ACTS AND SHIT Flashcards

Question

What are implied warranties?

Answer 1

Under the Building Act The law sets out implied warranties that apply for up to 10 years to all residential building work, regardless of whether or not you have a written contract, or what the terms of your contract are.

Answer 2

* A copy of any current insurance policy they hold for the building work completed under the contract. This does not include policies that expire when the work is completed. * A copy of any guarantees or warranties for materials or services used in the building work, including information about how to make a claim, if the guarantee or warranty is transferable, and if it must be signed and returned to the issuer. * Information about the processes and materials to be used to maintain the building work; particularly if maintenance is required to meet the requirements of the building code or maintenance that could affect any guarantee or warranty.

Answer 3

If the contractor hasnt met the requirements under the Building Act and doesn’t have a written contract, or if the contract doesn’t include the minimum content specified in the Act, there are new default clauses that will automatically be considered to be part of your contract. Default clauses cover: building consents variations payments subcontractors dispute resolution notices.

Answer 4

The Construction Contracts Act 2002 came into force on 1 April 2003.

Answer 5

The purpose of the Act is to provide a process for deciding what payments have to be made under a construction contract and when they are due. The Act also provides quick and simple procedures to resolve disputes about money due under construction contracts.

Answer 6

you can either pay the claimed amount before the due date (20 working days after service of the payment claim) or provide a payment schedule to the contractor.

Answer 7

* Be in writing. * Contain sufficient details to identify the construction contract to which the progress payment relates * Identify the construction work and the relevant period to which the progress payment relates. * Indicate a claimed amount and the due date for payment. * Indicate the manner in which the payee calculated the claimed amount. * State that it is made under the Construction Contracts Act. * If a payment claim is to be given to a residential occupier of a property, it must include a notice in a form prescribed by the Act setting out what the residential customer must do in response to the payment claim. (Form 1?)

Answer 8

they must object to the payment claim by giving the contractor a ‘payment schedule’ in writing identifying the payment claim to which it relates and indicating what amount the customer is prepared to pay (which can be nothing).

Answer 9

the customer becomes liable to pay the full amount claimed in the payment claim and the contractor may recover it from the customer by court proceedings, which cannot easily be defended by the customer. If you simply don’t pay and don’t give the contractor a written payment schedule, it becomes a debt that they can recover from you in the Courts, along with legal costs. The builder/contractor can only suspend work if this is agreed in the contract, or if it’s a commercial construction contract.

Answer 10

If the client issues a payment schedule within the time limit disputing all or part of the claimed amount, the contractor can refer the matter as a dispute for adjudication under the Construction Contracts Act. After the adjudicator is appointed, the contractor has five days to provide information in support of their claim. The customer then has five working days to respond. The Adjudicator must then issue a decision within 30 working days.

Answer 11

Whoever starts the adjudication process must serve a written notice of adjudication on the other person giving details about the dispute and the names and addresses of both parties for service of the legal documents. If it is the builder starting off the adjudication, (and the building is not a commercial property), the builder’s notice must also: Explain to you your rights and obligations in the adjudication process. Briefly describe that process. If the builder’s notice doesn’t do this, the notice will have no legal effect.

Answer 12

- An adjudicator is chosen - whoever started the process has five working days to refer the dispute to the adjudicator in the form an adjudication claim (which is also served on the other party), giving the details about the dispute. - the other party has five working days to respond to the adjudicator about the adjudication claim. You will also receive a copy of their response. -You can appoint a lawyer to represent you if you wish.

Answer 13

The Consumer Guarantee Act (CGA) sets out quality guarantees any business or person in trade must provide to their customers. It makes sure customers get what they pay for and, if needed, a repair, refund or replacement for a faulty product or substandard service.

Answer 14

Consumer being a person who acquires goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption and who does not acquire them for the purpose or resupplying them in trade, or consuming them in a process of production or manufacture [i.e. generally residential architecture].

Answer 15

It is likely architectural services will be covered by the act even for commercial projects, or if the client is a business.

Answer 16

Provided the contract is in writing, and the client is purchasing the services for business use (commercial property development, stock warehouse..., or provided for a business - schools, hospitals and government departments are considered to be businesses.) the parties can contract out of the Act. You would do this if you didnt want to guarantee your service under the CGA

Answer 17

Guarantees (for services) 1. Carried out with **reasonable care and skill.** 2. The service, and any resulting products, must be: a. **Reasonably fit for purpose.** b. Of such a nature and **quality** that is can **reasonably be expected** to achieve any particular result that the client made known before or when agreeing to buy the services. c. Completed within a **reasonable time**, unless fixed by the contract. d. Charged for no more than a **reasonable fee**, unless the fee is fixed by the contract.

Answer 18

1. Architect is required to fix the problem within a reasonable time. If not, the client can have the problem fixed by someone else and then recover costs, or cancel the contract and sue for a refund, compensation for losses or other redress. 2. If of a substantial character, or the architect can’t fix, the client can immediately cancel the contract and sue.

Answer 19

A Romalpa clause is a clause that you can write into your contracts with your customers. It lets you keep ownership of parts or materials until the customer has paid in full for the work done. If they don’t pay, you can repossess the parts or materials.

Answer 20

A secondary loss resulting from an insured peril Extra loss is damage to property directly caused by faulty work or by a trader’s failure to take reasonable care. This loss is called consequential loss.

Answer 21

the purpose of this act is to mitigate the arbitrary effects of mistakes on contracts by giving courts appropriate power to grant relief in certain circumstances

Answer 22

* Mistake influenced party to enter contract * Mistake is before or when the contract was made (not after!) * There is a substantial unequal exchange in values, or consideration substantially disproportionate

Answer 23

Types of mistakes: common mistake: made by both, same error mutual mistake: two mistakes on the same fact unilateral mistake:made by one party to the other, and the other knows about it Examples are: Being provided false information (perhaps by council doucments) Obscure language: If a contract contains obscure language, leading both parties to interpret it differently, it can result in a mutual mistake. (not specific about the use of the building) Misunderstanding: If a person hires a contractor to paint a house, expecting the garage to be included, and the contractor, unaware of this, only paints the main portion, a mistake of fact claim may arise due to the contractor's lack of knowledge about the entire scope of the contract.

