Module 4 Pop Questions

Question 1

Which two of the following statements describing an abatement notice are not true?

Select one or more:

a. Abatement notices may require a person to pay an instant fine

b. Abatement notices may require a person to do anything that is necessary to ensure compliance with the Act

c. Abatement notices do not require an Environment Court hearing

d. Lodging an appeal against an abatement notice means that the appellant does not have to comply with the notice until the court has made its decision

e. Abatement notices are served by enforcement officers to require compliance with the RMA

Answer 1

The correct answers are:

Lodging an appeal against an abatement notice means that the appellant does not have to comply with the notice until the court has made its decision,

Abatement notices may require a person to pay an instant fine

Question 2

The Environment Court hears appeals from the decision of a Board of Inquiry on the call in of a matter of national significance. True or False?

Answer 2

The correct ançwer is: False

Question 3

The Environment Court must grant an application to waive a requirement as to the time within which any appeal or submission must be lodged with the Environment Court if the applicant, appellant and the respondent consent to the waiver. True or False?

Answer 3

The correct answer is: False

Question 4

An activity cannot be described as a permitted activity in a plan if it has an adverse effect on one of the following matters:

Select one:

a. A protected customary right

b. A customary marine title

c. The marine and coastal area

d. An area held in accordance with tikanga

Answer 4

The correct answer is:
A protected customary right

Question 5

Issuing a water shortage direction is an enforcement action which can be taken by a local authority if a resource consent is breached. True of False?

Answer 5

The correct answer is: False

Question 6

Who may be a party to any proceedings before the Environment Court (hint- more than one answer is correct)?

Select one or more:

a. A local authority

b. The Attorney General representing a relevant aspect of the public interest

c. The Minister of Conservation

d. Any person representing a relevant aspect of the public interest

e. A person who has interest greater than the public generally (unless that person’s right to be a party is limited by sections 308C to 308CA)

f. a person who made a submission about the subject matter of the proceedings

Answer 6

The correct answers are:

a person who made a submission about the subject matter of the proceedings,

A local authority,

A person who has interest greater than the public generally (unless that person’s right to be a party is limited by sections 308C to 308CA),

The Attorney General representing a relevant aspect of the public interest

Question 7

Match each of the following enforcement actions with the rights of appeal or other action.

-Infringement notice
-Water shortage direction
-Excessive noise direction
-Enforcement order
-Abatement notice

-Appeal to Environment Court against the whole or a part of any notice

-No right of appeal

-Appeal to High Court on a point of law only

-A District Court hearing may be requested

-Appeal to Environment Court against the whole or a part of any notice.

Answer 7

The correct answer is:

Infringement notice → A District Court hearing may be requested,

Water shortage direction → No right of appeal,

Excessive noise direction → No right of appeal,

Enforcement order → Appeal to High Court on a point of law only,

Abatement notice → Appeal to Environment Court against the whole or a part of any notice

Question 8

Which of the following statements correctly describes the time when a charging document can be laid in respect of offences under the RMA?

Select one:

a. A charging document may be laid within 6 months of the date when the contravention occurred.

b. A charging document may be laid by a local authority or consent authority within 6 months of the date the offence became known to that authority.

c. A charging document may be laid by any person within 6 months after the date the contravention became known or should have become known to the local authority or consent authority.

d. A charging document may be laid within 6 months of the date the contravention became known to the person laying the information.

Answer 8

The correct answer is:

A charging document may be laid by any person within 6 months after the date the contravention became known or should have become known to the local authority or consent authority.

Question 9

In terms of the offences against this Act, the RMA provides that a principal or employer will generally be liable for the acts or omissions of its agent or employee. The RMA provides some defences against this general rule available in the case of a natural person including a partner in a firm) provided that the defendant took all reasonable steps to remedy any effects of the acts or omissions giving rise to the offence. What are these defences?

Select one or more:

a. He or she expressly prohibited the agent or employee from engaging in the act or omission giving rise to the offence

b. He or she did not know nor could be reasonably expected to have known that the offence was to be or was being committed

c. The agent or employee acted outside the scope of their agency or employment

d. He or she took all reasonable steps to prevent the commission of the offence

Answer 9

The correct answers are:

He or she did not know nor could be reasonably expected to have known that the offence was to be or was being committed, He or she took all reasonable steps to prevent the commission of the offence

Question 10

Choose one statement that best describes the purpose of both enforcement orders and abatement notices.

