3.0 Parts 2, 3, 6 and 10 and Schedule 4 Resource Management Act 1991

Question 1

Section 6 details seven aspects considered as matters of national importance. Three of the listed seven matters specifically relate to inappropriate subdivision and development. Name two of the three matters that relate to inappropriate subdivision and development.

Answer 1

Matters of national importance
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:
(f) the protection of historic heritage from inappropriate subdivision, use, and development.

Question 2

Section 100 states “A hearing need not be held in accordance with this Act in respect of an application for a resource consent unless…” and provides for two circumstances that would necessitate a hearing. Name the two circumstances.

Answer 2

100 Obligation to hold a hearing
A hearing need not be held in accordance with this Act in respect of an application for a resource consent unless—
(a) the consent authority considers that a hearing is necessary; or
(b) either the applicant or a person who made a submission in respect of that application has requested to be heard and has not subsequently advised that he or she does not wish to be heard.

Question 3

Where a hearing of an application for a resource consent is necessary Section 101 (3) requires the consent authority to give notice of the hearing. Who does the consent authority have to give this notice to and how many days’ notice is required?

Answer 3

The consent authority shall give at least 10 working days’ notice of the commencement date and time, and the place, of a hearing of an application for a resource consent to—

(a) the applicant; and
(b) every person who made a submission on the application stating his or her wish to be heard and who has not subsequently advised that he or she does not wish to be heard

Question 4

Section 221 (1) requires a territorial authority to issue a consent notice in certain circumstances. What are these circumstances?

Answer 4

Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224, issue a consent notice specifying any such condition.

Question 5

What are the purposes of Esplanade Reserves and Esplanade Strips as defined by Section 229?

Answer 5

229 Purposes of esplanade reserves and esplanade strips
An esplanade reserve or an esplanade strip has 1 or more of the following purposes:
(a) to contribute to the protection of conservation values by, in particular,—
(i) maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or
(ii) maintaining or enhancing water quality; or
(iii) maintaining or enhancing aquatic habitats;
(iv) protecting the natural values associated with the esplanade reserve or esplanade strip; or
(v) mitigating natural hazards; or
(b) to enable public access to or along any sea, river, or lake; or
(c) to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values

Question 6

What is the purpose of the Act, as specified in section 5 RMA?

Answer 6

To promote the sustainable management of natural and physical resources.

Question 7

Section 3 RMA defines the meaning of ‘effect’, for the purposes of the Act, to include 6 categories of effects. Please list three of them.

Answer 7

• any positive or adverse effect
• any temporary or permanent effect
• any past, present, or future effect
• any cumulative effect which arises over time or in combination with other effects
• any potential effect of high probability
• any potential effect of low probability which has a high potential impact.

Question 8

Under section 11(1)(a) RMA, no person may subdivide land unless the subdivision meets two criteria. What are these two criteria?

Answer 8

The subdivision is:

• expressly allowed by a national environmental standard, a rule in a district plan as well as a rule in a proposed district plan for the same district (if there is one), or a resource consent
• shown on a survey plan that is either deposited by the RGL, or approved by the relevant Chief surveyor (now Surveyor-General) under section 228 RMA

Question 9

In section 218 RMA, the term ‘subdivision of land’ is defined as meaning the division of an allotment in any one of five ways. Please list three of them

Answer 9

• by an application to the RGL for the issue of a separate certificate of title for any part of the allotment; or
• by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or
• by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or
• by the grant of a company lease or cross lease in respect of any part of the allotment; or
• by the deposit of a unit plan, or an application to the RGL for the issue of a separate certificate of title for any part of a unit on a unit plan

Question 10

Section 227 RMA provides that where a survey plan has been deposited and another survey plan of the same land is subsequently deposited, the approval given to the first survey plan is deemed to be cancelled except as to conditions to which sections 221 and 243 apply. In general terms, what do sections 221 and 243 relate to?

Answer 10

• section 221 - consent notices

- section 243 - easements

Question 11

Give an example for each of the following situations:

(a) where section 240 RMA ‘Covenant against transfer of allotments’ would apply to a subdivision; and
(b) where section 241 RMA ‘Amalgamation of allotments’ would apply to a subdivision.

Answer 11

Section 240 ‘Covenant against transfer of allotments’: a subdivision where the TA requires allotments to be held in the same ownership, usually because it is not practical for them to be held together in the same title.
Section 241 ‘Amalgamation of allotments’: a subdivision where the TA requires allotments to be held in one certificate of title

Question 12

What must a certificate issued by a territorial authority pursuant to section 224(c) RMA state?