Answer 24

section 6: 'Relief may be granted where mistake by one party is known to opposing party or is common or mutual'. Common – made by both, same error (i.e. its common between the parties) Mutual – two mistakes on the same fact **A court may grant relief if:** a party was influenced into entering the contract by the mistake, and the existence of the mistake was known to the other party all parties to the contract were influenced in their decisions to enter by the same mistake. there were substantially unequal exchange of values where a benefit or obligation is granted or imposed, but it is considered disproportionate. where the written contract expressly or by implication makes provisions for the risk of mistakes a mistake in relation to a contract does not include the mistake in its 'interpretation'. the decision to enter a contract under the influence of a mistake is not a valid reason for a relief if the one entering the contract is aware of the mistake

Answer 25

Put simply, the Copyright Act 1994 is a set of guidelines that explains how published content can and can not be used. The general rule is: if it is published, it is copyright protected.

Answer 26

D8. Intellectual Property Rights - All copyrights belong to the Architect - The client is licensed to use the material for the sole purpose of the project - The license is conditional to the client meeting obligations under the agreement including payment of fees - If the agreement ends before the completion of the agreed services, the license will still apply but to the completed documents/service materials. Partially completed Services Materials cannot be used by the Client without the Architect’s prior written consent. - Future work using the service material without the Architect being appointed to provide related service will require the Architect's prior consent - Re-using the Service Materials is acceptable only on the written consent of the Architect who is entitled to receive a royalty at an agreed rate. - Completion of the Agreed Sercies or early termination of AAS entitles Client to retain one copy of completed Services Materials

Answer 27

If there is no prior agreement (eg. AAS) general law will apply: It has long been established at law that the physical plans and drawings prepared by architects on behalf of a client are, in the absence of special agreement, the property of the client. Property in the drawings passes to the client upon payment of the agreed remuneration. Nevertheless, it is equally well established that documents prepared in order to assist architects to carry out their duties remain their own property because the documents have not, in themselves, been created on behalf of the client. Thus, the client has never been entitled to demand memoranda, calculations, draft plans and other documents which the architect has prepared to assist him to carry out his duties. This basic rule would also appear to apply equally to preliminary CAD files The Copyright Act provides that the “author” of a work owns the copyright in that work, unless the work was produced on commission for a client.

Answer 28

Sections 21(3) and 26(1) of the Act provide that where such works have been commissioned by a client, copyright in the works is vested in the client as a commissioning party. This provision applies whether the client has paid the architect or not. The NZIA has made more than one submission to the Regulatory and Competition Policy Branch of the Ministry of Economic Development on the issue of the commissioning rules. **The most effective copyright protection is to ensure that you sign an Agreement for Architects Services, and that such Agreement contains the standard clauses** The NZIA takes the position that the Architect’s deliverables are included in the commissioning rule by an accident of definition only, without taking into account the intention of these deliverables. - ie that these doucments are not the final product the primary intention of the Architect’s deliverables is to facilitate realization of a project. This is fundamentally different from the production of objects where intellectual property rights are protected only through assertion or transfer of copyright.

Answer 29

The aim of the Act is to create productive relationships through ‘good faith’ and to recognise unions, individual employment contracts, collective negotiations and agreements, personal grievances, strikes, mediation and the provision of the Employment Court and the Employment Relations Authority.

Answer 30

- Prohibits unfair, misleading practice and representation by people in trade, including those who advertise goods and services. - The interest of consumers are protected - effective competition of businesses - for both businesses and consumers to participate in the act of trading confidently. - Prohibits unfair conduct in relation to trade - promotes fair conduct - provides for the disclosure of information relating to the supply of goods and services - promotes safety in respect of goods and services.

Answer 31

> The FTA applies including to overseas businesses that supply New Zealand services or products and online sales "is Act extends to the engaging in conduct outside New Zealand by any person resident or carrying on business in New Zealand to the extent that such conduct relates to the supply of goods or services, or the granting of interests in land, within New Zealand."

Answer 32

**- The general rule: no contracting out** - As a trader, you cannot contract out of your obligations to consumers under the Fair Trading Act. - Traders are bound by the Fair Trading Act despite any agreement to the contrary. **-The exception: parties in trade** - however, there is an exception where you may be able to contract out of some of your obligations **when dealing with other traders.** - Where: - both parties are in trade - the agreement is in writing - it is fair and reasonable for them to agree to contract out of the Fair Trading Act. As per part section 5C (4) states that the provisions of this Act will not apply if the contract imposes a stricter duty on the supplier than inposed under this Act , or if it allows for a more advantages remdy agaist the suplier than would be under the Act. In other words your contract can be tougher on the supplier than the Act and your contract will still apply.

Answer 33

Contracting out of the Act can be **commercially valuable** for both parties to an agreement. For example, a supplier may have knowledge that it wants to share with the other party but does not want to** risk liability by sharing i**t, and the other party may be happy to accept the knowledge without any warranty. In other cases, a party will be undertaking a full due diligence, and will be relying on its own assessments of performance or potential – so contracting out may well be fair and reasonable. For example, suppose you claim the other contracted party that your products “can cure their headaches in minutes.” However, you do not have evidence to back up this claim. If you contracted out of your FTA obligations, they could not bring an action against you for making an unsubstantiated claim. But seeing the potential of sales in the product the other party might be okay with accepting this.

Answer 34

If the tender contains misleading or deceptive information in relation to how the tender was prepared, the bidders are sometimes required to sign a warrantee that their bid has been independently developed and that there has been no communication with competitors about price, submission of the bid or terms of the bid

Answer 35

For Practices, PI insurance is important in the case of an accidental breach of the Fair Trading Act However there is "no persoanl liability" (practice liability) clause is effective, there is less scope to avoid this the the FTA. Where the Client is in trade and the engagement is not on 2018 AAS or SPA General Conditions, the Practice should seek to include a clause in its engagement agreement contracting out of section 9 of the FTA (like clause 10.2 in AAS 2018). Where the Client is not in trade, also to try to minimise potential liability under the FTA to a third party, and include in the engagement contract a “no personal liability” clause based on unreasonableness (like clause 10.10 in AAS 2018) and to have a personal liability disclaimer in the documents being issued.

Answer 36

Not mirespresenting oneself, honestly and fairness, care and diligence, no inducements, uphold the law

Answer 37

The main purpose of HSWA is to provide for a balanced framework to secure the health and safety of workers and workplaces by: protecting workers and other persons against harm to their health, safety and welfare by eliminating or minimising risks arising from work.

