Module 3 Pop Questions

Question 1

A certificate of compliance is deemed to be a resource consent issued subject to any conditions specified in an applicable national environmental standard or plan, and subject to the existing use provisions of the RMA.

True or False?

Answer 1

True

Question 2

A person may discharge water into water without a resource consent unless the water being discharged has contaminants in it.

True or False?

Answer 2

False

Question 3

A quarry has discontinued its activity for the last 3 years. The new district plan, which has been operative for 5 years, prohibits quarries but the quarry owners assert that they have existing use rights as they applied to the council for an extension 18 months ago and the territorial authority granted a 2 year extension. Do they?

Select one:

a. No, under s10(1)
b. Yes, under s9(3)(a)
c. No, under s20A
d. Yes, under s10(2)

Answer 3

The correct answer is: Yes, under s10(2)

Question 4

In which 3 of the following situations must an application for a resource consent be publicly notified, even if there is a rule or a national enviromental standard that precludes public notification?

Select one or more:

a. The application is for a non complying activity

b. The consent authority has not decided whether or not to give public or limited notification when the deadline for the applicant to provide further information expires and the applicant has not provided the information

c. The consent authority decides that special circumstances exist

d. The applicant requests public notification of the application

Answer 4

The correct answers are:

The consent authority decides that special circumstances exist,

The consent authority has not decided whether or not to give public or limited notification when the deadline for the applicant to provide further information expires and the applicant has not provided the information,

The applicant requests public notification of the application.

Question 5

Which of the following applications must be publicly notified?

Select one:

a. Application for a subdivision consent

b. Application for a land use consent

c. Application for a coastal permit for a restricted coastal activity

d. Application for a discharge permit

Answer 5

see s 117(5)

The correct answer is Application for a coastal permit for a restricted coastal activity

Question 6

If the Minister calls in a matter of national significance then a current, former or retired Environment Court Judge or a retired High Court Judge must be one of the decision-makers.

True or False?

Answer 6

A called in matter is decided by the Environment Court or a board of inquiry. A board of inquiry MAY include a current, former or retired Environment Court Judge or a retired High Court Judge - sees 149J(3). this changed in April 2017

The correct answer is: False

Question 7

If an application for a controlled activity has been returned as incomplete, and a proposed plan is notified which makes the activity a discretionary activity before the application is resubmitted, the resubmitted application must be:

Select one

a. Treated as an application for a discretionary activity

b. Treated as an application for a controlled activity

c. Treated as an application for a controlled activity or a discretionary activity, as decided by the applicant.

d. The application is treated as an application for a controlled activity or a discretionary activity, as decided by the consent authority

Answer 7

The correct answer is. Treated as an application for a discretionary activity

Question 8

A consent authority considering an application by an existing consent holder for a new consent for the existing activity

Select one or more:

a. Must have regard to the matters under s104(1)

b Must have regard to the value of the investment by the existing consent holder if s124 or s 165ZH(1)
(c) applies

c. Must have regard to the term of the existing consents

d. May have regard to the value of the investment of the existing consent holder if s124 or s 165ZH(1)(c) applies

e. Must have regard to the number of infringment notices and abatement notices served on the existing *
consent holder

Answer 8

see s 104(1) and (2A) RMA

The correct ansivers are:

Must have regard to the matters under s104(1),

Must have regard to the value of the investment by the existing consent holder if s124 or s 165ZH(1)(c) applies

Question 9

Match each of the following types of resource consents with the maximum period for which the consents can be granted.

Discharge permit, 35 years or unlimited?

Coastal permit for any use except reclamation, 35 years or unlimited?

Water permit, 35 years or unlimited?

Subdivision permit, 35 years or unlimited?

Coastal permit for a reclamation, 35 years or unlimited?

Land use consent, 35 years or unlimited?

