NZ Impact Assessment Legislation and Guidelines

Question 1

What does section 2 of the RMA define environment as?

Answer 1

Environment includes
- ecosystems and their constituent parts, including people and communities
-all natural and physical resources
- amenity values
- The social, economic, aesthetic and cultural conditions which effect the matters stated above.

Question 2

What does section 3 of the RMA define effect as?

Answer 2

• any positive, adverse, temporary, permanent, past, present, future, or cumulative effect. Any potential effect with high probability or low probability which has a high potential impact.

Question 3

Key sections in the resource management act

Answer 3

section 6: matters of national importance
section 7: other matters
section 8: treaty of waitangi
sections 9-17: resource consents
section 30: functions of councils under this act

Question 4

Role of local councils

Answer 4

local councils are required to manage the natural and physical resources in their area/region. This is achieved by preparing district or regional plans. New Zealand has 11 regional councils, 61 city or district councils, and six unitary councils.

Question 5

Regional, district and unitary plans

Answer 5

• set the objectives, policies, and rules that encourage
  or deter activities, depending on whether they
  might harm the environment
• specify what types of activities can take place as of
  right, and those that need a resource consent.

Question 6

Regional Plan

Answer 6

is created by a regional council and concerns
issues that affect the coast, air, water or land

Question 7

District Plan

Answer 7

district plan is created by a city or district council and concerns the management of land use and subdivision in a city or district

Question 8

Unitary Plan

Answer 8

is created by a unitary council, which has combined
city or district council and regional council functions

Question 9

what is a resource consent?

Answer 9

A resource consent is permission from the local council for an activity that might affect the environment, and that isn’t allowed ‘as of right’ in the district or regional plan

Question 10

What are the 5 types of resource consent

Answer 10

land use consent, subdivision consent, coastal permit, water permit, discharge permit

Question 11

Resource consents and types of public involvement

Answer 11

publicly notified, limited notified, non-notified

Question 12

Resource consents - Publicly notified

Answer 12

– This is generally when the council assesses if a proposal will have, or is likely to have adverse effects on the environment that are more than minor.
– The council publishes its notice of proposal on the internet, and a summary in a newspaper available in the area likely to be affected.
– Anybody can make a submission on the proposal.
– Submitters can be for or against an activity, or be neutral but wanting to provide additional information. They can ask to be heard in support of their submission. Publicly notified applications usually involve a public hearing.

Question 13

Resource consents - Limited notified

Answer 13

– If a council does not publicly notify an application, it must still decide if there are people who will be adversely affected by the activity to a degree that is at least ‘minor’, known as affected persons.
– The council must notify them of the application unless a rule in a district/regional plan or national environmental standard prevents this. Only those people will be served notice and can make a submission on the application.

Question 14

Resource consents - Non notified

Answer 14

– The council may decide that the general public need not be involved if the adverse effects on the environment are no more than minor and there are no adversely affected persons
– Consent applications may also be non-notified if the applicant has consulted with any potentially affected persons before application, and received their written
approval.
- not a large amount of impact on other parties

Question 15

6 levels of resource consents

Answer 15

• permitted
• controlled
  -discretionary/unrestricted discretionary
  -restricted discretionary/ limited discretionary
• non-complying
• prohibited

Question 16

Permitted resource consent

Answer 16

permitted activities are allowed ‘as of right’ subject to complying with any conditions set out in the plan. A permitted activity is the only category that does not require you to apply for resource consent.

Question 17

Controlled resource consent

Answer 17

a council must grant consent if you apply for a controlled activity unless it has insufficient information to determine whether or not the activity is a controlled activity. The council may grant consent subject to conditions that must be complied with. These conditions may only be imposed when they relate to matters specified in the plan.

Question 18

discretionary/unrestricted discretionary resource consent

Answer 18

a council can grant or decline an application for a
discretionary activity. If granted, it can impose conditions in relation to any matter that helps to
control any of the activity’s potential adverse effects.

Question 19

restricted discretionary/ limited discretionary resource consent

Answer 19

a council may grant or decline consent for a
restricted discretionary activity. If granted, conditions may only relate to matters specified in the
plan

Question 20

Non-complying resource consent

Answer 20

council can only grant an application for a non-complying activity if its adverse effects are minor, or if it is consistent with the plan’s objectives and policies. If it grants consent, the council can impose conditions in relation to any matter that helps to control the activity’s potential adverse effects

Question 21

Prohibited resource consent

Answer 21

you cannot apply for resource consent for a prohibited activity.

Question 22

Stages of applying for resource consent

Answer 22

1. preparing your application
2. Lodging your application (council considers it)
3. The decision

Question 23

What will the decision from council outline (grant/refuse)

Answer 23

• reason for decision
• conditions for carrying out certain activities (if granted)
• any monitoring required (in addition to that already outlined), and who undertakes that
• expiry date of resource consent (if present)

Question 24

controlled activities and resource consent decision

Answer 24

For controlled activities, councils must grant these applications, with a few exceptions. Even so, the council usually puts some conditions on the consent.
Council may also check to see you are following resource consent, including site visits.

Question 25

Appealing a council decision

Answer 25

If the applicant does not agree with the decision or the conditions on the consent (for approved
consents), they can either make an objection (on certain decisions), or appeal to the Environment
Court, depending on the circumstances.

Question 26

Monitoring for compliance, and what checking/monitoring involves.

Answer 26

Every council is required to monitor the activity that a granted resource consent allows

This involves checking and monitoring:
– when consents have been ‘given effect to’ (the
consented activity is under way)
– compliance with consent decisions and conditions
– the effectiveness of consent conditions
– the impact of consented activities on the environment.

The type and frequency of monitoring will vary. Some consents require only a minimal level, while others require regular site visits.

Question 27

Three key roles of the Auckland Unitary Plan

Answer 27

– Describes how Auckland’s natural and physical resources will be managed
– Providing a regulatory framework for upholding environmental standards
– Principal statutory planning document for Auckland Council

Question 28

Strategic Planning Act

Answer 28

• climate change act response
• local government act
• land transport management act