Answer 38

Person Conducting Business or Undertaking Despite its name, a PCBU will usually be a business entity, such as a company, rather than an individual person. A person might be a PCBU if they are a sole trader or a self-employed person. Examples include: A retail business A wholesale business A manufacturing business

Answer 39

The previous Health and Safety in Employment Act 1992 primarily focuses on the employer and employee roles. It places duties on carefully defined participants – employers, principals, the self-employed, persons controlling a place of work and suppliers of plant. The PCBU concept replaces all of these duty holders. It better reflects the complex nature of the modern workplace where there can be multiple working arrangements for workers in the same location or for the same organisation. The PCBU concept recognises that a business or undertaking has an influence over the health and safety of workers, even where those workers may not be its direct employees.

Answer 40

keep clear written records of the steps they are taking

Answer 41

- S.36 - ensure that any workplace under their control is without risk as reasonably as practicable (no falling books on head) - ensure health and safety of workers and other is not put at risk by the practice's work (too much screen time) - must consult with workers and others on health and safety matters

Answer 42

Where a practice is being run from a residential home, the home will be a workplace while work is being carried out there. This means that duties will be owed by the practice as a PCBU at that workplace.

Answer 43

the practice should seek to co-ordinate activities with the other PCBUs by agreeing allocated responsibilities and then monitoring those other PCBUs to ensure compliance

Answer 44

A practice needs a person (such as a Practice Manager) or committee to drive health and safety.

Answer 45

- Identify the practice’s health and safety needs. - Emergency response preparedness - Ensuring that sufficient funding and time given to H&S - Implement and supervise the practice’s health and safety policy and its procedures - Ensure all staff are issued with a copy of the practice’s health and safety policy - Scheduling regular discussions or meetings about health and safety - Ensure sufficient training - Consider how the practice will work with other PCBUS at workplaces where overlapping duties will exist. - Record incidents and significant occurrences of work-related ill health. - Investigate incidents with a view to determining the root cause and prevention - Take appropriate disciplinary action when breaches occur - Set an example However it cannot be just delegated to this one person but each officer has to share these duties

Answer 46

- Take care of themselves and other who may be affected by their acts or omissions. - Set a personal example to their colleagues and clients - keep escape routes clear - report any incidents

Answer 47

S.39 - Practice must design plant, substance or structure that is to be used or could reasonably be expected to be used as or at a workplace. - This could include the design of a residential home if it is reasonably foreseeable that the home may be used as a workplace in the future.

Answer 48

- duty to ensure, that any designs of plant, substances or structures are without risks to the health and safety of **those at a workplace** and any visitors to the workplace - must also carry out, or arrange someone else to carry out, any analysis and testing necessary to ensure the design will be without risk to health and safety - provide relevant information about the plant or structure to each person who is provided with the design and current relevant information to persons who request it. (builder yes but client also???)

Answer 49

consider the health and safety of those people who **construct, maintain, clean, repair** and eventually **demolish** the structure

Answer 50

- **Identify** Hazards - **Assess** risks if necessary - **design control measures** - implement the most effective control measure - **review** the control measures - to ensure they are working as planned.

Answer 51

Consult, co-operate, and co-ordinate so dar as reasonably practiable with the PCBU that does have control (Builder) In practical terms, this means that designers could provide information on hazards they have identified or guidance on safety elements of their design.

Answer 52

The lead consultant on a project has no greater responsibility, but it is likely to have more ability to influence or control the matter. In this circumstance, a designer should seek to agree and clearly document the extent of its influence or control and responsibilities.

Answer 53

Elimination, Minimisation, Administrative Control Measures, PPE https://www.worksafe.govt.nz/

Answer 54

– persons conducting a business or undertaking (PCBUs) – officers – workers – other persons at workplaces

Answer 55

Have an office health and safety policy and keep it updated!

Answer 56

Do a health and safety in Design document for each project

Answer 57

Give information only on the scope you designed The designer may not be aware of changes made to the building since it was constructed. In this situation, the extent of a designer’s duty is likely to be limited to the elements of the design detailed or specified by the designer and not by others (as each PCBU that designs has their own responsibilities).

Answer 58

* Maintain H&S documentation * Allocate sufficient time for risk assessment * Communicate design intentions to stakeholders * Consider building lifecycle and potential risks * Gather and retain data on maintenance, testing, and repair * Minimize viable risks where feasible * Confirm qualifications of examiners and testers in writing * Budget for effective design solutions * Conduct complex risk assessments when needed * Stay updated on H&S developments * Compile comprehensive H&S information * Document influence/control over H&S in multi-PCBU settings * Record discussions and actions for H&S compliance

Answer 59

* New duty for officers: Ensure PCBU compliance (due diligence) * Stay informed on health and safety matters * Understand employer's operations, hazards, and risks * Secure resources to minimize health and safety risks * Establish responsive processes for incidents and risks * Ensure compliance processes with legal duties

Answer 60

Health and Safety in Employment Act 1992

Answer 61

It is essential that all workers in these organisations are engaged in health and safety and have opportunity to effectively participate. Engagement at all levels of the organisation is vital

Answer 62

Control for the architect may be more at the beginning of the project when major design decisions are being made and less throughout the course of construction when the contractor takes operational control of a site.

Answer 63

19:1. For larger practices (>20) a formal health and safety commitee should be formed.

Answer 64

The Act provides for: the registration of companies. rules for directors and officers, shareholders or members. The aim of the Act is to assist with the prevention of misuse of New Zealand companies and provides the Registrar with additional powers.

Answer 65

The Act allows directors flexibility to manage a company. At the same time, the Act ensures directors are accountable for their actions.

Answer 66

* A name which has been reserved by the Registrar of Companies * At least one share * At least one shareholder * At least one director * A registered office, and * An address for service

Answer 67

There are advantages in adopting a Constitution, such as restrictions on share sales, insurance and indemnity for directors, and company financing of share purchases.

Answer 68

Companies do not require a Constitution. If there is no Constitution, the Company will simply be governed by the standard provisions of the Act.

Answer 69

A constitution essentially sets out the rights, powers and duties of:  the company  the board  each director and  each shareholder. You can incorporate a company in New Zealand with or without a constitution.

Answer 70

* Act in the company's best interests based on reasonable beliefs. * Exercise powers for a proper purpose. * Adhere to the Act and the Constitution. * Avoid conducting business in a manner risking creditor loss. * Ensure the company can meet incurred obligations. * Demonstrate the care and skill expected of a reasonable director. * Disclose material financial interests in transactions with the company. * Generally, refrain from disclosing director-held information. * Disclose specific details when buying or selling company shares, ensuring fair value.