Answer 9

The correct answer is. Discharge permit - 35 years, Coastal permit for any use except reclamation - 35 years, Water permit - 35 years, Subdivision permit - Unlimited, Coastal permit for a reclamation , Unlimited, Land use consent - Unlimited

Question 10

A consent authority may grant a resource consent for a non-complying activity only if it is satisfied that the adverse effects of the activity on the environment (other than any effect to which s104(3)(a)(ii applies) will be minor:

Select one:

a. Only if the application is for an activity that will not be contrary to the objectives and policies of any relevant plan(s) or proposed plan(s)

b. And the application is for an activity that will not be contrary to the objectives and policies of any relevant plan(s) or proposed plan(s)

C. Or the application is for an activity that will not be contrary to the objectives and policies of any relevant plan(s) or proposed plan(s)

Answer 10

The correct answer is, Or the application is for an activity that will not be contrary to the objectives and policies of any relevant plan(s) or proposed plan(S)

Question 11

A consent authority can choose not to hold a public hearing on a resource consent application unless (hint- more than one answer is correct):

Select one or more:

a. The applicant or any submitter requests a hearing to be held

b. The resource consent was not notified

c. The Minister for the Environment requests a hearing to be held

d. The consent authority considers it necessary

Answer 11

The correct answers are:

The applicant or any submitter requests a hearing to be held

The consent authority considers it necessary

Question 12

Section 16 imposes a duty to avoid unreasonable noise but does not apply to activities being carried out in any premises. True or False?

Answer 12

Section 16 imposes a duty to avoid unreasonable noise which applies to all activities being carried out in any premises, on any water bodies and in the coastal marine area; not just any premises.
The correct answer is False

Question 13

A person may discharge smoke from a chimney in a residence without a resource consent unless

Select one or more:

a. A regional plan has defined industrial and trade premises as including a residence

b. A district plan rule requires a resource consent for a discharge from a residential chimney

c. A regional plan rule requires a resource consent for a discharge from a residential chimney

d. The discharge is from an open fire

Answer 13

The correct answer is. A regional plan rule requires a resource consent for a discharge from a residential chimney

Question 14

In general, existing land uses contrary to a rule in a distric plan or a proposed district plan may be continued, if three conditions are met. What are they?

Select one or more:

a. If the existing use has not been discontinued for a continuous period of more than six months after the rule in the plan became operative or the proposed plan was notified, unless paragraphs (a) and (b) of s10(2) are satisfied

b. If the existing use was lawfully established before the rule became operative or the proposed plan
was notified

c. If the existing use has not been discontinued for a continuous period of more than twelve months after the rule in the plan became operative or the proposed plan was notified, unless paragraphs (a) and (b) of s10(2) are satisfied

d. If the use causes no more than minor effects in character, intensity and scale to those which existed before the rule became operative or the proposed plan was notified

e. If the effects of the use are the same or similar in character, intensity and scale to those which existed before the rule became operative or the proposed plan was notified

f. If the existing use was lawfully established two months prior to the rule becoming operative or the proposed plan being notified

Answer 14

The correct answers are:

If the effects of the use are the same or similar in character, intensity and scale to those which existed before the rule became operative or the proposed plan was notified,

If the existing use has not been discontinued for a continuous period of more than twelve months after the rule in the plan became operative or the proposed plan was notified, unless paragraphs (a) and (b) of s10(2) are satisfied

If the existing use was lawfully established before the rule became operative or the proposed plan was notified

Question 15

A consent authority must publicly notify a resource consent application if (hint- more than 1 answer is correct)

Select one or more:

a. Special circumstances exist in relation to the application

b. A person notified under section 95B does not consent to the activity

c. The application is for a consent for a number of activities and a rule precludes notification in relation to each activity

d. Section 95C applies after a request for further information

Answer 15

The correct answers are:

Special circumstances exist in relation to the application

Section 95C applies after a request for further information

Question 16

After an application has been lodged with a local authority the Minister may call in the matter if (more than one answer may be required)

Select one or more:

a. The Minister considers that the matter is a proposal of national significance and the Minister decides at his or her own initiative to call the matter in

b. The Minister considers that the matter is a proposal of national significance and the local authority requests the Minister to call the matter in

c. The local authority and the applicant both request the Minister to call the matter in

d The EPA requests the Minister to call the matter in

e. The Minister considers that the matter is a proposal of national significance and the applicant has requested the Minister to call the matter in

Answer 16

see s 142(1) RMA

The correct answers are:

The Minister considers that the matter is a proposal of national significance and the Minister decides at his or her own initiative to call the matter in

The Minister considers that the matter is a proposal of national significance and the applicant has requested the Minister to call the matter in

The Minister considers that the matter is a proposal of national significance and the local authority requests the Minister to call the matter in

Question 17

Which of the following matters must a consent authority have regard to under s104 of the
RMA when considering a resource consent application?

