Resource Management
The Resource Management Act 1991 is the core statute: its purpose (s 5) is sustainable management of natural and physical resources. Section 6 matters of national importance (coastal environment, outstanding natural features and landscapes, indigenous vegetation and habitat, wahi tapu, the Maori relationship with ancestral lands, water and sites) must be recognised and provided for; s 7 other matters must have particular regard; s 8 requires the principles of the Treaty of Waitangi.
Know the plan hierarchy: national policy statements and national environmental standards, regional policy statements, regional plans, district plans. Know the activity classes in s 87A - permitted, controlled, restricted discretionary, discretionary, non-complying, prohibited - and the consent types in s 87: land use, subdivision, coastal permit, water permit, discharge permit. The assessment of environmental effects follows Schedule 4; notification runs through ss 95A-95E. Designations (ss 168-179) may require an outline plan (s 176A), and conditions may include financial contributions (s 108).
Traps
- A permitted activity cannot be declined or notified; a controlled activity cannot be declined but conditions can only address the matters over which control is reserved.
- A non-complying activity must pass the gateway test in s 104D before merits assessment.
- Subdivision consent does not authorise the land use - a separate land use consent may be needed.
- Regional councils deal with water, discharge and coastal permits; territorial authorities with land use and subdivision.
- Consents generally lapse five years after grant unless given effect to (s 125); existing use rights sit in ss 10, 10A and 20A.
Rule of thumb
Classify first, then assess. If the proposal breaches a permitted standard (say an earthworks limit of 150 m3 where 250 m3 is proposed), it defaults to the activity status the plan assigns above that standard - commonly controlled or restricted discretionary. Assess only against the matters reserved; conditions outside those matters are ultra vires.