach is small
  3. Prohibited, because any breach is automatically prohibited
  4. Controlled, because standards are always discretionary

Explanation

Where an activity does not meet a permitted activity standard and no other rule in the plan classifies it, it is treated as a discretionary activity. The size of the breach does not itself create a permitted or prohibited status.

Question 46Resource Consent Processes and Assessment

What is the statutory time frame within which a consent authority must notify a decision on a non-notified resource consent application, excluding any extension or agreed longer period?

  1. 10 working days
  2. 30 working days
  3. 20 working days Correct answer.
  4. 60 working days

Explanation

Section 115 requires a consent authority to notify its decision within 20 working days after the close of submissions, or for non-notified applications, within 20 working days of receiving the application. Longer periods apply only where the Act or an agreement permits.

Question 47Resource Consent Processes and Assessment

Which party bears the onus of establishing that a resource consent application should be granted?

  1. Submitters who support the application
  2. The Minister for the Environment
  3. The consent authority
  4. The applicant Correct answer.

Explanation

The applicant carries the onus of providing adequate information and satisfying the authority that the application meets the statutory and plan tests. Submitters and the authority respond to that case rather than bearing the burden of proof.

Question 48Resource Consent Processes and Assessment

Which of the following best describes a controlled activity?

  1. The consent authority may grant or decline consent at its discretion
  2. The consent authority may grant consent without any conditions
  3. The consent authority must decline consent unless the activity is prohibited
  4. The consent authority must grant consent but may impose conditions over specified matters Correct answer.

Explanation

For a controlled activity the authority must grant consent, but its discretion is limited to the matters over which control is reserved in the plan. Conditions can only address those reserved matters.

Question 49Resource Consent Processes and Assessment

An applicant seeks consent for a non-complying activity. Which gateway test must the application pass before the authority can consider granting consent?

  1. The activity must be provided for in the plan or the effects must be no more than minor Correct answer.
  2. The adverse effects must be no more than minor only
  3. The applicant must obtain written approval from every neighbour
  4. The activity must be consistent with a national environmental standard only

Explanation

Section 104D sets a threshold test for non-complying activities: the application must either be for an activity the plan provides for, or have adverse effects that are no more than minor. Only after passing this gateway can the authority exercise its broader discretion.

Question 50Resource Consent Processes and Assessment

A submitter wishes to appeal a decision granting a resource consent. Which statement correctly describes the appeal pathway?

  1. The submitter may appeal only if the Minister grants leave
  2. The submitter may appeal to the local authority's hearings panel for reconsideration
  3. The submitter may appeal to the Environment Court within 15 working days of receiving the decision Correct answer.
  4. The submitter may appeal directly to the High Court within 20 working days

Explanation

Section 120 allows a person who made a submission to appeal a consent decision to the Environment Court within 15 working days of being served with the decision. The appeal is limited to matters raised in the submission.