Select one or more:

a. Relevant planning instruments under s104(1)(b)

b. Any actual or potential effects on the environment of allowing the activity

c. Any submissions on the application received by the consent authority

d. The potential effects of the application on all parties, whether or not they have given written approval

e. Trade competition issues

f. The sustainable allocation of resources

g. Any other matter the consent authority consides relevant and reasonably necessary to determine the application

Answer 17

Note that s104(1) commences “When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2, have regard to

The correct answers are:

Any actual or potential effects on the environment of allowing the activity

Relevant planning instruments under s104(1)(b)

Any other matter the consent authority consides relevant and reasonably necessary to determine the application

Question 18

Match each type of activity with the correct discretion that the consent authority has to issue a consent for that activity.

Activities:
Controlled activities
Permitted Activity
Discretionary ( not restricted)
Non-complying activity
Discretionary (restricted)

Discretions:
The consent authority’s discretion to grant or refuse to grant consent, and impose conditions, is limited to the particular matters over which the consent authority has retained discretion.

The consent authority has discretion to grant or refuse a consent but it can only grant consent where at least one of the s104D(1) preconditions are met, Discretionary (restricted)

The consent authority has a general discretion to grant or refuse a consent, subject to ss104B, Non-complying activity

A cetificate of compliance can be issued by the consent authority if the activity meets the plan requirements,

The consent authority must grant the consent (except where s106 applies) but may impose conditions on the consent under s108 for matters over which it has reserved control in its plan or proposed plan, Permitted activity

Answer 18

Note that s107A provides that a consent authority must not grant a resource consent to do something that will, or is likely to, have a significant adverse effect on a recognised customary activity, unless written approval is given for the proposed activity by the holder of a relevant customary rights order. This may prevent the grant of an application for a resource consent for a controlled activity.

The correct answer is:
Controlled activity - The consent authority must grant the consent (except where s106 applies) but may impose conditions on the consent under s108 for matters over which it has reserved control in its plan or proposed plan

Permitted activity -> A cetificate of compliance can be issued by the consent authority if the activity meets the plan requirements

Discretionary (not restricted) - The consent authority has a general discretion to grant or refuse a consent, subject to ss104B

Non-complying activity - The consent authority has discretion to grant or refuse a consent but it can only grant consent where at least one of the s104D(1) preconditions are met

Discretionary (restricted) -> The consent authority’s discretion to grant or refuse to grant consent, and impose conditions, is limited to the particular matters over which the consent authority has retained discretion

Question 19

After considering an application for a resource consent for a discretionar activity (that is not a restricted discretionary activity), a consent authority:

Select one:

a. May grant or refuse the consent, and (if granted) may impose conditions under section 108

b. May grant or refuse the consent, but (if granted) may not impose conditions

c. May grant or refuse the consent, and (if granted) may impose conditions only in respect of those matters over which it has reserved control

d. Must refuse the consent

Answer 19

The correct answer is: May grant or refuse the consent, and (if granted) may impose conditions under section 108

Question 20

The RMA allows for two or more resource consent applications by the same person for the same activity to be heard together in a combined hearing. True or False?

Answer 20

The RMA does allow for two or more resource consent applications by the same person for the same activity to be heard together in a combined hearing under s103

The correct answer is: True

Question 21

Match the local authority with the activities for which it has the responsibility of issuing resource consents.

(Authorities)
Local authorities
Regional authority
Territorial authority

(Activities)
The control of activities in relation to the surface water in rivers and lakes

The control of land for the maintenance of the quantity of water in water bodies and coastal water

Avoidance or mitigation of natural hazards

Answer 21

correct answer is:
Local authorities - Avoidance or mitigation of natural hazards,

Regional authority - The control of land for the maintenance of the quantity of water in water bodies and coastal water,

Territorial authority -, The control of activities in relation to the surface water in rivers and lakes

Question 22

All activities in the coastal marine area (as defined in s2) listed under s12 are prohibited, unless permitted by a national environmental standard, a rule in a regional coastal plan, or proposed regional coastal plan, a resource consent or s20A. True or False?