Answer 71

If its Constitution permits it, then yes.

Answer 72

To keep directors accountable Directors are accountable, in that they must certify, in writing, that they have met certain requirements of the Companies Act (for example, regarding share issues, the solvency test, and amalgamations). All directors' certificates must be available for shareholders to inspect.

Answer 73

* solvency test. * distributions to shareholders (eg. dividends). * issuing new shares. * offers to acquire company’s shares. * redemption of shares. * company financial assistance to help others purchase shares. * approving director remuneration and insurance. * amalgamations with other companies.

Answer 74

1. The right to be bought out 2. The right to be bought out 3. The right to inspect records 4. The right to question management 5. The right to approve major transactions 6. The right to sue a director 7. The right to a remedy for prejudicial or oppressive conduct

Answer 75

The solvency test is pivotal to the Act: - a company must be able to pay its debts as they become due in the normal course of business; and - the value of the company's assets must be greater than the value of its liabilities.

Answer 76

Companies with a small number of shareholders can use the unanimous shareholders approval procedures as a way of avoiding the Act's strict compliance, which could otherwise be difficult to satisfy. Section 107 of the Act

Answer 77

The Privacy Act 1993 aims to promote and protect individual privacy. The Privacy Act 1993 controls how agencies collect, use, disclose, store and give access to information which may lead to an individual's identification

Answer 78

1. **Privacy Breach Reporting:** - Agencies must report privacy breaches causing serious harm. - Notification to affected individuals and the Commissioner is mandatory. 2. **Compliance Notices:** - The Commissioner can issue compliance notices for corrective actions. 3. **Access Request Decisions:** - Commissioner makes binding decisions on information access complaints. - Appeals to the Human Rights Review Tribunal are allowed. 4. **Cross-Border Protections:** - NZ agencies must secure personal information sent abroad. - Compliance with NZ privacy laws when engaging overseas service providers is mandated. 5. **Class Actions:** - Class actions in the Human Rights Review Tribunal permitted by individuals other than the Director of Human Rights Proceedings. 6. **New Criminal Offences:** - Offenses for misleading agencies and destroying requested documents. - Penalty: Fine up to $10,000. 7. **Privacy Commissioner’s Power:** - Strengthened information gathering power. - Shortened investigation timeframes; non-compliance penalty increased to $10,000.

Answer 79

The Act contains information privacy principles to guide agencies about the: * purpose for which personal information may be collected (principle 1) * permitted sources from which personal information may be collected (principle 2) * obligations of agencies when they collect personal information directly from the individual concerned (principle 3) * manner of collection of personal information (principle 4) * storage and security of personal information (principle 5) * access to personal information (principle 6) * correction of personal information (principle 7) * checks on the accuracy of personal information (principle 8) * retention of personal information (principle 9) * limits on the use of personal information (principle 10) * limits on the disclosure of personal information (principle 11), and * use of unique identifiers (principle 12). Several principles contain specific exceptions. It is important to read the principles alongside their exceptions to know how they apply in particular circumstances.

Answer 80

the collection, use, or disclosure of personal information authorised by the Privacy Commissioner (under section 54) ▪ personal information collected or held by an individual for their own personal, family, or household affairs (section 56), and ▪ information collected, obtained, held, used, or disclosed by, or disclosed to, an intelligence organisation (section 57). The Privacy Act does not apply to: courts and tribunals when they are doing their judicial tasks news media when they are gathering and reporting news Members of Parliament (MPs) when they’re acting in an official capacity.

Answer 81

The Privacy Act 2020 gives the Privacy Commissioner the power to issue codes of practice that become part of the law. These codes modify the operation of the Privacy Act and set rules for specific industries, organisations, or types of personal information. There are currently six codes of practice: Civil Defence National Emergencies (Information Sharing) Code 2020 Credit Reporting Privacy Code 2020 Health Information Privacy Code 2020 Justice Sector Unique Identifier Code 2020 Superannuation Schemes Unique Identifier Code 2020 Telecommunications Information Privacy Code 2020

Answer 82

The key responsibilities of the Privacy Commissioner include: ▪ investigating complaints ▪ monitoring proposed legislation ▪ considering and commenting on government policy ▪ making statements on privacy issues ▪ issuing codes of practice ▪ reviewing authorised data matching programmes, and ▪ promoting understanding of the information privacy principles. The Privacy Commissioner offers a free dispute resolution service (conciliation and mediation) for the settlement of privacy complaints

Answer 83

This policy lays out the procedures and rules that shall apply to obtaining, retaining and making available that information.

Answer 84

The Official Information Act 1982 is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. NZRAB must comply with its requirements

Answer 85

* Registered Architects Act 2005 (the Act) * Registered Architects Rules 2006 (the Rules) * Official Information Act 1982 * Privacy Act 1993

Answer 86

* keep all personal information confidential, except where the law requires otherwise * does not divulge, sell, rent or lease personal information to any other party * has security measures in place to prevent unauthorised access or distribution * uses personal information only for the purposes for which the information was gathered * respects the privacy principles in the Privacy Act.

Answer 87

- The Act requires the NZRAB make public specific information about Registered Architects (Architects Register) - NZRAB must have rules in regard to the informtion that applicants for inital and continuing registration must provide about themselves - Specifies required conduct from Board memeber who have access to this information - The Act requires NZRAB to comply with these requirements

Answer 88

* Specifies the information that initial rego applicants must produce * Information that architects must provide they have met continuing registration * Additional material required in the register * How long registration information must be retained. * NZRAB shall comply with these requirements

Answer 89

- When collecting or retaining information the NZRAB shall comply with the privacy principles stated in the Privacy Act - Each architect or other person is entitled to request and be provided with any information that the NZRAB holds about them expect as indicated in the Act (trade secrets, security section 51, 52, 53) - The Act specifies the information that must be on the Register about each architect (public information) - The Board shall make public the names of all architects, NOT failed applicants. Suspended achitects will be made public. - Disciplinary Hearings, meetings of Investigating Committees and Panel and Board meetings are NOT open to the public unless a decision is made otherwise. - Disciplinary Hearings, Investigating Committees, Panel, and Board meetings are not open to the public unless a decision is made otherwise. - The NZRAB shall only provide the public with information about individual architects that is already available on the online New Zealand Architects Register - No person shall access information about an individual architect or registration applicant except for a proper purpose

Answer 90

**Architects' Files:** NZRAB maintains electronic files for architects with key documents on registration and discipline. **Electronic Record Management:** NZRAB generally keeps records electronically, securing and backing up electronic data, including CPD administrator information, unless sound reasons dictate otherwise. **Security of Hard Copy Data:** Hard copy information and documents in the process of destruction are securely stored. **Complaint Record Retention:** Complaint records are kept for at least five years post-conclusion. **Financial Document Retention:** Financial source documents, accounting, and payroll records are kept for a minimum of seven years. **Assessors' Notes Destruction:** Assessors' working notes on initial or continuing registration applicants are destroyed post-report submission to the Secretariat. **Destruction of Investigating Committee/Panel and Disciplinary Hearing Notes:** Investigating Committee/Panel members' notes are destroyed after finalizing reports or decisions on complaints and penalties. **Secure Handling of External Documents:** Board, committee, and working party members secure NZRAB documents held outside the offices.

