Part 3 RMA (2nd part) Statutory Restrictions And Duties

Question 1

What does Part 3 of the RMA create?

Answer 1

Creates statutory presumptions concerning:
•Use of land and subdivision
•Use of the coastal marine area(CMA)
•Use of beds of lakes and rivers
•Takes and uses of water
•Discharge to air, land and water, and in CMA
•Noise
And establishes a general duty to avoid, remedy or mitigate adverse effects on the environment.

Question 2

What section restricts the use of land or allows for the restriction of the use of land because it is permissively drafted?

Answer 2

s 9

Question 3

What section is the definition of land under?

Answer 3

s 2

Question 4

What section can u find the definition for the word ‘Use’ and other sections relating to the responsibilities of district councils of land use?

Answer 4

s 2

Question 5

Subdivision is expressed as prohibited and a restrictive drafting unless what and under what section?

Answer 5

s 11 (has the answer)

Question 6

What section are the restrictions on use of the costal marine area,

Answer 6

s 12
(Key definitions also, “coastal marine area, occupy” defined in re COMMON MARINE AND COASTAL AREA - occupation must be
•reasonably necessary for another activity ie, jetty etc, and
•to the exclusion of all or any class of persons and
•for a period of time and in a way that a lease or license would be required)

Question 7

What section is Restrictions on certain uses of beds of lakes and rivers?

Answer 7

Section 13 (contains a restrictive approach (s13(1)) and permissive approach (s13(2)

Question 8

What section are “Restrictions relating to water?

Answer 8

Section 14

Question 9

Discharge of contaminants or water are under what section?

Answer 9

Section 15
Contains restrictive approach (s15(1))
and a permissive approach (s15(2) and (2A))

Question 10

What section is “Duty to avoid unreasonable noise?

Answer 10

Section 16

Question 11

What section is “ General duty to avoid remedy or mitigate adverse effects?

Answer 11

Section 17

Question 12

What section is Procedural principles?
(For decision makers exercising there powers and performing functions under RMA)

Answer 12

Section 18A

Question 13

What section is ‘Other legal requirements not affected?
(Meaning compliance with RMA does not avoid the need to comply with other laws)

Answer 13

Section 23