Answer 22

All activities in the coastal marine area listed under s12 are prohibited, unless permitted by a rule in a regional coastal plan, a resource consent or s20A
The correct answer is. True

Question 23

Section 15(1)(c) prohibits the from any ____ of any contaminant from any trade or industrial premises into air unless the _ is expressly allowed by a National Environmental Standard, a rule in a regional plan or a proposed regional plan, a resource consent or other regulations. (Hint- fill in the gap)

Answer 23

The correct answer is: Discharge

Question 24

Where, as a result of a rule in a regional plan becoming operative, an activity that formerly was a permitted activity or which otherwise could have been lawfully carried out without a resource consent requires a resource consent, the activity may continue to be carried out after the rule becomes operative, if three conditions are satisfied.
What are they?

Select one or more:

a. If the existing use was lawfully established two months prior to the rule becoming operative or the proposed plan being notified, and

b. Only if the use causes less effects in the character, intensity and scale to those which existed before the rule became operative; and

c. If before the rule became operative, the activity was a permitted activity or allowed to continue under s20A(1) or otherwise could have been lawfully carried on without a resource consent; and was lawfully established; and

d. If the effects of the use are the same or similar in character, intensity and scale to those which existed V before the rule became operative; and

e. If the person carrying out the activity has applied for a resource consent within six months of the rule becoming operative and the application has not been decided or any appeals have not been determined, and

f. If the existing use has not been discontinued for more than twelve months when a resource consent
is been applied for, and

Answer 24

See the provisions of s20A inserted by the RM Amendment Act 2003.

The correct answers are:

If the effects of the use are the same or similar in character, intensity and scale to those which existed before the rule became operative, and,

If before the rule became operative, the activity was a permitted activity or allowed to continue under s20A(1) or otherwise could have been lawfully carried on without a resource consent; and was lawfully established, and,

If the person carrying out the activity has applied for a resource consent within six months of the rule becoming operative and the application has not been decided or any appeals have not been determined and

Question 25

If a consent authority requests further information and the applicant does not provide the information, the consent authority has the discretion whether or not to publicly notify the application. True or False?

Answer 25

in this situation, the consent authority must publicly notify the application unless it had already made its notification decision

The correct answer is False

Question 26

In which 3 of the following circumstances must the consent authority publicly notify an application for resource consent?

Select one or more:

a. The consent authority decides the effects of the application are more than minor and a national environmental standard precludes public notification.

b. The application is for consent for a controlled activity, but the consent authority decides that the effects of the application are more than minor and the applicant has not requested public notification

c. The applicant does not respond to a request by the consent authority to commission a report

d. The consent authority decides that the activity is likely to have more than minor effects but a national environmental standard precludes public notification and the applicant has not requested public notification

e. Special circumstances exist in relation to an application

I. A national environmental standard precludes public notification but the applicant requests it

Answer 26

The correct answers are:

Special circumstances exist in relation to an application,

A national environmental standard precludes public notification but the applicant requests it,

The applicant does not respond to a request by the consent authority to commission a report

Question 27

Four of the following circumstances will influence the decision of the Minister for the Environment to call in matters that are or are part of a proposal of national significance.

Select one or more:

a. If the application is relevant to NZ’s international obligations to the global environment

b. If the application has aroused widespread public concern regarding its likely effect on the environment

c. If the application is likely to be significant in terms of s8

d. If the consent authority is having difficulty making a decision on the application

e.If the application is likely to have a of significant effect on NZ’s international trading relationships

f. If the application will result in irreversible changes to the environment

Answer 27

The correct answers are:

If the application is likely to be significant in terms of s8,

If the application will result in irreversible changes to the environment,

If the application has aroused widespread public concern regarding its likely effect on the environment,

If the application is relevant to NZ’s international obligations to the global environment

Question 28

An application for a resource consent must (hint- more than one answer is correct):

Select one or more:

a Include a three year assessment of any actual or potential effects the activity may have; and

b. Include, the information required by the Fourth Schedule,

c. Be made in the prescribed form and manner, and

d. Include a statement specifying all other resource consents that the applicant has ever applied for, and

e. Any information required to be included in the application by the Minister for Conservation or the Minister for the Environment, and

Answer 28

The correct answers are:

Be made in the prescribed form and manner, and, Include, the information required by the Fourth Schedule

Question 29

The consideration of a resource consent application by a consent authority is subject to Part _____of the Act?