Answer 91

The CE (Cheif Executive) shall be the NZRAB’s Privacy Officer and shall be responsible for the implementation of this policy.

Answer 92

If a member of the public believes the NZRAB breached their privacy, they can complain to the NZRAB's Privacy Officer, and the complaint will be investigated according to the organization's policy.

Answer 93

Employers should set internet and email policies, ensure staff awareness, and clarify the extent of monitoring and its results access (who it goes to)

Answer 94

A disclaimer states that the document author isn't responsible for any issues if someone else uses it, providing legal protection. It can be found in emails or on websites, but its legal weight is not absolute.

Answer 95

Confidentiality. Client privilege. Copyright. Protection against claims for the inadvertent transmission of viruses. Protection against staff providing unauthorised advice. Disclosure of privacy information.

Answer 96

The purpose of the Act was to reform the law relating to the registration of architects and to protect the title of registered architect.

Answer 97

Under Section 7 of the Act, in New Zealand no one except a New Zealand registered architect can: use the title "registered architect"; or describe him or herself as an "architect" when providing building design services. Other persons may design buildings, but they may not call themselves “registered architects” or “architects”.

Answer 98

minimum standards for initial registration and continuing registration a code of ethics for architects a complaints and discipline process to apply to architects.

Answer 99

The RAR 2006

Answer 100

* registers people as architects when they have been assessed as meeting the minimum standards * maintains an online register, so the public can confirm whether a person is a registered architect * reviews the competence of architects every five years and decides whether to continue their registration * investigates complaints about the conduct of architects, and if there are grounds, makes disciplinary orders registering, monitoring and disciplining architects

Answer 101

Te Kāhui Whaihanga New Zealand Institute of Architects (NZIA)

Answer 102

Minister for Building and Construction. They nominate Up to four Board members to the NZIA

Answer 103

Liable on conviction to a fine not exceeding $10,000.

Answer 104

The NZRABs role is to protect the public, which in turn protects the reputation of the architectural profession. NZRAB protects the public through registering, monitoring and disciplining architects.

Answer 105

The project's purpose is to facilitate the mobility of architects providing architectural services throughout the APEC (Asian-Pacific Economic region) region.

Answer 106

Registered Architects Rules 2006 govern how the profession is regulated, including minimum standards of competence and of ethical conduct.

Answer 107

The Registered Architects Act 2005 (the Act) is the legislation that defines our responsibilities and powers and the Registered Architects Rules 2006 govern how the profession is regulated, including minimum standards of competence and of ethical conduct.

Answer 108

* Architectural Service Concerns * Complaints * Board initiated inquiries * Competence reviews This includes: * Receiving and investigating complaints about registered architects * Inquiring into the conduct of registered architects, and * Where necessary, disciplining registered architects.

Answer 109

When going through the four processes to protect the public, NZRAB appoint experienced registered architects to an Architectural Services Advisory Panel (ASAP) and draw from this panel when initiating a concerns process, or establishing an Investigating Panel.

Answer 110

These are the registrations assesors

Answer 111

- Ensure project files are organized for clarity. - Strategize response to the complaint, seeking advice if needed. - Create a timeline of relevant events. - Attach supporting documents. - Consider peer review or legal advice for your response. - Inform your insurer

Answer 112

The RAR is secondary legislation, containing the details for how the NZRAB's functions work in practice. The Rules also specify a code of ethics that architects must comply with. Registered Architects Rules 2006 govern how the profession is regulated, including minimum standards of competence and of ethical conduct. The main sections are/(rules on): Part 1: Title of Registered Architect Part 2: Registration of Registered Architect Part 3: Code of minimum standards of ethical conduct for registered architects Part 4: Disciplining of registered architects Part 5: Persons carrying out delegated functions and powers under rules (assessors and evaluators etc) Part 6: Rule-making procedure Part 7: Transitional and savings provisions [Revoked]

Answer 113

Secondary legislation is law that is made by someone other than Parliament. It is made under a power that Parliament has formally delegated in a particular Act

Answer 114

These rules amend the Registered Architects Rules 2006 (the principal rules). These are incorperated into the act as amendments

Answer 115

Pursuant to section 67 of the Registered Architects Act 2005

Answer 116

NZRAB made the rules

Answer 117

Continuing Professional Development

Answer 118

Achieving the CPD points target serves as evidence that an architect has taken "reasonable steps to stay current."

Answer 119

Every 5 years. This is required under law under the RAA 2005 and the RAR 2006

Answer 120

(a) he or she is able to practise competently in his or her practice area to the standard of a registered architect; and (b) he or she has taken reasonable steps to maintain the currency of his or her architectural knowledge and skills since the last assessment. demonstrate that he or she has taken reasonable steps to maintain the currency of his or her architectural knowledge and skills since the last assessment" i.e CPD. Rule 21of RAR

Answer 121

1,000 CPD points, including 100 points in each of the following five Units of Competency from the (Australian) National Standard of Competency for Architects (NSCA): Design, Documentation, Project Management, Practice Management, and core aspects of the practice of architecture.

Answer 122

Design Documentation Project Management Practice Management Core aspects of the practice of architecture. Core CPD topics cover knowledge, skills and attitudes concerning: ethics and professional conduct; legislative changes effecting the built environment and commercial practice (inclusive of referenced documents); fundamental professional issues concerning all architects, including such areas as insurance, sustainability and other relevant topics as identified from time to time; one-off topics.

Answer 123

If an evaluation panel has concerns about an Architects comepetaency (ie not enough CPD points and not enough further information) a competence review interview may occur.

Answer 124

Architects are expected to undertake CPD activities relevant to their career stage, roles, and the architectural services they provide. The architect has the autonomy to determine which CPD activities satisfy these expectations, without predetermined weightings for specialization or relevance.

