Module 1 Pop Questions

Question 1

_______ is defined in s 2 of the RMA as including “land, water, air, soil, minerals and energy, all forms of plants and animals (wether native to nz or introduced) and all structures”

Select one:

a. Environment
b. Resources
c. Natural resources
d. Natural and physical resources
e. Ecosystems

Answer 1

d. Natural and physical resources

Question 2

The landward boundary of the coastal marine area is defined in s 2 of the RMA as

Select one:

a. The line of mean low water springs except where the line crosses a river where the land boundary is the lesser of 1km upstream from the mouth of the river or the point upstream that is calculated by multiplying the river mouth by 5

b. The line of mean high water springs except where the line crosses a river where the landward boundary is the greater of 1km upstream from the mouth of the river or the point upstream that is calculated by multiplying the river mouth by 5

c. The line of mean high water springs except where the line crosses a river, where the land ward boundary is 1km upstream from the mouth of the river

d. The line of mean high water springs except where the line crosses a river where the the landward boundary is the lesser of 1km upstream from the mouth of the river or the point upstream that is calculated by multiplying the width of the river mouth by 5

Answer 2

d. The line of mean high water springs except where the line crosses a river where the the landward boundary is the lesser of 1km upstream from the mouth of the river or the point upstream that is calculated by multiplying the width of the river mouth by 5

Question 3

“Local authority” includes (hint more than one answer may be correct) :

Select one or more:

a. Unitary authorities
b. Regional councils
c. City councils
d. The Minister of Conservation
e. The Minister for the Environment
f. Iwi authorities
g. District councils

Answer 3

a. Unitary authorities
b Regional councils
c. City councils
g. District councils

Question 4

Match the authority with its correct definition under the Act.

Heritage protection authority?
Network utility operator?
Requiring authority?

Answer 4

Heritage protection authority =Includes a minister of the crown, a local authority, the Heritage New Zealand Pouhere Taonga and a body approved as a heritage protection authority under s188.

Network utility operator = A person who operates a network for certain purposes or who operates a pipeline for certain purposes.

Requiring authority = Includes a minister of the crown, a local authority and a utility network operator approved as a requiring authority under s167

Question 5

Match the word with the correct statement?

An esplanade reserve?
An esplanade strip?
A marginal strip?

Answer 5

An esplanade reserve = is vested in the territorial authority, regional council or the Crown for the purpose(s) set out in s229

An esplanade strip = is created by the registration of an instrument in accordance with s232 for the purpose(s) set out in s229

A marginal strip = is not created under the Resource Management Act 1991

Question 6

According to the ‘overall judgement’ approach to the interpretation of s 5 (hint-more than one answer maybe correct):

Select one or more:
a) only one of the two main parts of s 5 must be considered by decision-makers.
b) Both of the two main parts of s 5 must be considered by decision-makers
c) Decision-makers must compare any conflicting considerations in their scale and degree, and their relevant significance or proportion in the final outcome
d) Where one or more aspects ss 5(2)(a), (b) or (c) are not met, decision-makers must conclude that sustainable management will not be promoted by the proposal

Answer 6

b) Both of the two main parts of s 5 must be considered by decision-makers

c) Decision-makers must compare any conflicting considerations in their scale and degree, and their relevant significance or proportion in the final outcome

Question 7

_____ is defined in s 2 of the RMA, in relation to ecosystems, as “those aspects of ecosystems which have value in their own right, including- (a) their biological and genetic diversity, and (b) the essential characteristics that determine an ecosystem’s integrity, form, functioning, and resilience”. (Hint fill in the gap)

Select one:
a. “Natural and physical resources”
b. “Environment”
c. “Ecological values”
d. “Intrinsic values”
e. “Integrated management”

Answer 7

(d) “Intrinsic values”

Question 8

_______is defined in s2 of the RMA, in relation to ecosystems, as “those aspects of ecosystems which have value in their own right, including- (a) their biological and genetic diversity; and (b) the essential characteristics that determine an ecosystem’s integrity, form, functioning, and resilience”. (hint- fill in the gap)

Question 9

Under s2 of the RMA land always includes the bed of a lake or river. True or False?

Answer 9

refer to para (b) of definition of “land”

The correct answer is “False”

Question 10

A “consent authority” may include (hint- more than one may be correct):
Select one or more:
~ a. A city council
b. The Minister for the Environment
c. A district council
d. The Minister of Conservation
e. A unitary authority
f. A iwi authority
g. A regional council
h. The Parliamentary Commissioner for the Environment

Answer 10

The correct answers are: A city council, A district council, A regional council, A unitary authority

Question 11

King Salmon does not prevent consideration of Part 2 in relation to applications for resource consent where it is appropriate to do so. True or false?

