Resource Management Act 1991 Flashcards
2021
3a. In achieving the purpose of this Act, Section 6 Resource Management Act 1991 states that all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognize and provide for matters of national importance. List the eight matters of national importance that needs to be considered.
NATURAL CHARACTER OUTSTANDING NATURAL FEATURES AND LANDSCAPES SIGNIFICANT INDIGENOUS VEGETATION AND FAUNA PUBLIC ACCESS MAORI CULTURE AND TRADITIONS HISTORIC HERITAGE PROTECTED CUSTOMARY RIGHTS RISKS FROM NATURAL HAZARDS
(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development: (½ mark)
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development: (½ mark)
(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (½ mark)
(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (½ mark)
(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (½ mark)
(f) the protection of historic heritage from inappropriate subdivision, use and development: (½ mark)
(g) the protection of protected customary rights: (½ mark)
(h) the management of significant risks from natural hazards. (½ mark)
2021
3b. Under Section 11(1)(a) Resource Management Act 1991, no person may subdivide land within the meaning of Section 218 of that Act unless the subdivision meets certain criteria. What are these criteria?
(a) first, expressly allowed by a national environmental standard (½ mark), a rule in a district plan as well as a rule in a proposed district plan (½ mark) for the same district (if there is one), or a resource consent (½ mark); and
(b) second, is shown on one of the following:
(i) a survey plan, as defined in paragraph (a)(i) of the definition of
survey plan in section 2(1), deposited under Part 10 by the
Registrar-General of Land; or (½ mark)
(ii) a survey plan, as defined in paragraph (a)(ii) of the definition
of survey plan in section 2(1), approved as described in section
228 by the Chief Surveyor; or (½ mark)
(iii) a survey plan, as defined in paragraph (b) of the definition of
survey plan in section 2(1), deposited under Part 10 by the
Registrar-General of Land; or
2021
3c. In certain circumstances, as specified in Section 106(1) Resource Management Act 1991, the consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions. What are the two circumstances stated in that subsection that could result in a subdivision consent not being granted?
(a) there is a significant risk from natural hazards; or (1 mark)
(b) sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision. (1 mark)
2021
3d. In Section 218(1) Resource Management Act 1991, the term “subdivision of land” is defined as meaning the division of an allotment in any one of five ways. List four of them.
- APPLICATION FOR SEPARATE RECORD OF TITLE
- DEPOSITION OF PART OF THE ALLOTMENT
- LEASE PART OF THE ALLOTMENT
- COMPANY LEASE OR CROSS LEASE PART OF THE ALLOTMENT
- DEPOSIT OF UNIT PLAN/APPLICATION FOR SEPARATE RECORD OF TITLE FOR PART UNIT
In this Act, the term subdivision of land means—
(a) the division of an allotment—
(i) by an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment; or (1 mark) (ii) by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or (1 mark) (iii) by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or (1 mark) (iv) by the grant of a company lease or cross lease in respect of any part of the allotment; or (1 mark) (v) by the deposit of a unit plan, or an application to the Registrar-General of Land for the issue of a separate record of title for any part of a unit on a unit plan; or (1 mark)
2021
3e. Esplanade strips are created under Section 232 Resource Management Act 1991. State the six requirements of subsection (2) for an instrument creating an esplanade strip.
(a) be in accordance with Schedule 10; and (½ mark)
(b) be in a prescribed form; and (½ mark)
(c) be created in favour of the territorial authority; and (½ mark)
(d) create an interest in land, and may be registered under the Land Transfer Act 1952; and (½ mark)
(e) when registered with the Registrar-General of Land, run with and bind the land that is subject to the instrument; and (½ mark)
(f) bind every mortagee or other person having an interest in the land, without that person’s consent. (½ mark)
2021
3f. Esplanade reserves to vest on subdivision are dealt with under Section 231 Resource Management Act 1991. State the status of esplanade reserves and who shall administer them.
(1) An esplanade reserve required under section 230 or section 236—
(a) shall be set aside as a local purpose reserve for esplanade purposes under the Reserves Act 1977; and (1 mark)
(b) shall vest in and be administered by the territorial authority. (1 mark)
2021
3g. Section 4 within Schedule 4 Resource Management Act 1991 deals with additional information that is required to be included in applications for subdivision consent. List six of these matters that are specifically required.
BOUNDARIES AREAS OF ALLOTMENTS NEW RESERVES EXISTING RESERVES RIVER/LAKE BED TO BE VESTED IN TA COASTAL MARINE AREA NEW ROADS
(a) the position of all new boundaries: (½ mark)
(b) the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan: (½ mark)
(c) the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips: (½ mark)
(d) the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: (½ mark)
(e) the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A: (½ mark)
(f) the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A): (½ mark)
(g) the locations and areas of land to be set aside as new roads. (½ mark)
2019
3a. State the purpose of this Act, as specified in Section 5 Resource Management Act 1991?