Answer 125

1. Scheduled CPD Activity 2. Special CPD Activity 3. Teaching CPD Activity 4. Individual CPD You can find Schedule A on the CPD Points Allocation Policy on the NZRAB website. It gives a a table of what activities count for the four categories above and how many points they are worth

Answer 126

The main legislative document in NZ that sets out how our environment should be managed in a sustainable way, especially the management of our activities that affect it.

Answer 127

In the most part, the RMA is enforced by local government, but as it is a national document, it allows central government to remain involved.

Answer 128

Section 5 of the RMA defines its purpose as being to promote the sustainable management of natural and physical resources.

Answer 129

Section 6 outlines the matters of national importance that it stands to protect, being: * the coastal environment; * outstanding natural features and landscape; * indigenous flora and fauna; * public access to coastal marine areas; * Maori ancestral lands and customary practice; * Historic heritage.

Answer 130

Section 8 states that under the RMA, the principles of the Treaty of Waitangi must be taken into account.

Answer 131

A district plan is a local government document outlining strategies and rules for managing natural and physical resources, including land development. The district plan details rules for activities under the RMA, helping determine if a proposal is permitted or requires a Resource Consent based on zone-specific development controls. This is under the Unitary Plan in Auckland

Answer 132

District plan rules address issues such as noise, building location, and height (to do with land development). Regional plan rules address matters like jetty construction and the discharge of factory wastewater into waterways (coast, soil, river, or air). This is different in Auckland as the Unitary Plan combines these together

Answer 133

Resource Consent grants permission for a project, provided it complies with specified conditions.

Answer 134

permitted; controlled; restricted discretionary; discretionary; non-complying; and prohibited. If an activity is deemed "permitted," then a Resource Consent is not needed. The other categories determine whether a consent is required and whether or not consent will be granted.

Answer 135

land use consent; subdivision consent; water permit; discharge permit; coastal permit.

Answer 136

If the council deems the adverse effects of your resource consent significant, public notification may be required. This involves publishing a notice in newspapers and on the website's resource consent public notice section for specific regions. Any individual can submit support or opposition within 20 working days.

Answer 137

If your proposal will have an adverse effect on people to an extent where a (council) planner would deem them 'affected parties', we must notify those people unless: * You have already obtained written approval from the affected parties, or * Unitary Plan regulations prevent us from doing so. Affected people can submit support or opposition within 20 working days.

Answer 138

Assessment of Environmental Effects (AEE) Report

Answer 139

Assessment of Environmental Effects (AEE) Report It is an important document that outlines how the proposal will endeavor to 'remedy,' ‘avoid’ or 'mitigate' (RAM) any adverse effects.

Answer 140

At the Developed Design stage - before RC and BC lodgement. This is not only for complex projects but also for those with issues surrounding plumbing and drainage, extensions over 25m sq, coastal sites, etc., as there are items within the RMA that are immediately operative that are yet to be published and made available through the District Plans.

Answer 141

A Resource Consent (RC) hearing is a formal meeting where a committee, (including council representatives and independent commissioners), considers whether to accept RC applications with submissions or if unsupported by Council officers. After hearing presentations, the committee is empowered to make a decision. Decisions can be appealed to the Environment Court.

Answer 142

The Environment Court (EC), operating under the RMA, has the same powers as a District Court. It hears appeals on local council decisions from Resource Consent (RC) hearings. While it considers the council decision, it is not bound by it.

Answer 143

Under the RMA, Heritage NZ is tasked with identifying, registering, and protecting historic places and areas while advocating for their conservation.

Answer 144

Heritage Nz, previously known as NZ Historic Places Trust (NZHPT)

Answer 145

Notify the Heritage NZ

Answer 146

Heritage NZ, previously known as NZHPT

Answer 147

The purpose of the urban design panel is to provide professional, independent advice regarding Auckland City developments. Their role is advisory, and they don't have statutory powers. However, their reports are included in planning reports in the Resource Consent (RC) process.

Answer 148

Anyone can – not only Architects’ or LBP’s.

Answer 149

Similar to an RFI - Section 92 (s92) of the RMA allows Councils to request further information from an applicant before making the decision to refuse or grant consent.

Answer 150

15 working days

Answer 151

"Planning Permission" - It means that no work can proceed under the matter is either resolved and a resource consent is no longer needed, or a resource consent is granted.

Answer 152

Notified: Publicly notified in the local newspaper and to all affected parties. Non-notified: Written approval from all affected parties is obtained to support the Resource Consent (RC) application, and the proposed activity is deemed not to have any adverse environmental effects. (20 working days)

Answer 153

Limited notified applications usually take around four and a half months to process, while publicly notified applications take approximately six months.

Answer 154

An Assessment of Environmental Effects (AEE) Report is included, outlining how the proposal will endeavor to 'avoid,' 'remedy,' or 'mitigate' any adverse effects caused by the proposal. Mitigation involves providing a positive solution to any 'adverse effects'.

Answer 155

Your AEE should cover all the matters set out in Schedule 4 of the Resource Management Act 1991 and relevant matters specified in the operative Auckland Council District Plan, any relevant operative Regional plan(s) and the PAUP. *Provide concise project, site, and surroundings overview. * Confirm application purpose and rule compliance. * Align proposal with Unitary Plan's zone vision, objectives, and policies. * Describe potential environmental effects. * Explain social impact on individuals or communities. * Propose conditions to mitigate adverse effects. * Include required specialist reports. * Consultation with Affected Parties (written approval if needed) * Who will do monitoring if required

Answer 156

* traffic and parking * heritage or streetscape character * overshadowing of properties * reduction in privacy * noise and vibration * flooding * stability of land * infrastructure (capacity) * people and community. *

Answer 157

They are only operative in relation to the parts of the Unitary Plan that are under appeal (being reviewed).

Answer 158

The Natural and Built Environment Act 2023 (NBEA), now repealed, was one of the three laws which will replace New Zealand's Resource Management Act 1991 (RMA). The NBEA aimed to promote the protection and enhancement of the natural and built environment, while providing for housing and preparing for the effects of climate change.

Answer 159

The NBEA established the National Planning Framework (NPF) to provide directions on integrated environmental management, resolve conflicts on environmental matters, and to set environmental limits and strategic directions. This framework will take the form of regulations, which will be considered secondary legislation

Answer 160

The Spatial Planning Act (SPA) (now repealed) requires each region to develop a regional spatial strategy that sets out the long-term issues, opportunities and challenges for development and the environment in the region. It works alongside the Natural and Built Environment Act, the main replacement for the Resource Management Act 1991.