Answer 12

• that it has approved the survey plan under section 223
• that all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority
• that in respect of such conditions that have not been complied with—
  (i) a completion certificate has been issued in relation to such of the conditions to which section 222 applies:
  (ii) a consent notice has been issued in relation to such of the conditions to which section 221 applies:
  (iii) a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b) under section 108(2)(b)

Question 13

Section 3 RMA defines the meaning of ‘effect’, for the purposes of the Act, to include 6 categories of effects. List three of these categories of effects.

Answer 13

• any positive or adverse effect
• any temporary or permanent effect
• any past, present, or future effect
• any cumulative effect which arises over time or in combination with other effects
• any potential effect of high probability
• any potential effect of low probability which has a high potential impact

Question 14

Section 6 RMA identifies seven matters of national importance. List three of these matters

Answer 14

(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:
(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:
(f) the protection of historic heritage from inappropriate subdivision, use, and development:
(g) the protection of protected customary rights.

Question 15

Section 87A RMA specifies 4 classes of activities for which resource consents are required.

• List the 4 classes of activities; and
• Describe the consent authority’s powers to grant consent, and impose conditions, in respect of any two of them.

Answer 15

(1) Controlled activity
(a) the consent authority must grant a resource consent except if —
(i) section 106 applies; or
(ii) section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; and
(b) the consent authority’s power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise)
(2) Restricted discretionary activity
(a) the consent authority’s power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise)
(3) Discretionary activity
(a) the consent authority may decline the consent or grant the consent with or without conditions
(4) Non-complying activity
the consent authority may—
(a) decline the consent; or
(b) grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D are met.

Question 16

Under what circumstances is a territorial authority required to issue a consent notice under section 221 RMA?

Answer 16

Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan.

Question 17

What must a certificate issued by a territorial authority pursuant to section 224(c) RMA state?

Answer 17

• that it has approved the survey plan under section 223
• that all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority
• that in respect of such conditions that have not been complied with—
  (i) a completion certificate has been issued in relation to such of the conditions to which section 222 applies:
  (ii) a consent notice has been issued in relation to such of the conditions to which section 221 applies:
  (iii) a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b)under section 108(2)(b)

Question 18

Under Section 11(1A) Resource Management Act 1991, a person may subdivide land if the subdivision meets certain criteria. What are these criteria?

Answer 18

(a) either -
(i) the subdivision is expressly allowed by a resource consent; or
(ii) the subdivision does not contravene a national environmental standard, a rule in a district plan, or a rule in a proposed district plan for the same district (if there is one); and
(b) the subdivision is shown on a survey plan that is –
(i) deposited under Part 10 by the Registrar-General of Land, in the case of a survey plan described in paragraph (a)(i) or (b) of the definition of survey plan in section 2(1); or
(ii) approved as described in section 228 by the Chief Surveyor (now Surveyor General), in the case of a survey plan described in paragraph (a)(i) of the definition of survey plan in section 2(1)

Question 19

Section 87 Resource Management Act 1991 provides the meaning of the term for five types of resource consent. List four of these types of resource consents.

Answer 19

(a) a consent to do something that otherwise would contravene section 9 or section 13 (in this Act called a land use consent):
(b) a consent to do something that otherwise would contravene section 11 (in this Act called a subdivision consent):
(c) a consent to do something in a coastal marine area that otherwise would contravene any of sections 12, 14, 15, 15A and 15B (in this Act called a coastal permit):
(d) a consent to do something (other than in a coastal marine area) that otherwise would contravene section 14 (in this Act called a water permit):
(e) a consent to do something (other than in a coastal marine area) that otherwise would contravene section 15 (in this Act called a discharge permit).

Question 20

In certain circumstances as specified in Section 106(1) Resource Management Act 1991, the consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions. What are the two circumstances stated in that subsection?

Answer 20

(a) there is a significant risk from natural hazards; or
(b) sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision

Question 21

Section 221(1) Resource Management Act 1991 requires a territorial authority to issue a consent notice in certain circumstances. What are these circumstances?

Answer 21

Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent owners after the deposit of a survey plan (not being a condition in respect of which a bond is required to be entered into by the subdividing owner, or a completion certificate is capable of being or has been issued), the territorial authority shall, for the purposes of section 224, issue a consent notice specifying any such condition.

Question 22

What are the two criteria stated in Section 223(1) Resource Management Act 1991 that allows an owner of any land to submit to a territorial authority for its approval, a survey plan in respect of that land?

Answer 22

(a) a subdivision consent has been obtained for the subdivision to which the survey plan relates, and that consent has not lapsed; or
(b) a certificate of compliance has been obtained, and that certificate has not lapsed

Question 23

Esplanade strips are created under Section 232 Resource Management Act 1991. State the six requirements of subsection (2) for an instrument creating an esplanade strip

Answer 23

(a) be in accordance with Schedule 10; and
(b) be in a prescribed form; and
(c) be created in favour of the territorial authority; and
(d) create an interest in land, and may be registered under the Land Transfer Act 1952; and
(e) when registered with the Registrar-General of Land, run with and bind the land that is subject to the instrument; and
(f) bind every mortagee or other person having an interest in the land, without that person’s consent.

Question 24

Section 238(1) Resource Management Act 1991 deals with the vesting of roads upon deposit of a survey plan by the Registrar-General of Land, or when a Chief Surveyor (now Surveyor-General) approves a survey plan to which section 228 applies. List the four instances under this section that a road can be vested in a local authority or the Crown, free from all interests in land including any encumbrances (without the necessity of any instrument of release or discharge or otherwise)

Answer 24

(a) In the case of a regional road, in the territorial authority or regional council, as the case may be:
(b) In the case of a Government road declared as such under any Act, in the Crown:
(c) In the case of a State highway, in the Crown or the territorial authority:
(d) In the case of any other road, in the territorial authority.

Question 25

State the purpose of this Act, as specified in Section 5 Resource Management Act 1991

Answer 25

The purpose of this Act is to promote the sustainable management of natural and physical resources.

Question 26

In achieving the purpose of this Act, Section 6 Resource Management Act 1991 states that all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognize and provide for matters of national importance. List the eight matters of national importance that needs to be considered.

Answer 26

(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development:
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development:
(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:
(f) the protection of historic heritage from inappropriate subdivision, use and development:
(g) the protection of protected customary rights:
(h) the management of significant risks from natural hazards.

Question 27

List four classes of activities as stated under Section 87A Resource Management Act 1991 for which resource consents would be required.

Answer 27

Controlled activity.
Restricted discretionary activity.
Discretionary activity.
Non-complying activity.

Question 28

State which sections of the Resource Management Act 1991 that allow a consent authority to return an incomplete resource consent application, or request further information, or agreement, when processing a resource consent application

Answer 28

Section 88 Resource Management Act 1991 (return of an incomplete resource consent
application.
Section 92 Resource Management Act 1991 (request for further information, or agreement
to a resource consent application.

Question 29

Section 224(c) Resource Management Act 1991 states that the Chief Executive or other authorized officer of the territorial authority can issue a certificate under this section providing certain criteria are met. What are these criteria?

Answer 29

There is lodged with the Registrar-General of Land a certificate signed by the chief executive or other authorized officer of the territorial authority stating that it has approved the survey plan under section 223 (which approval states the date of approval), and all or any of the conditions of the subdivision consent have been complied with to the satisfaction of the territorial authority (½ mark) and that in respect of such conditions that have not been complied with –

(i) a completion certificate has been issued in relation to such of the conditions to which section 222 applies:
(ii) a consent notice has been issued in relation to such of the conditions to which section 221 applies:
(iii) a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b).

Question 30

In accordance with Section 245(2) Resource Management Act 1991, what must a plan of survey, in respect of land that has been reclaimed, show and define when it is submitted to the consent authority for approval?

Answer 30

The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002 relating to survey plans within the meaning of those regulations and shall show and define –

(a) the area reclaimed, including its location and the position of all new boundaries; and
(b) the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip.

Question 31

Section 2(1) within Schedule 4 Resource Management Act 1991 deals with information that are required to be included in all resource consent applications. List six of these requirements.

Answer 31

(a) a description of the activity:
(b) a description of the site at which the activity is to occur:
(c) the full name and address of each owner or occupier of the site:
(d) a description of any other activities that are part of the proposal to which the application relates:
(e) a description of any other resource consents required for the proposal to which the application relates:
(f) an assessment of the activity against the matters set out in Part 2:
(g) an assessment of the activity against any relevant provisions of a document referred to in Section 104(1)(b)

Question 32

Section 4 within Schedule 4 Resource Management Act 1991 deals with additional information that are required to be included in applications for subdivision consent. List six of these matters that are specifically required.

Answer 32

(a) the position of all new boundaries:
(b) the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan:
(c) the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips:
(d) the locations and areas of any existing esplanade reserves, esplanade strips, and access strips:
(e) the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A:
(f) the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A):
(g) the locations and areas of land to be set aside as new roads.