Resource Consent Processes and Assessment
Scope
This domain tests the end-to-end resource consent process: activity classification, application content, notification, assessment, conditions, duration, review and appeal. Questions often turn on the non-complying gateway and on whether effects are adequately addressed.
Core rules
- RMA s 87AA classifies activities as permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited. For controlled activities the council reserves control only over specified matters; for restricted discretionary it restricts discretion to specified matters. For discretionary and non-complying activities the council may consider any relevant effect.
- An application under s 88 must include an assessment of environmental effects (AEE) meeting Schedule 4. Incomplete applications can be returned under s 88(3).
- Notification is governed by ss 95A–95E: public, limited or none. Limited notification turns on whether an affected person has an interest greater than the public generally and the effect is minor or more than minor.
- For a non-complying activity, s 104D requires either minor effects or that the activity is not contrary to the objectives and policies of the relevant plan before the full s 104 assessment is reached.
- Section 104(1) directs the council to actual and potential effects, relevant plan provisions and any other relevant matter. Conditions under s 108 must be reasonably necessary and enforceable.
Worked example
A landowner applies to build a dwelling in a rural zone where dwellings are non-complying. The planner applies s 104D first. If the dwelling would create more than minor effects and is contrary to the rural character objectives, consent cannot be granted, even if the site is otherwise suitable. If the gateway is passed, the planner then assesses effects, plan provisions and any relevant NPS or NES under s 104(1).
Traps
Jumping straight to s 104 for non-complying activities; confusing controlled and restricted discretionary activities; assuming limited notification removes appeal rights; and recommending conditions that are not tied to an effect.