Answer 11

correct answer is ‘True’

Question 12

The RMA binds the Crown but has limited exemptions for land held or managed under the Conservation Act 1987. True or False?

Answer 12

The correct answer is: True

Question 13

Section 6 directs decision-makers to give effect to the listed matters of national importance.
True or False?

Answer 13

The correct answer is: False

Question 14

A “territorial authority” may be (hint- more than one answer may be correct):
Select one or more:
a. A city council
b. A district council
c. A unitary authority
d. A regional council e.
The Minister of Conservation
f.
The Minister for the Environment

Answer 14

The correct answers are: A city council, A district council

Question 15

Following the Supreme Court decision in King Salmon, the overall judgment approach continues to apply to a requirement for a designation. True or false?

Answer 15

This was decided by the High Court in New Zealand Transport Agency v Architectural Centre Inc [2015] NZRMA 375 on the basis of the specific wording of s 171 RMA
The correct answer is ‘True’.

Question 16

“Use” as defined in s 2 of the RMA refers to the use of which of the following two matters-

Select one or more:
a. use of land
b. use of the coastal marine area
c. taking and use of water
d. passing across the surface of water in a lake

Answer 16

The correct answers are: use of land, passing across the surface of water in a lake

Question 17

A “regional council” includes:

Select one or more:
a. City councils
b. Regional councils
c. Unitary authorities
d. Iwi authorities
e. The Minister for the Environment
f. The minister of Conservation

Answer 17

The correct answers are: Regional councils, Unitary authorities

Question 18

What are the definitions of each organisation?

a. Territorial authority
b. Regional council
c. Unitary authority
d. Iwi authority
e. Consent authority
f. Local authority

Answer 18

The correct answer is: Territorial authority -> A city or district council named in Part 2 of Schedule 2 of the Local Government Act 2002, Regional council -> A regional council named in Part 1 of Schedule 2 of the Local Government Act 2002, Unitary authority -» A territorial authority which has the functions of a regional council, Iwi authority -> The authority which represents an iwi and which is recognised by that iwi as having authority to do so, Consent authority -› A regional council, a territorial authority or a unitary authority, whose permission is required to carry out an activity for which a resource consent is required, Local authority -* A regional council or a territorial authority

Question 19

“Land “ as defined in section 2 of the RMA does not include seabed in the coastal marine area.
True or False?

Select one:

a. True
b. False

Answer 19

The correct answer is False

Question 20

Most recently, section 5 has been interpreted by the courts as imposing an environmental bottom line when making a decision rather than requiring an overall judgement.
True or False?

Select one-
a. True
b. False

Answer 20

The correct answer is: False

Question 21

The RMA does not apply to any work or activity of the Crown which is

Select one:
a. Certified by the Minister of Defence as necessary for reasons of national security and it is a district land use
b. Certified by the Minister of Defence as necessary for reasons of national security and it is a use of land to which section 9 applies
c. Certified by the Minister of Conservation as a use of land under the Conservation Act 1987
d. Certified by the Minister of Corrections as a court cell block which is part of a corrections establishment

Answer 21

The correct answer is: Certified by the Minister of Defence as necessary for reasons of national security and it is a use of land to which section 9 applies

Question 22

Match the authority with its correct definition under the Act.

•Heritage Protection authority?
•Network Utility Operator?
•Requiring authority?

a. A person who operates a network for certain purposes or who operates a pipeline for certain purposes.

b. Includes a Minister of the Crown, a local authority and a network utility operator approved as a requiring authority under s167

c. Includes a Minister of the Crown, a local authority, the Heritage New Zealand Pouhere Tonga and a body approved as a heritage protection authority under s188.

Answer 22

The correct answer is: Heritage protection authority = Includes a Minister of the Crown, a local authority, the Heritage New Zealand Pouhere Tonga and a body approved as a heritage protection authority under s188.
Network utility operator = A person who operates a network for certain purposes or who operates a pipeline for certain purposes.
Requiring authority = Includes a Minister of the Crown, a local authority and a network utility operator approved as a requiring authority under s167

Question 23

Match the government body with the legislation under which it was established?

•Department of Conservation (DoC)?
•District Council?
•Environmental Protection Authority (EPA)?
•Ministry for the Environment (MfE)?
•Environment Court?

Resource Management Act 1991, Environment Act 1986, Conservation Act 1987, Local Government Act 1974 (now the Local Government Act 2002), Environmental Protection Authority Act 2011.

