Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

EB Registration Study NZRAB > B Concept Prelim Developed > Flashcards

B Concept Prelim Developed Flashcards

1
Q

Who owns the copyright on Architect’s work?

A

Depends on their agreement.
Under the Copyright Act 1994 any commissioned work is the property of the commissioner (client)
BUT the AAS general conditions contract out of this and the copyright is vested in the architect, but the principal is given a license to use the documents for the purpose they were intended if the architect has been paid.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How long is the contractual liability of an architect?

A

6 years after the breach of contract, and up to 10 years after the negligent act or omission in tort.
The long-stop of 10 years is provided by the Building Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Tort?

A

A wrongful act or infringement of a right - other than under contract - leading to a legal liability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How long should you keep records for?

A

10-12 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why is it a risk to use a SUB consultant?

A

Because under all standard agreements, the consultant (you) is responsible for the performance of the sub-consultant’s obligations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does NZACS insurance cover sub-consultant defaults?

A

Yes, provided that their work is within the scope covered by the policy, and that there is a written agreement for services. Otherwise require a special extension of cover.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Why does an architect face higher risk on a sub-consultant (who’s specialty is different to the practice’s)?

A

Because the practice is unable to supervise the subconsultant’s work to anything like the same extent it could if it was in their own specialty field.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How should you minimise risk around sub-consultants?

A
  • Ensure the agreement contains sufficient obligations that the practice owes the client.
  • This is done by a back-to-back agreement mirroring the terms of the liability in the architectural services agreement.
  • Select your sub-consultant in a careful and informed process.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What would you do if the sub-consultant has lower levels of liability limitation and insurance than you?

A

RISK
Obtain the client’s agreement that the practice’s liability for the sub-consultant’s work is limited to that lower amount.
The architect needs to make the client aware of the limitations on the sub-consultant’s liability under the agreement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explain the process for engaging a separate consultant

A
  1. Architect invites firm/s to submit a proposal for fees and services.
  2. Once reviewed and selected, send a letter of offer for engagement on behalf of client.
  3. Consultant signs and returns the letter.
  4. OR Consultant sends back their own engagement contract which you forward to client for acceptance.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What insurance should you require from separate consultant?

A

MINIMUM
$250,000 PI
$1M PL
This matches our own in our agreements. BUT should review as relevant to project - some projects may require more.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the 5 Types of Resource Consent?

A 
Land Use
Subdivision
Water
Coastal
Discharge
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is an AEE?

A

Assessment of Environmental Effects
This describes all the environmental effects of a proposed activity, and the ways any negative effects are to be mitigated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is an affected person under the RMA?

A

A person or organisation who the council considers will experience an adverse effect from your proposal that is ‘minor’ or ‘more than minor’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What should be included in an AEE?

A
  • Description of the site
  • Description of the proposal - Site Plan and other drawings
  • Description of effects
  • Description of mitigations
  • Names of affected people
  • Record of consultations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is public notification?

A

The council advertises the application in the newspaper and calls for written statements (submissions) from the general public. Also sends copies to people it thinks will be affected.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is limited notification?

A

When council decides the application does have adverse affects for certain persons, but you haven’t got written approval from all of them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How can a pre-hearing meeting help?

A

Can sort issues in relatively informal setting - save time at the hearing itself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If no planner is engaged, what would you advise your client?

A
  • RC may be a long and expensive process.
  • Depends on the rules which are being challenged
  • May need to engage a planning consultant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Understand how the RMA affects your work and project. What is the purpose of it?

A

To ensure the sustainable management of the environment’s natural resources (1991 - 30 years old).
5 types of RC - Most commonly we use the Land Use consents.

21
Q

What are ‘natural features’?

A

Features identified in the district or regional plans which have regard to:

  • Water
  • Expressiveness – how dominant
  • Aesthetic value
  • Vegetation
  • Cultural and spiritual value
  • Historical and Heritage value
22
Q

What is the RC application process?

A
  1. Determine if it is required.
  2. Apply for RC – council have 10 days to ask for more information.
    Application must include AEE, and should include all letters of support from affected parties where possible.
  3. Council decides if application should be notified, limited notified, or non-notified.
  4. Notified and limited notified will require a submissions period, followed by a hearing.
  5. Non-notified will be processed by council.
  6. A decision is made by the council.
  7. 15 working days are available for appeals.
23
Q

Can you apply for a Resource Consent on a property you (or your client) does not own?