Select one:

a. Both only list the adverse environmental effects of a person’s activities

b. Both require a person to comply with the provisions of the relevant local authority plans and policies

c. Both give consent for an activity to continue as long as it has a minor effect on the environment

d. Both require a person to comply with the provisions of the RMA or to cease an activity which is in contravention of the Act

Answer 10

The coirect answer is.

Both require a person to comply with the provisions of the RMA or to cease an activity which is in contravention of the Act

Question 11

Match each enforcement provision with the appropriate authority.

-Enforcement orders
-Abatement notices
-Water shortage directions
-Infringement notices

-Local authorities
-Environment Court
-Enforcement officers (appointed by local authorities)
-Regional councils

Answer 11

The correct answer is:

Enforcement orders → Environment Court,

Abatement notices → Enforcement officers (appointed by local authorities),

Water shortage directions → Regional councils,

Infringement notices —
Enforcement officers (appointed by local authorities)

Question 12

Which of the following matters can be referred to the Environment Court for a declaration?

Select one or more:

a. Whether there is a potential inconsistency between planning instruments

b. Whether or not an activity breaches section 10

c. The point at which the landward boundary of the coastal marine area crosses a river

d. Whether a territorial authority has made progress towards giving effect to a designation

Answer 12

The correct answers are.

Whether there is a potential inconsistency between planning instruments.

The point at which the landward boundary of the coastal marine area crosses a river,

Whether or not an activity breaches section 10,

Whether a territorial authority has made progress towards giving effect to a designation

Question 13

The Environment Court can require any party to proceedings to provide security for costs. True or False?

Answer 13

The correct answer is: True

Question 14

The maximum fine imposed on a person for an infringement offence must not exceed-

Select one:

a. $1000

b. The maximum infringement fee (not exceeding $1000) prescribed in regulations for that offence

c. An amount which the enforcement officer considers appropriate for a minor offence

d. An amount which is sufficient to repair the damage caused by the offence

Answer 14

The correct answer is:

The maximum infringement fee (not exceeding $1000) prescribed in regulations for that offence

Question 15

A local authority may cancel a resource consent if the holder of the consent breaches it. True or False?

Answer 15

The correct answer is: False

Question 16

In terms of offences against the Act, the RMA provides that a principal or employer will generally be liable for the acts or omissions of a person who commits the act or omission as its agent or employee. True or False?

Answer 16

Under s340,

The correct answer is: True

Question 17

Which of the following statements is not correct

Select one:

a. The holder of a customary marine title must get a resource consent for an activity if the coastal plan requires it

b. An applicant for a resource consent requires 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. “Accommodated activities” do not not require an RMA permission right from the group that holds the customary marine title.

Answer 17

The correct answer is:

A customary marine title is subject to controls imposed by the Minister of Conservation

Question 18

Choose the answer which best describes the purpose of a water shortage direction issued by a regional council?

Select one:

a. To prohibit any use of water in the region, unless the activity has a resource consent

b. To manage the use of water in a region if the council has overallocated resource consents to take water.

c. To restrict the use of water under resource consents during times of water shortages

d. To restrict or suspend certain uses of water in its region, when there is a serious temporary shortage
of water

Answer 18

The correct answer is:

To restrict or suspend certain uses of water in its region, when there is a serious temporary shortage of water

Question 19

Who can appeal to the Environment Court on a proposed policy statement or plan?

Select one:

a. Any person who made a submission and who does not seek to have the whole of the proposed plan or policy statement withdrawn

b. Any person who made a submission and who referred in their submission to the matter on which they are appealing

c. The Minister for the Environment

d. Any person who made a submission, referred in their submission to the matter on which they are appealing and who does not seek to have the whole of the proposed plan or policy statement withdrawn

Answer 19

See the requirements of Clause 14 of the First Schedule (note: this is amended by the RM Amendment 2003).

The correct answer is:
Any person who made a submission, referred in their submission to the matter on which they are appealing and who does not seek to have the whole of the proposed plan or policy statement withdrawn

Question 20

An Environment Court decision can be appealed from the High Court to the Court of Appeal on a question of law if-

Select one:

a. The High Court grants leave to appeal to the Court of Appeal and the appeal is not related to a decision of the Environment Court under s149U

b. The Environment Court grants leave to appeal to the Court of Appeal

c. If the original decision maker is not satisfied with the High Court decision

Answer 20

The correct answer is:
The High Court grants leave to appeal to the Court of Appeal and the appeal is not related to a decision of the Environment Court under s149U

Question 21

Which two of the following statements describing an enforcement order are not true?

Select one or more:

a. It is possible to apply to the Environment Court to have an enforcement order changed or cancelled

b. Enforcement orders are served by enforcement officers to require compliance with the RMA

c. There is no appeal to the High Court on a question of law from the grant of an enforcement order

d. A full hearing is normally conducted before an enforcement order is issued by the Environment Court

e. Anyone can apply to the Environment Court for an enforcement order

Answer 21

The correct answers are:

There is no appeal to the High Court on a question of law from the grant of an enforcement order

Enforcement orders are served by enforcement officers to require compliance with the RMA

Question 22

Match each enforcement tool with the persons or body who may make use of that provision under the RMA.

(Enforcement tools)
-Enforcement order
-Infringement notices
-Excessive noise directions
-abatement notices
-Water shortage directions

(Persons or body)
-Regional Councils
-enforcement officers for a local authority
-consent authorities
-territorial authorities
-Anyone (can apply to the Environment Court)

Answer 22

The correct answer is:
Enforcement order → Anyone (can apply to the Environment Court),

Infringement notices → enforcement officers for a local authority,

Excessive noise directions → enforcement officers for a local authority,

abatement notices → enforcement officers for a local authority,

Water shortage directions → Regional Councils

Question 23

Which three of the following statements describe evidence that may be considered by the Environment Court?

Select one or more:

a. Exactly the same evidence as any other court

b. Anything that the court has asked to be provided in evidence if the court considers that it will assist the court in making a decision

c. Anything that the court considers appropriate

d. An opinion only if it is the opinion of an expert

e. Evidence that was presented at the hearing held by the consent authority whether or not the parties consent

Answer 23

The correct answers are:

Anything that the court considers appropriate,

Anything that the court has asked to be provided in evidence if the court considers that it will assist the court in making a decision,

Evidence that was presented at the hearing held by the consent authdrity whether or not the parties consent

Question 24

Which four of the following statements best describes infringement notices?

Select one or more:

a. Infringement notices may only be issued for minor offences

b. A person who has committed an infringement offence may be prosecuted instead of receiving an infringement notice

c. Infringement notices are issued by enforcement officers

d. The maximum penalties for infringement notices are set out in regulation and are up to $1000

e. A person who has committed an infringement offence does not get a criminal record for that offence.

f. If several infringement notices are issued that relate to the same resource consent, that resource consent may be cancelled by the local authority

Answer 24

The correct answers are:

The maximum penalties for infringement notices are set out in regulation and are up to $1000,

A person who has committed an infringement offence may be prosecuted instead of receiving an infringement notice,

Infringement notices are issued by enforcement officers,

A person who has committed an
infringement offence does not get a criminal record for that offence.

Question 25

A prosecution for an offence against the RMA is heard by the Environment Court. True or False?

Answer 25

It is heard by the District Court

The correct answer is: False

Question 26

In terms of the offences against the Act, the RMA provides that a principal or employer will generally be liable for the acts or omissions of its agent or employee. The RMA provides some defences against this general rule in the case of a body corporate provided that the defendant took all reasonable steps to remedy any effects of the acts or omissions giving rise to the offence. What are they?

Select one or more:

a. The body corporate expressly prohibited the agent or employee from engaging in the act or omission giving rise to the offence

b. Neither the directors nor any person concerned with the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed

c. The agent or employee acted outside the scope of their agency or employment

d. The body corporate took all reasonable steps to prevent the commission of the offence

Answer 26

The correct answers are:

Neither the directors nor any person concerned with the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed,

The body corporate took all reasonable steps to prevent the commission of the offence

Question 27

applicant group for a protected customary right or a customary marine title must be a iwi, hapũ, or whänau group or their representative. True or False

Answer 27

The correct answer is ‘True’

Question 28

The consent authority pays for any emergency works carried out on private property to prevent adverse effects on the environment. True or False?

Answer 28

The person responsible for causing the problem pays the costs of the emergency work.

The correct answer is: False

Question 29

Who can appeal to the Environment Court on a resource consent decision by a local authority (hint-more than one answer is correct)?

Select one or more:

a. Only those directly affected by the resource consent

b. Only local authorities

c. Anyone listed in s120

d. Any person who made a submission on the relevant resource consent application

e. Anyone

f. The applicant for a resource consent

Answer 29

The correct answers are:

The applicant for a resource consent,

Anyone listed in s120,

Any person who made a submission on the relevant resource consent application

Question 30

What powers, duties and discretions does the Environment Court have when hearing an appeal on a resource consent or proposed plan decision?

Select one:

a. Those of the original decision maker under s290 except where the appeal relates to matters included in a document under s55(2B)

b. Only those of the court listed under s265

c. Only those of the applicant under s120

d. Those of the original decision-maker under s290 for resource consents but the power to consider only questions of law for plans

Answer 30

see s 290AA

The correct answer is:

Those of the original decision maker under s290 except where the appeal relates to matters included in a document under s55(2B)

Question 31

What advantage does an interim enforcement order have over other enforcement provisions?

Select one:

a. Interim enforcement orders may be issued by local authorities

b. Interim enforcement orders stay in effect for two years

c. Interim enforcement orders are available quickly as a full defended hearing may not be required

Answer 31

The correct answer is:

Interim enforcement orders are available quickly as a full defended hearing may not be required

Question 32

What powers and abilities does the Environment Court have in addition to those of the District Court? Hint- choose three of the following.

Select one or more:

a. The Environment Court can hear expert evidence

b. The Environment Court can impose fines

c. The Court can dispense with the usual rules of evidence

d. The Environment Court can impose costs

e. The Environment Court can appoint special advisors to assist the Court

f. The Court can set its own procedure (with some requirements)

Answer 32

The correct answers are:

The Environment Court can appoint special advisors to assist the Court,

The Court can set its own procedure (with some requirements),

The Court can dispense with the usual rules of evidence

Question 33

A person who has committed an infringement offence may be prosecuted under the
RMA if the fine is not paid. True or False?

Answer 33

prosecution would be under the Summary Proceedings Act 1957

The correct answer is False

Question 34

Customary Marine Title planning documents cannot be appealed and a council must recognise and provide for them in a regional policy statement or a regional plan. True or False?

Answer 34

The correct answer is “True”

Question 35

A person can become a party to proceedings before the Environment Court if they represent some relevant aspect of the public interest. True or False?

Answer 35

see s 274(1)(c) - only the Attorney-General can become a party to represent an aspect of the public interest. this was changed in 2009. Before that any person could become a party to represent an aspect of the public interest.

The correct answer is: False

Question 36

Any natural person who commits an offence against s338(1),(1A) or (1B) is liable on conviction (hint- more than one answer may be correct)

Select one or more:

a. To a term of imprisonment not exceeding two years

b. To be fined an amount not exceeding $300,000 and up to $10,000 for each day or part of a day during which the offence continues

c. To be fined an amount not exceeding $600,000 and up to $10,000 for each day or part of a day during which the offence continues

Answer 36

The correct answers are:

To a term of imprisonment not exceeding two years,

To be fined an amount not exceeding $300,000 and up to $10,000 for each day or part of a day during which the offence continues

Question 37

Every person commits an offence against this Act who contravenes, or permits a contravention of, any of the following (hint- more than one answer is correct):

Select one or more:

a. Sections 9, 11, 12, 13, 14, 15, 15A and 15C

b. Any abatement notice

c. A requirement to provide information to an enforcement officer

d. Any enforcement order

e. A request for further information under s92

f. Any water shortage direction under s329

g. A requirement to pay the costs of emergency works which were necessary to prevent adverse effects on the environment

h. Any excessive noise direction under s327

і. Section 15B, except that if the discharge is from a ship, the master and owner of the ship commits an offence, and if the discharge is from an offshore installation, the owner of the offshore installation commits an offence

Answer 37

The correct answers are:

Sections 9, 11, 12, 13,
14, 15, 15A and 15C,

Any enforcement order,

Any abatement notice,

Any water shortage direction under s329,

A requirement to provide information to an enforcement officer,

Any excessive noise direction under s327,

Section 15B, except that if the discharge is from a ship, the master and owner of the ship commits an offerice, and if the discharge is from an offshore installation, the owner of the offshore installation commits an offence

Question 38

The RMA provides that it is not necessary to prove that the defendant intended to commit the offence of contravening, or permitting a contravention of any of ss9 and
11-15. Subject to subsection (2), s341 provides a number of defences to prosecution of the kind referred to in s341(1). What are these defences?

Select one or more:

a. The defendant took all reasonable steps to prevent the contravention of the offence

b. The action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case- (i) the action or event could not be reasonably have been provided against by by the defendant; and (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred

c. The defendant did not know nor could be reasonably expected to have known that the event or action contravened the Act

d. The action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, but the action or event could not be reasonably have been provided against by by the defendant

e. The action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and (ii) the conduct of the defendant was reasonable in the circumstances; and (ill) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred

Answer 38

The correct answers are:

The action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case- (i) the action or event could not be reasonably have been provided against by by the defendant; and (ii) the effects of the action or event were adequately mitigated or remedied by the defendant after it ocourred,

The action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and (i) the conduct of the defendant was reasonable in the circumstances; and (ili) the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred