Module 2 Pop Questions Flashcards
Which of the following statements is correct?
Select one:
a. The Minister may delegate to the EPA the power to carry out the approval process for a Board of Inquiry (S149K)
b. The Minister may delegate to the EPA the power to call in a matter of national significance (s142(2))
c. Despite s29(4) there are unlikely to be any powers under Part 6AA which the Minister can delegate to the EPA.
d. The Minister may delegate to the EPA the power to intervene in a matter (s149ZA)
e. The Minister may delegate to the EPA the power to d{termine whether or not a matter is of national significance ( s142(3))
The correct answer is: Despite s29(4) there are unlikely to be any powers under Part 6AA which the Minister can delegate to the EPA.
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If land is subject to a heritage order which of the following people may apply to the Environment Court for an order requiring the Heritage Protection Authority to remove the order or take the land under the Public Works Act? (Hint- more than one answer may be correct)
Select one or more:
a. The spouse, civil union partner, or de facto partner of the person who was the owner on the date the Heritage Protection Order was included in the District plan
b. Any person who has an interest in the land
c. The owner of the land or a leasehold interest in the land on the date the Heritage Protection Order was included in the District plan
d. The owner of the land
е. Any person who inherits land if the person they inherited the land from was the owner of the land at the time the Heritage Protection Order was included in the District Plan and still owned the land at the time of their death
The correct answers are: The spouse, civil union partner, or de facto partner of the person who was the owner on the date the Heritage Protection Order was included in the District plan, The owner of the land or a leasehold interest in the land on the date the Heritage Protection Order was included in the District plan
A requiring authority must always publicly notify a requirement for a designation for a public work within its district. True or False?
The requiring authority must notify the relevant district council of the requirement for a designation - s 168(2); the district council then has to decide whether or not to publicly notify the requirement (s 169)
The correct answer is: False
District plans are compulsory for territorial authorities to produce. True or False?
District plans are compulsory for territorial authorities to produce: under s73(1).
The correct answer is: True
Which of the following statements about a customary marine title is not correct?
Select one:
a. An applicant for a resource consent requires an RMA permission right from the group that holds the customary marine title
b. “Accommodated activities do not not require an RMA permission right from the group that holds the customary marine title.
c. A customary marine title is subject to controls imposed by the Minister of Conservation
d. The holder of a customary marine title must get a resource consent for an activity if the coastal plan requires it
The correct answer is: A customary marine title is subject to controls imposed by the Minister of Conservation
Under what section must every local authority gather such information, and undertake or commission such research, as is necessary to effectively carry out its functions under the Act?
The correct answer is: 35(1)
What is the purpose of a NZ coastal policy statement?
Select one:
a. “To state objectives and policies in order to fulfil the Minister of Conservation’s duties under the Act in relation to the coastal environment of NZ”
b. “To state national objectives and policies in relation to the coastal marine area”
c. “To state objectives and policies in order to achieve the purpose of this Act in relation to the coastal environment of New Zealand”
The correct answer is: “To state objectives and policies in order to achieve the purpose of this Act in relation to the coastal environment of New Zealand”
A national environmental standard prescribes technical standards, methods or requirements. True or False?
The correct answer is: True
Match each plan with its correct purpose and section number.
Regional plan?
Regional coastal plan?
District plan?
-“To assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region” (s63(2)),
“To assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region” (s63(2)),”To assist territorial authorities to carry out their functions in order to achieve the purpose of this Act” (s72)
“To assist a regional council to carry out any of its functions in order to achieve the purpose of this Act (s63(1)),
The correct answer is: Regional plan -* “To assist a regional council to carry out any of its functions in order to achieve the purpose of this Act (s63(1)),
Regional coastal plan -* “To assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region” (s63(2)),
District plan -* “To assist a regional council, in conjunction with the Minister of Conservation, to achieve the purpose of this Act in relation to the coastal marine area of that region” (s63(2)),”To assist territorial authorities to carry out their functions in order to achieve the purpose of this Act” (s72)
In preparing or changing a regional policy statement a regional council must not have regard to which two of the following matters-
Select one or more:
a. trade competitors
b. the effects of competition
c. trade competition
d. the effects of trade competition
The correct answers are: trade competition, the effects of trade competition
In what areas do regional and district councils have an overlapping jurisdiction?
Select one:
a. Natural hazards and water quantity management
b. Water quantity management and hazardous substances
c. Natural hazards and development capacity for housing and business land
d. Flood control and development capacity for housing and business land
The correct answer is: Natural hazards and development capacity for housing and business land
Which of the following activities fall within the Minister of Conservation’s functions and powers under the RMA (hint-more than one answer may be correct)?
Select one or more:
a. Making decisions on applications for coastal permits for restricted coastal activities
b. Preparation and recommendation of the NZ coastal policy statements under s57
c. Monitoring the NZ coastal policy statement
d. Approving regional coastal plans in accordance with the First Schedule
e. Removing any regional councillors who are not carrying out their duties under the Act
The correct answers are: Preparation and recommendation of the NZ coastal policy statements under s57, Approving regional coastal plans in accordance with the First Schedule, Monitoring the NZ coastal policy statement
Which of the following describes a local authority which carries out the functions of a regional council and a district council?
Select one:
a. Super Council
b. District council
c. Regional council
d. Unitary authority
The correct answer is: Unitary authority
What is the purpose of a water conservation order?
Select one-
a. To provide legal protection for outstanding amenity of waters in only their altered state
b. To provide legal protection for outstanding amenity or intrinsic value of waters in their natural or altered
state
C. To provide legal protection for the intrinsic value of waters in their natural or altered state
d. To provide legal protection for outstanding amenity or intrinsic value of waters in only their natural state
The correct answer is: To provide legal protection for outstanding amenity or intrinsic value of waters in their natural or altered state
If a local authority is required to amend a document to give effect to a national policy statement by using the process in Schedule 1 the local authority must make the amendment (hint- more than 1 answer is correct)
Select one or more:
a. within 1 year of the date specified in the national policy statement
b. when the relevant document is reviewed
c. as soon as practicable
d. within the time specified in the national policy statement (if any)
e. before the occurence of an event specified in the national policy statement (if any)
The correct answers are: as soon as practicable, within the time specified in the national policy statement (if any), before the occurence of an event specified in the national policy statement (if any)
A decision made under a joint management agreement in relation to the exercise of any power by a local authority
Select one:
a. Must be approved by the local authority before the decision has effect
b. Has the same effect as a decision of the local authority without the need for further approval by any person
c. Must be approved by all parties to the joint management agreement before it has effect.
d. Must be approved by the Minister before the decision has effect
The correct answer is: Has the same effect as a decision of the local authority without the need for further approval by any person
What remedies or options are available for a person unduly affected by a designation (hint-more than one answer is correct)?
Select one or more:
a. Compensation is available from the Minister for the Environment
b. A requiring authority’s decision can be appealed to the Environment Court under s174.
c. An order may be available under s185 if the Environment Court is satisfied that subsections (3)(a) and (b) are met
d. Compensation is available under s85.
The correct answers are: An order may be available under s185 if the Environment Court is satisfied that subsections (3) (a) and (b) are met, A requiring authority’s decision can be appealed to the Environment Court under $174.
If a designation is included in a district plan, no person may, without the prior written consent of the requiring authority, do anything in relation to the land that is subject to the designation that would prevent or hinder the public work or project or work to which the designation relates including three of the following activities -
Select one or more:
a. Undertaking any use of land
b. Changing the character, intensity, or scale of the use of the land to which the designation relates
c. Subdividing any land, except as provided under s220
d. Changing the nature of any use of any land, except those uses included under ss10A, 10B and 20
e. Subdividing the land to which the designation relates
f. Undertaking any use of land, as described in s9(3)
The correct answers are: Undertaking any use of land, Subdividing the land to which the designation relates, Changing the character, intensity, or scale of the use of the land to which the designation relates
If the Minister exercises powers under Part 6AA, the decision on the matter may be made by either of which two of the following authorities?
Select one or more:
a. Board of Inquiry
b Minister for the Environment
c. The Minister of Conservation
d. Environmental Protection Authority
e. Environment Court
f. The relevant local authority
The correct answers are: Board of Inquiry, Environment Court
Choose which planning documents) are mandatory and which are optional for the appropriate council to produce.
(Councils below)
-Regional coastal plans
-Regional plans
-District plans
-Regional policy statements
(Planning documents below. Which ones below go with the appropriate council)
-Mandatory for regional councils
-Optional for regional councils
-Mandatory for territorial authorities
The correct answer is: Regional coastal plans -› Mandatory for regional councils, Regional plans -› Optional for regional councils, District plans - Mandatory for territorial authorities, Regional policy statements - Mandatory for regional councils
Which of the following must regional councils recognise and provide for, have regard to or take into account when preparing a regional policy statement (hint- more than one answer is correct)?
Select one or more:
a. Regional council functions and duties (ss30 and 32)
b. The contents of all district plans in the region
c. The effects of trade competition
d. Regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act
2012
e. A planning document prepared by a customary marine title group under section 85 of the Marine and v
Coastal Area (Takutai Moana) Act 2011 to the extent that it relates to the relevant customary marine title area
f. A planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group
The correct answers are: regulations made under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 to the extent that it relates to the relevant customary marine title area, a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011 to the extent that they relate to a part of the common marine and coastal area outside the customary marine title area of the relevant group, Regional council functions and duties (ss30 and 32)
What does a regional council do (hint-more than one answer is correct)?
Select one or more:
а. Water resource management
b. River management
c. Pollution control
d. Water quality management
Regional councils perform all these roles.
The correct answers are: Water resource management, Water quality management, Pollution control, River management
The Minister for the Environment may issue which of the following directions?
Select one or more:
a. A direction to a local authority to prepare a change to a district or regional plan.
b. A direction to the Minister of Conservation to prepare a change to a regional coastal plan.
c. A direction to a regional council to prepare a regional plan.
d. A direction to a territorial authority to prepare a district plan.
The correct answers are: A direction to a local authority to prepare a change to a district or regional plan., A direction to a regional council to prepare a regional plan
An application for a Water Conservation Order under section 201 is made to the Environmental Protection Authority. True or False?
The correct answer is: False