A

You do not need to be the owner (nor does your client) to apply for RC - e.g. Joe’s Garage.
For Joe’s, the owner provided their written approval so any adverse affects on them could be disregarded and the process was non-notified.

24
Q

What is Urban Design Panel’s role and the process?

A

An UDP can provide independent design reviews of significant public and private projects prior to RC lodgement so that they can make recommendations on the project.

25
Q

Understand the role of Mana Whenua and the process for engagement for RC

A

Mana Whenua are the indigenous people who have historic and territorial rights over the land.
You should expect consultation when the development affects mana whenua values. Best way to identify these is by consultation with the relevant iwi authorities.
Council hold contact information.

26
Q

How can you appeal a rejected RC application?

A

You can lodge an appeal to the environment court who can confirm or overturn the decision.

27
Q

What is a mitigation and how can it be achieved?

A

Contained within your AEE should be a description of how any adverse effects might be mitigated.
So if you are doing something which might have a negative effect somewhere, you can describe how you have tried to minimise or off-set these effects.

28
Q

What is a designation?

A

Designations are areas of land set aside for network utilities or large public works:

roads
telecommunications facilities
schools
prisons.

A designation is a form of ‘spot zoning’ over a site, area or route in a district plan. The ‘spot zoning’ authorises the requiring authority’s work and activity on the site, area or route without the need for land use consent from the relevant territorial authority.

29
Q

What is an outline plan of works OPW?

A

An outline plan of works lets the council know about proposed work on a designated site.

This work should comply with use of the site specified in the designation. For example, building a classroom on a site designated for the Ministry of Education.

30
Q

What is a requiring authority?

A

Requiring authorities can be:

  • a Minister of the Crown
  • a local authority
  • a network utility operator approved under the RMA.

The requiring authority may do anything that is in accordance with the designation, and the usual provisions of the district plan do not apply to activities that fall within the scope of the designation on the designated land.

31
Q

Know the effects - major and minor (RC)

A

Minor: a comparative word meaning lesser or comparatively small in size or importance. Less than major but more than minute or slight.

32
Q

What are the RMA categories / classes of activities and what are the impacts on a project

A 
Permitted
Controlled 
Restricted Discretionary
Discretionary
Non-Complying
Prohibited
33
Q

Permitted Activity?

A

Can do without RC

34
Q

Controlled?

A

Requires RC, but the council must grant it unless the effects are ‘more than minor’

35
Q

Restricted Discretionary?

A

Requires RC

Council can use discretion but restricted to what is included in the plan or NES

36
Q

Discretionary?

A

Requires RC

37
Q

Non-complying?

A

Requires RC. Can be granted, but applicant must prove that effects will be minor.

38
Q

Prohibited?

A

Not possible unless a plan changes

39
Q

What are the notification processes for RC if required?

A

Public or Limited Notified

Council decision whether it will be notified. Decision must be made within 20 working days of RC being lodged.

40
Q

What do you do if a neighbour doesn’t want to give approval?

A

Apply, have a hearing, council decides.

Neighbour can then go to environment court if they want.

41
Q

CPTED?

A

Crime Prevention Through Environmental Design

42
Q

How is the work of the consultants coordinated?

A
  • Depends on what stage of the project
  • 131 - monthly consultant meetings
  • Sharing Revit files.
  • Important to look for things that might clash, or stick out into spaces – like beams or columns.
  • Common reference – grid lines etc.
43
Q

What are the CIC guidelines, when do you use them?

A

Construction Industry Council guidelines
Checklists - similar to AAS
Not used at BOON

44
Q

When do you use a schedule of quantities ?

A

It’s a document which contains descriptions and/or measurements of all items of work required to carry out a construction project.
At Powerco Liardet Street we engaged a QS to prepare one during the concept stage so that we could get project feasibility confirmed.

45
Q

Safety in Design?

A

Safety in Design (SID) is a system that integrates hazard identification and risk assessment methods early in the design process. SID considers how to eliminate, isolate or minimise the risks of death, injury and ill health to those who will construct, operate, maintain, decommission or demolish an asset.

46
Q

What might be included in conditions of resource consent?

A

the design or appearance of structures
landscaping
hours of operation
restrictions on the quality of a discharge
restrictions on the amount of resource use
monitoring and reporting
the layout of a site.

47
Q

How long does a land-use resource consent last?

A

Unlimited, unless otherwise specified in the conditions.

48
Q

What is Health and Safety by Design?

A

Health and Safety by Design is the process of managing health and safety risks throughout the lifecycle of structures.

EB Registration Study NZRAB (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions