Part 3 RMA, Statutory Restrictions And Duties

Question 1

What is ‘undertaking as of right’ and what section is an example of it?

Answer 1

Essentially a statutory permission to do something eg, s 14(3)(b)-(e)

Question 2

What is ‘as of right’-permitted activity and what section?

Answer 2

s 87A(1) - Activities that are described as permitted activities by the RMA, an NES, a plan

Examples in the RMA
•s 87BA boundary activities
•s 87BB marginal or temporarily non-compliant activities

Question 3

What are ‘As of right’ - unregulated activities?

Answer 3

If the RMA does not apply to the activity - outside scope of ss 9,11-15C

RMA does not apply if -
1) An activity is not described in the RMA eg, boating, fishing under the Fisheries Act 1996 OR

2)The RMA provision dealing with the activity is permissively drafted (presumption that the activity can be undertaken)

There is no relevant plan provision (or NES provision) that restricts the activity

Question 4

What are Permissive and restrictive drafting in Part 3?

Answer 4

•Permissive drafting - “don’t do anything unless the plan/NES says you can”

•Permissive drafting - “do anything you like unless the plan/NES says you can’t”

Eg, no person may discharge and contaminant into water… UNLESS the discharge is expressly allowed by a NES, plan rule, or resource consent

No person may discharge a contaminant into air… in a manner that contravenes a NES UNLESS the discharge is expressly allowed by other regulations, a resource consent, or it is allowed by s 20A