Answer 161

This Act is intended to address the complex and distinctive issues associated with managed retreat such as funding, compensation, land acquisition, liability and insurance. (adapting to the changes)

Answer 162

If granted consent, the consent will most likely be subject to conditions. This may include specific timelines for activities, notifying the council of steps taken, or obtaining council sign-off.

Answer 163

* routine inspections by our monitoring inspectors * the consent holder carrying out their own monitoring as a condition of their resource consent * inspections by consultants appointed by the council.

Answer 164

2 * land development * completion of works (when checking will occur to make sure new sections are fully serviced with water and sewer connections etc).

Answer 165

A land use, discharge or other type of consent may require longer-term monitoring, such as sampling or the implementation of technical procedures by skilled professionals to avoid, lessen or remedy any environmental effects.

Answer 166

* an **abatement notice** – which is an official *warning* that the RMA is being contravened * an **enforcement order** – a court-backed order demanding compliance * an **infringement notice** – which is an instant fine. Breaches of the conditions of a resource consent can result in prosecution and a fine imposed by the courts.

Answer 167

Engineering Plan Approval Apart from a resource and building consent, some development projects need engineering approvals, particularly if they involve installing an infrastructure asset like: public stormwater and wastewater drainage. public water supply. roads, shared driveways and common accessways.

Answer 168

The Environmental Protection Authority (EPA) manages the decision-making process for proposals of national significance under the Resource Management Act 1991. These proposals might involve certain resource consent applications or requests for a district plan to be changed, among other matters.

Answer 169

6 Auckland Council, Chatham Islands Council, Gisborne District Council, Marlborough District Council, Nelson City Council and Tasman District Council.

Answer 170

The Ministry of Environment gives advice to the government on environmental issues and helps the Minister for the Environment keep an eye on the way councils do their jobs under the RMA.

Answer 171

The Department of Conservation and the Minister of Conservation have a particular role under the RMA to keep an eye on the way the coastal environment is managed.

Answer 172

The Parliamentary Commissioner for the Environment is an office that has an overview of the way the environment is managed in New Zealand. The Commissioner investigates emerging environmental issues and may also examine concerns raised by the public. The Commissioner usually makes recommendations to the appropriate agency on how to improve its performance.

Answer 173

National Environmental Standards (NES) are nationally consistent regulations made under the Resource Management Act 1991. They set out planning requirements and technical standards on a variety of specified activities that affect the environment. National Environmental Standards (often referred to as NESs) provide the opportunity for central government to promote the adoption of consistent standards at the regional and district levels.

Answer 174

It can issue national policy statements or set national environmental standards.

Answer 175

Everybody can make a submission on what is (or isn’t and should be) in a policy statement, a proposed plan or a plan change put out by a council. In some cases you also get the opportunity to comment on other people’s submissions by making a further submission.

Answer 176

If the neightbour doesnt give approval, the council regards them as a person who would be adversely affected, then the resource consent application would be limited notified. The neighbour would then be able to write a submission to the council so the council took her view into consideration when making a decision on the application. The council will consider all the submissions it receives, together with the application, and decide whether or not to grant the resource consent.

Answer 177

You can ask the Environment Court to overturn the council’s decision. You should get legal advice before you file an appeal because the court process can be expensive and time-consuming for everybody. However, you might be able to sort out your case in mediation, so you wouldn’t have to go to Court.

Answer 178

Applicant of the RC Only people who made a submission on the plan or resource consent application can appeal a council decision However even if you don’t file an appeal, and someone else does, you could get involved by joining the appeal and appearing in Court: * as someone who made a submission, or * as someone who has an interest greater than the public generally.

Answer 179

A certificate of compliance (also known as a CoC) shows that a project is a permitted activity in a particular area and doesn't need a resource consent. It is not mandatory to have a CoC and requirements for one are rigorous, however once issued it is a legal document declaring an activity is being carried out lawfully. Having a CoC can be useful when applying for development finance.

Answer 180

- Detailed activity description tailored to rule compliance. - Site details provided. - Clear explanation of how the activity complies with relevant plan provisions, in table format. - Inclusion of necessary plans and calculations, especially for new buildings. - Submission of the Record of Title for application sites. - Completion of the resource consent application declaration form, unless a credit account customer.

Answer 181

A certificate that allows the continuation of an existing use of land even after a proposed/new plan makes those uses of the land unlawful. Existing use certificate is useful when an existing activity doesn’t meet a current district or regional plan rule, but was lawfully established before the rule came into force. Existing use rights under section 10 do not apply to work on a building that fails to comply with any rule in a plan or proposed plan, where that work does not improve current compliance.

Answer 182

A National Environmental Standard (NES) automatically applies to councils. They must put it into practice when making resource consent decisions and through their plans, and then enforce it.

Answer 183

A national policy statement (NPS) has two main impacts: 1. Councils must amend their regional policy statements and regional and district plans to give effect to the NPS. 2. Decision-makers must consider the NPS as part of their decision-making process.

Answer 184

A water conservation order (WCO) recognises the outstanding amenity or intrinsic values that a specific water body provides, in either a natural or modified state.

Answer 185

No. Once you’ve sent your application to the council, it becomes public information.

Answer 186

* Understnad early any concerns that coucil may have * Gaining local knowledge * Incorporating tangata whenua values and interests * Enhanced proposals and improved environmental outcomes * Making the consent process easier * Build relationships

Answer 187

Benefit by understanding the Maori world view Unique to New Zealand and our national identity Helping council assess RMA obligations (Treaty) Identify and address issues of interest to ta-ngata whenua groups before they are raised as a concern with the council.

Answer 188

The term ‘interested persons or parties’ refers to a broader group than ‘affected persons’, and includes everyone who has an interest in an application, geographic area or issue. ‘Affected persons’, on the other hand, are people who the council decides will experience an adverse effect from your proposal that is “minor” or “more than minor” (neighbours)

Answer 189

discharges to water bodies areas of interest affect natural resources such as greenstone (pounamu), flax, or freshwater species like inanga. Tangata whenua may also have concerns that extend beyond the purely physical and into spiritual, ancestral or historical realms (food-gathering areas, or the location of burial grounds, or major battlefields.)

Answer 190

Ask the council for guidance

Answer 191

ahi kaa (continuous occupation) mana whenua (customary authority) kaitiakitanga (guardianship).