Answer 29

The correct answer is Part 2

Question 30

Resource consent conditions issued by a consent authority must be (hint- more than one answer may be correct):

Select one or more:

a. Reviewed every six months by the consent authority and the applicant

b. Related to the development authorised by the relevant consent authority

c. Able to be carried out by the consent authority if the applicant defaults

d. Not be so unreasonable that a reasonable consent authority, duly appreciating its statutory duties, could not have approved it

e. For resource management purposes only

Answer 30

The correct answers are:

Related to the development authorised by the relevant consent authority,

For resource management purposes only,

Not be so unreasonable that a reasonable consent authority, duly appreciating its statutory duties, could not have approved it

Question 31

After considering an application for a resource consent for a controlled activity, a consent authority:

Select one:

a. Must grant the consent, if it has sufficient information to determine whether or not the activity is a controlled activity and may impose conditions in respect of those matters over which it has reserved control in its plan or proposed plan or which control has been reserved in a National Environmental Standard or other regulation

b. May grant the consent, subject to conditions in respect of those matters over which it has reserved control

C. May refuse the consent if it has sufficient information to determine whether or not the activity is a controlled activity

d. Must refuse the consent

Answer 31

See s104A, inserted by the RM Amendment Act 2003

The correct answer is.

Must grant the consent, if it has sufficient information to determine whether or not the activity is a controlled activity and may impose conditions in respect of those matters over which it has reserved control in its plan or proposed plan or which control has been reserved in a National Environmental Standard or other regulation

Question 32

A local authority must delegate its powers to hear and decide an application for a resource consent to 1 or more hearings commissioners who are not members of the local authority in which of the following circumstances (hint-more than one answer is correct)

Select one or more:

a. when requested to do so by any person

b. when requested to do so by a submitter

c. when requested to do so by the Minister

d. when requested to do so by the applicant

Answer 32

The correct answers are:

when requested to do so by the applicant,

when requested to do so by a submitter

Question 33

For which of the following activities do regional councils issue resource consents (hint-more than one answer is correct)?

Select one or more:

a. Restricted coastal activities

b. Discharge of contaminants

C. Existing use activities

d. Control of the use of land for the purposes of soil conservation

e. Control of the use of contaminated land

Answer 33

The correct answers are:

Restricted coastal activities,

Discharge of contaminants,

Control of the use of land for the purposes of soil conservation

Question 34

If a use of land under s9(3) contravenes a district rule, it may only be carried out if it is expressly allowed by a resource consent.
True or False?

Answer 34

It may also be allowed to be carried out if it is allowed by s10 or 10A

The correct answer is: False

Question 35

In which three of the following circumstances can water be taken, used, dammed or diverted under the RMA?

Select one or more:

a. The taking of geothermal water, its heat or energy, for the benefit of the tangata whenua (in accordance with tikanga Maori)

b. For town water supply purposes

c. When a land owner creates a water bore on his or her property (without permission from the relevant local authority)

d. For fire-fighting purposes

e. When it is permitted by a national environmental standard or regional plan rule

f. Unconditionally, for farming needs

Answer 35

The correct answers are:

When it is permitted by a national environmental standard or regional plan rule, For firefighting purposes, The taking of geothermal water, its heat or energy, for the benefit of the tangata whenua (in accordance with tikanga Maori)

Question 36

A certificate of compliance is deemed to be a resource consent issued subject to any conditions specified in an applicable national environmental standard or plan, and subject to the existing use provisions of the RMA. True or False?

Answer 36

The correct answer is. True

Question 37

Where an existing use of the surface of a river or lake was permitted or did not require a resource consent and a new rule or plan is made that requires a resource consent, the use may be continued if three conditions are satisfied. What are they?

Select one or more:

a. If the person carrying out the activity applies for a resource consent within six months of the rule becoming operative

b. If the effects of the use are the same or similar in character, intensity and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan was notified

c. If the use causes less effects in character, intensity and scale than those which existed before the rule in the plan became operative or the rule in the proposed plan was notified

d. If the existing use was lawfully established before the rule became operative or the proposed plan
was notified

e. If the existing use has not been discontinued for more than twelve months after the rule in the plan became operative or the rule in the proposed plan was notified

f. If the existing use was lawfully established two months prior to the rule becoming operative or the proposed plan being notified

Answer 37

See the provisions of s10A(1).

