A client wants to build a two-storey house on a residential section. The district plan allows buildings up to 8 metres high, but the design is 10 metres high. What do they need to do?
Correct Answer
C) Obtain resource consent for the height breach, then a building consent
Breaching a district plan standard such as a height limit means the house needs resource consent under the RMA. The activity status (often restricted discretionary for height infringements, but sometimes discretionary) is whatever the district plan says. A building consent is also needed, and the council can hold building work back under Building Act s 37 until the resource consent is granted.
Why This Is the Correct Answer
A height breach is a district plan matter, so resource consent is needed for it, with the status set by the plan. The house also needs a building consent, and building work cannot proceed until the resource consent is in place.
Why the Other Options Are Wrong
Option A: Apply for a building consent only, because height is a Building Code matter
Height limits are district plan rules under the RMA, not Building Code requirements. Building consent alone does not authorise a breach of a plan rule.
Option B: Apply for building consent first and let the council resolve the height issue during processing
Under Building Act s 37 the council certifies that building work may not proceed until the needed resource consent is obtained. The height breach is not fixed inside building consent processing.
Option D: Redesign the house, because a council cannot consent a building above the height limit
A height breach can be consented. Redesigning is one option, but it is not compulsory; the owner can apply for resource consent for the breach.
Deep Analysis of This Resource Management Question
Two separate regimes apply to one house. The RMA and the district plan decide whether the house may be built at that height. The Building Act 2004 decides whether it is built safely. A design over the plan's height limit fails a permitted-activity standard, so resource consent is needed. The plan decides the activity status: many plans, including the Auckland Unitary Plan, make height infringements restricted discretionary, while others make them discretionary. Building consent is still needed, and under s 37 the council can certify that building work must not start until the resource consent is granted.
Background Knowledge for Resource Management
The Resource Management Act 1991 establishes a hierarchy of activities: permitted, controlled, restricted discretionary, discretionary, and prohibited. District plans set rules defining these categories. When proposals breach permitted activity standards (like height limits), they require resource consent. The Building Act 2004 requires building consent for construction, but this cannot be granted without necessary resource consents. Height restrictions protect neighbourhood character, privacy, and sunlight access. The consent process involves public notification (depending on activity type), assessment of environmental effects, and council decision-making considering relevant planning objectives.
Memory Technique
Remember 'Resource before Construction' - like getting permission to have a party before buying the decorations. You need Resource Consent (the party permission) before Building Consent (buying decorations). If you breach district plan rules, you're asking for a bigger party than normally allowed, so you definitely need permission first.
When you see questions about breaching district plan standards, immediately think 'RC before BC' - Resource Consent must come before Building Consent. Look for the option that mentions both consents in the correct sequence.
Exam Tip for Resource Management
When a design breaches a district plan standard, look for the answer that needs both consents: resource consent for the breach and building consent for the construction. Do not pick an answer that depends on naming the activity status unless the question gives you the plan rule.
Real World Application in Resource Management
An agent's clients buy a residential section and their architect designs a 10-metre house where the plan allows 8 metres. The agent tells them to get planning advice before committing: they will need resource consent for the height breach before building work can start, which adds time, cost and some risk that the council declines or imposes conditions.
Common Mistakes to Avoid on Resource Management Questions
- •Thinking building consent alone covers a district plan breach
- •Assuming every height breach has the same activity status in every district plan
- •Believing a council can never consent a building over the height limit
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is required before starting construction of a new two-storey family home in New Zealand?
A developer wants to subdivide Rural-zoned land into residential sections. The district plan does not prohibit this, but says consent can be granted only if the proposal passes the section 104D gateway test. What activity status does that indicate?
A homeowner receives a LIM report showing that previous resource consent was granted with ongoing conditions requiring annual monitoring reports. What does this mean for the new owner?
A property owner receives a notice that their building work was undertaken without a building consent. What is this notice likely to be called?
Under the Building Act 2004, which type of building work typically requires a building consent?
- → A client wants to subdivide their rural property into smaller lots. What type of consent will they most likely need under the RMA?
- → Under section 104 of the RMA, when considering a resource consent application, what must a consent authority have regard to alongside the actual and potential effects on the environment?
- → Under the Resource Management Act 1991, what is the primary purpose of district plans?
- → A property developer wants to subdivide a 2-hectare residential section into 10 lots. Under typical district plan rules, what consents would likely be required?
- → Under the Building Act 2004, which authority is responsible for issuing building consents?
- → Which of the following activities would most likely require resource consent under the RMA?
- → What is the main difference between a regional plan and a district plan?
- → A property has an existing resource consent for a home-based business that expires in two years. What happens if the owners want to continue the business after the consent expires?
- → A developer has obtained resource consent for a subdivision but discovers during earthworks that the site contains archaeological features. What is the most likely immediate consequence under New Zealand law?
- → A LIM report will typically include information about which of the following?
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