Answer 192

* kaitiaki – generally a person or group with responsibility, concern or guardianship for a particular area or water body such as a river. Kaitiaki are likely to be mandated by a hapu, whanau, iwi, ahi kaa or mana whenua * iwi – a tribe, often represented by a trust, ru-nanga or iwi authority * hapu- – a sub-tribe or group of wha-nau (extended family groups) * other groups – including individual marae, Ma-ori land trustees, orspecial committees established through a council.

Answer 193

- Coordinate with the council to identify relevant parties for consultation. - Develop consultation materials, including a written proposal description, plans, environmental impact assessment, and proposed mitigation measures. - Reach out to involved parties via letters, offering follow-up discussions. - Confirm receipt and arrange further communication via telephone, ideally in person, to address concerns. - Conduct on-site meetings to explain the proposal. - Organize additional information and meetings as needed.

Answer 194

* Multiple tangata whenua groups may exist for an area. * Recognize their special relationship with the environment under the RMA. * Tangata whenua operate on different time frames, requiring consensus and monthly meetings. * Prefer personal, face-to-face contact; letters may not be effective. * Be mindful of marae meeting protocols, including koha. * Information may be held by specific families for cultural reasons. * Use iwi management plans for insights and consultation focus. * Consider obtaining a 'cultural impact assessment' report. * Expect ta-ngata whenua groups to seek reimbursement for consultation costs.

Answer 195

Plan Change 78 (and 78-82) - Intensification Planning Instrument Immediate legal affect in some developments

Answer 196

The purpose of this Intensification plannning intriment is to respond to two recent RMA changes made by central government under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 the ‘National Policy Standard for Urban Development 2020’ (NPS-UD); and the ‘Medium Density Residential Standards’ (MDRS).

Answer 197

- Introduces "walkable catchments" for intensification around town centers with public transport stations. - All residential sites in “walkable catchments” will be zoned for Terraced Housing and Apartment Building (THAB), offering the highest density under the Unitary Plan. - Up-zoning of all urban areas, making the Mixed Housing Urban zone the most common for three-storey development. - Adds a new zone: Low Density Residential Zone, preserving low-density built environments where intensive development isn't suitable. - Introduces new rules and standards for Terraced Housing and Apartment Building (THAB) and Mixed Housing Urban zones, with minor changes to lower-density zones. - Introduction of ‘qualifying matters’ to be considered for each site. These are special features or development constraints that limit the impact of PC78 on specific sites, and include designations, natural hazards and some existing overlays in the unitary plan. The Single House Zone and Mixed Housing Suburban Zone, catering to low-density residential areas, will now be restricted to rural areas and townships with a population of less than 5,000. This is a big change given these zones currently account for the majority of sites across urban areas!

Answer 198

A designation is a provision in a district plan for a public work or project. Only a 'requiring authority' can give notice of a requirement for a designation. The following persons and organisations are 'requiring authorities': * Any Minister of the Crown * A local authority * A network utility operator which has been approved as a requiring authority This means you dont need a RC

Answer 199

The **Auckland Light Rail corridor** area on the planning maps is presently exempt from PC78, as the specific route and stops for light rail are yet to be confirmed, preventing determination of future zoning.

Answer 200

qualifying matters are *characteristics or features* of some properties or within some areas where it is appropriate to modify or reduce building height or density sought by the MDRS changes. This includes sites of cultural, historical, or ecological significance, as well as areas affected by natural hazards or infrastructure constraints. if a site is subject to a qualifying matter the new medium density residential standards do not have immediate legal effect and we are advised the Standards would not have legal effect until around 2025 (after an extension due to Auckland Floods)

Answer 201

* Three or less dwellings (or alterations and additions), * The site is zoned Residential – Mixed Housing Urban Zone or Residential – Terrace Housing and Apartment Buildings Zone, * The proposal is not within the Auckland Light Rail corridor, * Proposed Plan Change 78 says the proposal is a permitted activity, * Proposed Plan Change 78 incorporates the MDRS into the relevant residential zone, * The proposal complies with MDRS, * There are no qualifying matters applying to the development site (and the site is not a new residential zone).

Answer 202

“Cancel Labour’s Auckland Light Rail project”. “Give councils flexibility over Medium density Residential Standards (MDRS) standards”. Becuase of this October 2023 Auckland Council requested that hearings are not scheduled for the Auckland Light Rail Corridor (ALRC) or natural hazards and also sought a future reporting back date of 9 February 2024. This has been declined by the Independent Hearing Panel

Answer 203

The FTA does not generally apply to private sales. The difference between the FTA and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services before they're bought and the CGA covers the quality of those products and services after they have been bought.

Answer 204

Repealed so DW. The Sale of Goods Act (the Act) is legislation that governs how goods and services are bought and sold. It covers everything from contract formation to the performance of the contract.

Answer 205

The FTA does not generally apply to private sales. The difference between the FTA and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services before they're bought and the CGA covers the quality of those products and services after they have been bought.

Answer 206

Medium density residential standards Was required by the RMA Amendment Act 2022 (New Housing Supply Standards). Central government’s new density rules, the Medium Density Residential Standards (MDRS), also include allowing greater building height in relation to boundary and increasing building coverage on sites, enabling (but not requiring) more homes to be built.

Answer 207

- **Permitted Activities:** - Activities allowed without resource consent if they comply with relevant Unitary Plan rules. - Certificates of Compliance confirm full compliance with the Plan for permitted activities. - **Controlled Activities:** - Require resource consent but must be granted. - Consent conditions manage adverse effects, reserved only for controlled matters. - **Restricted Discretionary Activities:** - Require consent; council may approve or decline. - Council's discretion is limited to specified matters outlined in the Unitary Plan or National Environmental Standards (at the councils discretion) - **Discretionary Activities:** - Require consent; council assesses based on all relevant objectives, policies, and environmental effects. - **Non-complying Activities:** - Require consent; extra tests apply under the RMA. - Proposal must meet tests of minor adverse effects or not contradict Unitary Plan objectives. - Council may approve or decline based on these tests. - **Prohibited Activities:** - Explicitly barred in the Unitary Plan. - Applications and resource consent for prohibited activities are not allowed.

Answer 208

National Built Environment Act 2023 (NBEA), Spatial Planning Act (SPA), Climate Adaptation Act 2023 (CAA)

Answer 209

Special character areas Notable trees Ridge line protection overlays Viewshafts These are are visible on Auckland maps

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