Answer 23

The correct answer is: Department of Conservation (DoC) -> Conservation Act 1987, District Council -> Local Government Act 1974 (now the Local Government Act 2002), Environmental Protection Authority (EPA) -
Environmental Protection Authority Act 2011, Ministry for the Environment (MfE) - Environment Act 1986, Environment Court -> Resource Management Act 1991

Question 24

In NZ Rail v Marlborough District Council [1994] NZRMA 70, Justice Greig of the High Court held that Part 2 of the RMA:

Select one:

a. Should be interpreted according to strict rules and principles of statutory construction
b. Expresses the overall purpose and principles of the Act in precise language from which a unique meaning can be extracted
c. Uses ordinary words of wide meaning from which can be extracted a precise and unique meaning
d. Is not a part of the Act which should be subject to strict rules and principles of statutory construction

Answer 24

The correct answer is: Is not a part of the Act which should be subject to strict rules and principles of statutory construction

Question 25

The RMA creates the Environmental Protection Authority. True or false?

Answer 25

The correct answer is ‘False’.

Question 26

“Working day” is defined in s2 of the RMA as any day except which two of the following:

Select one or more:

a. A day between the 20th of December in any year and the 10th of January (inclusive) in the following year.
b. Weekends, Good Friday, Easter Monday, ANZAC Day, Labour Day, the Queen’s Birthday and Waitangi Day (and if Waitangi Day or ANZAC Day falls on a weekend, the following Monday). c. All weekends and public holidays.
d. A day between the 15th of December in any year and the 20th of January (inclusive) in the following year.
e. A day between the 24th of December in any year and the 3rd of January (inclusive) in the following year.

Answer 26

The correct answers are: Weekends, Good Friday, Easter Monday, ANZAC Day, Labour Day, the Queen’s Birthday and Waitangi Day (and if Waitangi Day or ANZAC Day falls on a weekend, the following Monday), A day between the 20th of December in any year and the 10th of January (inclusive) in the following year

Question 27

According to the ‘environmental bottom line’ approach to the interpretation of s5:

Select one:

a. The provisions of ss5(2)(a), (b) and (c) may be considered cumulative safeguards to ensure that land resources are managed in such a way, or at such a rate which enables people of the community to provide for their social wellbeing and for their health and safety
• b. The provisions of ss5(2)(a), (b) and (c) must be read together and an overall balancing of relevant factors
must be made by the decision-maker to promote the sustainable management of natural and physical resources.
c. The provisions of ss5(2)(a), (b) and (c) may be considered cumulative safeguards to achieve social, economic and environmental outcomes (‘triple bottom line).

Answer 27

The correct answer is: The provisions of ss5(2)(a), (b) and (c) may be considered cumulative safeguards to ensure that land resources are managed in such a way, or at such a rate which enables people of the community to provide for their social wellbeing and for their health and Safety

Question 28

Section 6 directs decision-makers to give effect to the listed matters of national importance.
True or False?

Answer 28

The correct answer is: False

Question 29

Sections 6-8 contain principles that aid in the interpretation of the Act, and may override the purpose of the Act. True or False?

Answer 29

The correct answer is: False

Question 30

“Land “ as defined in section 2 of the RMA does not include seabed in the coastal marine area
True or False?

Answer 30

The correct answer is: False

Question 31

Match the activity with its correct definition:

•Controlled activity?
•Discretionary activity?
•Non complying activity?
•Permitted activity?
•Prohibited activity?
•Restricted coastal activity?
•Discretionary activity

-The consent authority’s power to decline a resource consent and to impose conditions on it are restricted to matters specified in the plan or proposed plan.
-The consent authority has limited power to decline an application for a resource consent.
-Any discretionary or non complying activity which is stated by the Regional Coastal Plan to be such.
-The consent authority may grant the resource consent with or without conditions or decline the application.
-No application may be made for the activity and a resource consent must not be granted for it.
-A resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan.
-The consent authority may grant the resource consent under section 104D with or without conditions or decline the application.

Answer 31

Sees 77B of the RMA (inserted by the RM Amendment Act 2003) in relation to controlled and restricted discretionary activities.

The correct answer is:
-Controlled activity - The consent authority has limited power to decline an application for a resource consent.,
-Discretionary activity - The consent authority may grant the resource consent with or without conditions or decline the application.,
-Non-complying activity - The consent authority may grant the resource consent under section 104D with or without conditions or decline the application.,
-Permitted activity -› A resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan.,
-Prohibited activity - No application may be made for the activity and a resource consent must not be granted for it,
-Restricted coastal activity -* Any discretionary or non complying activity which is stated by the Regional Coastal Plan to be such.
-Restricted discretionary activity -* The consent authority’s power to decline a resource consent and to impose conditions on it are restricted to matters specified in the plan or proposed plan