The purpose of this Act is to promote the sustainable management of natural and physical resources.
2019
3b. In achieving the purpose of this Act, Section 6 Resource Management Act 1991 states that all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognize and provide for matters of national importance. List the eight matters of national importance that needs to be considered.
- PRESERVATION OF NATURAL CHARACTER
- PROTECTION OF OUTSTANDING NATURAL FEATURES AND
LANDSCAPES - PROTECTION OF AREAS OF SIGNIFICANT VEGETATION AND
FAUNA - MAINTAINENCE AND ENHANCEMENT OF PUBLIC ACCESS
- RELATIONSHIP OF MAORI AND THEIR CULTURE AND
TRADITIONS - PROTECTION OF PROTECTED CUSTOMARY RIGHTS
- PROTECTION OF HISTORIC HERITAGE
- MANAGEMENT OF SIGNIFICANT RISKS FROM NATURAL
HAZARDS
(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development: (½ mark)
(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development: (½ mark)
(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (½ mark)
(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (½ mark)
(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (½ mark)
(f) the protection of historic heritage from inappropriate subdivision, use and development: (½ mark)
(g) the protection of protected customary rights: (½ mark)
(h) the management of significant risks from natural hazards. (½ mark)
2019
3c. List four classes of activities as stated under Section 87A Resource Management Act 1991 for which resource consents would be required.
Controlled activity. (½ mark)
Restricted discretionary activity. (½ mark)
Discretionary activity. (½ mark)
Non-complying activity. (½ mark)
Note – a permitted activity does not require resource consent.
2019
3d. State which sections of the Resource Management Act 1991 that allow a consent authority to return an incomplete resource consent application, or request further information, or agreement, when processing a resource consent application.
Section 88 Resource Management Act 1991 (return of an incomplete resource consent application. (1 mark)
Section 92 Resource Management Act 1991 (request for further information, or agreement to a resource consent application. (1 mark)
2019
3e. Section 224(c) Resource Management Act 1991 states that the Chief Executive or other authorized officer of the territorial authority can issue a certificate under this section providing certain criteria are met. What are these criteria?
Certificate signed by an authorised representative of the territorial autority stating…
(i) it has approved the survey plan under section 223
(ii) all conditions of the subdivision consent have been complied
with to the satisfaction of the TA
AND
That in respect of such conditions that have not been complied with –
(i) a completion certificate has been issued in relation to such of
the conditions to which section 222 applies: (½ mark)
(ii) a consent notice has been issued in relation to such of the conditions to which section 221 applies: (½ mark) (iii) a bond has been entered into by the subdividing owner in compliance with any condition of a subdivision consent imposed under section 108(2)(b). (½ mark)
2019
3f. In accordance with Section 245(2) Resource Management Act 1991, what must a plan of survey, in respect of land that has been reclaimed, show and define when it is submitted to the consent authority for approval?
The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002 relating to survey plans within the meaning of those regulations and shall show and define –
(a) the area reclaimed, including its location and the position of all new boundaries; and (1 mark)
(b) the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip. (1 mark)
2019
3g. Section 2(1) within Schedule 4 Resource Management Act 1991 deals with information that are required to be included in all resource consent applications. List six of these requirements.
(a) a description of the activity: (½ mark)
(b) a description of the site at which the activity is to occur: (½ mark)
(c) the full name and address of each owner or occupier of the site: (½ mark)
(d) a description of any other activities that are part of the proposal to which the application relates: (½ mark)
(e) a description of any other resource consents required for the proposal to which the application relates: (½ mark)
(f) an assessment of the activity against the matters set out in Part 2 (Purpose and Principles): (½ mark)
(g) an assessment of the activity against any relevant provisions of a document referred to in Section 104(1)(b) (national environmental standard, other regulations, national policy statement, NZ coastal policy statement, regional policy statement, plan or proposed plan). (½ mark)
2019
3h. Section 4 within Schedule 4 Resource Management Act 1991 deals with additional information that are required to be included in applications for subdivision consent. List six of these matters that are specifically required.
(a) the position of all new boundaries: (½ mark)
(b) the areas of all new allotments (unless the subdivision involves a cross lease, company lease, or unit plan): (½ mark)
(c) the locations and areas of new reserves to be created (including any esplanade reserves and esplanade strips): (½ mark)
(d) the locations and areas of any existing esplanade reserves, esplanade strips, and access strips: (½ mark)
(e) the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority (under section 237A): (½ mark)
(f) the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A): (½ mark)
(g) the locations and areas of land to be set aside as new roads. (½ mark)