The correct answers are:

If the effects of the use are the same or similar in character, intensity and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan was notified,

If the existing use was lawfully established before the rule became operative or the proposed plan was notified,

If the person carrying out the activity applies for a resource consent within six months of the rule becoming operative

Question 38

Who may make a submission on a resource consent application notified under s95B?

Select one:

a. No submissions may be made

b. Any affected customary rights group, any affected customary marine title group and any affected person

c. Any person who received limited notification of the application (unless s308B applies to that person)

d. Any person

Answer 38

The correct answer is:

Any person who received limited notification of the application (unless s308B applies to that person)

Question 39

If an application is not required to be publicly notified under what circumstances must the consent authority give limited notification and to whom? (hint-more than one answer is correct)

Select one or more:

a. An affected protected customary rights group who has not given written approval to the activity although a national environmental standard precludes limited notification

b. an affected person who has not given written approval to the activity and a national environmental
standard does not preclude limited notification

C. a person to whom a statutory acknowledgement has been made is an affected person but a rule precludes limited notification

d. any affected person whether or not that person has given written approval if a national environmental * standard requires limited notification

e. an affected person in relation to an application for a resource consent for a controlled land use (not
subdivision) activity

f. an affected customary marine title group who has given written approval to the activity

Answer 39

The correct answers are:

an affected protected customary rights group who has not given written approval to the activity although a national environmental standard precludes limited notification,

an affected person who has not given written approval to the activity and a national environmental standard does not preclude limited notification,

a person to whom a statutory acknowledgement has been made is an affected person but a rule precludes limited notification

Question 40

If an activity is described in a plan as a prohibited activity an application can be made for the activity but the application cannot be granted until the activity description changes.
True or False?

Answer 40

The correct answer is: False

Question 41

Under s104, when considering a resource consent application a consent authority shall have regard to the effects of trade competition.
True or False?

Answer 41

Under s104(8) when considering an resource consent application, a consent authority shall not have regard to the effects of trade competition

The correct answer is: False

Question 42

When considering an application for a resource consent for a restricted discretionary activity, a consent authority (hint- choose three answers):

Select one or more:

a. If it grants the application, may impose conditions under s108 only for those matters specified in a National Environmental Standard or other regulaitons, and the plan or proposed plan over which it has restricted the exercise of its discretion

b. Must consider only those matters specified in a National Environmental Standard or other regulaitons, and the plan or proposed plan to which it has restricted the exercise of its discretion

c. May grant or refuse the consent, and (if granted) impose any conditions

d. May grant or refuse the application

e. Must grant the consent, and may impose conditions only for those matters over which it has reserved control

f. May grant or refuse the consent, but if granted) may not impose any conditions

Answer 42

See s104C, inserted by the RM Amendment Act 2003.

The correct answers are:

Must consider only those matters specified in a National Environmental Standard or other regulaitons, and the plan or proposed plan to which it has restricted the exercise of its discretion,

If it grants the application, may impose conditions under s108 only for those matters specified in a National Environmental Standard or other regulatons, and the plan or proposed plan over which it has restricted the exercise of its discretion,

May grant or refuse the application

Question 43

The duty in section 16 to adopt the best practicable option to avoid unreasonable noice can be enforced by

Select one:

a An infringement notice ( s343A)

b. An excessive noise direction ( s327)

c. Prosecuting the offender (s338)

d. An abatement notice ( s322)

Answer 43

The correct answer is An abatement notice ( s322)

Question 44

For which of the following activities do territorial authorities issue resource consents (hint- more than one answer is correct)?

Select one or more:

a. Discharge of contaminants

b. Coastal activities

c. Land use activities

d. Restricted coastal activities

e. Subdivision of land

Answer 44

The correct answers are:

Land use activities,

Subdivision of land

Question 45

“Land”, to which section 9 applies, includes land covered by salt water. True or false?

Answer 45

The definition of land” in s2 includes land covered by water (and “water” includes coastal water/seawater), but s9(6) provides that s 9 does not apply to the coastal marine area, so in s 9 “land” does not include land covered by salt water.

The correct answer is False

Question 46

Who may make a submission on a resource consent application notified under section 95A?

Select one:

a. Only persons who received notice of the application

b. Any person

с. Only the applicant

d. Any person (unless section 308B applies to that person)

Answer 46

The correct answer is: Any person (unless section 308B applies to that person)

Question 47

In what circumstances must a consent authority NOT publicly notify an application for a resource consent?

Select one or more:

a. the application is for a resource consent for 1 or more activities, and each activity is subject to a rule that precludes public notification

b. the application is for a resource consent for a restricted discretionary activity that is a subdivision and a non-complying activity that is a residential activity

c. the application is for a resource consent for 1 or more activities, and 1 of those activities is subject to a rule that precludes public notification

d. the application is for a resource consent for a restricted discretionary activity that is a subdivision and a non-complying activity that is a boundary activity

Answer 47

The correct answers are:

the application is for a resource consent for 1 or more activities, and each activity is subject to a rule that precludes public notification,

the application is for a resource consent for a restricted discretionary activity that is a subdivision and a non-complying activity that is a boundary activity

Question 48

The Minister may call a matter in by making a direction to refer the matter to

Select one or more:

a. The Environment Court

b. A Board of Inquiry

c. The Ministry for the Environment

d. The EPA

e. A hearings commissioner appointed by the relevant council

Answer 48

The correct answers are:

A Board of Inquiry. The Environment Court

Question 49

If an application for a resource consent does not include the information required by the Fourth Schedule or the information required by regulations, what may the consent authority do?

Select one:

a. Within 5 working days after the application was first lodged, determine the application is incomplete and return the application, with written reasons for the determination, to the applicant

b. Within 10 working days after the application was first lodged, determine the application is incomplete and return the application to the applicant, with or without written reasons for the determination

c. Within 10 working days after the application was first lodged, determine the application is incomplete and return the application, with written reasons for the determination, to the applicant

d. Amend the application itself to include the missing information, and notify the applicant within 5 working days of the changes it has made

Answer 49

note s 88 RMA was amended in 2015 to provide the consent authority with 10 working days to return an incomplete application

The correct answer is:

Within 10 working days after the application was first lodged, determine the application is Incomplete and return the application, with written reasons for the determination, to the applicant

Question 50

A consent authority may grant a resource consent for a non-complying activity only if it is satisfied that:

a) the adverse effects on the environment (other than any effect to which s104(3)(a)(i) applies) will be minor, and

b) the application is for an activity that will not be contrary to the objectives and policies of any relevant plan or proposed plan, or either the relevant plan or proposed plan.
True or False?

Answer 50

Only one of the tests in ss104D(1)(a) or (b) must be met before the consent authority may grant a resource consent for a non-complying activity.

The correct answer is False

Question 51

A person may subdivide land only if the subdivision does not contravene an NES, rule in a district plan or proposed district plan, or if subdivision is expressly allowed by a resource consent. True or False?

Answer 51

The correct answer is True’

Question 52

All activities in the coastal marine area (as defined in s2) listed under s12 are prohibited, unless permitted by a national environmental standard, a rule in a regional coastal plan, or proposed regional coastal plan, a resource consent or s20A. True or False?

Answer 52

All activities in the coastal marine area listed under s12 are prohibited, unless permitted by a rule in a regional coastal plan, a resource consent or s20A.

The correct answer is: True

Question 53

An existing use certificate may be issued in which of the following circumstances?

Select one:

a. Where the activity is described in a plan as a controlled activity and the activity does not affect the matters over which control has been reserved

b. Where the activity is described in the plan as a permitted activity

c. Where there is no relevant plan provision controlling the activity

d. Where the activity complies with section 10, 10A or 20A

Answer 53

The correct answer is:

Where the activity complies with section 10, 10A or 20A

Question 54

When a resource consent application is publicly notified under section 95A any person can make a submission unless section 308B applies. True or False?

Answer 54

The correct answer is: True

Question 55

Which of the following applications must be publicly notified?

Select one:

a. Application for a coastal permit for a restricted coastal activity

b. Application for a land use consent

c. Application for a discharge permit

d. Application for a subdivision consent

Answer 55

see s 117(5)

The correct answer is: Application for a coastal permit for a restricted coastal activity

Question 56

A person may subdivide land only if subdivision is expressly permitted by a NES, a rule in a district plan as well as a proposed district plan, or by a resource consent. True or False?

Answer 56

The correct answer is ‘True.