A commercial development requires both earthworks exceeding 500m³ and a new building over 10 meters high in a zone where the height limit is 8 meters. The district plan classifies earthworks as controlled activities and height exceedances as restricted discretionary activities. What consenting pathway is required?
Correct Answer
B) One application assessed as restricted discretionary, the more restrictive status
When one proposal needs several consents with different activity statuses and the effects overlap, councils usually 'bundle' them and assess the whole application under the most restrictive status. This bundling principle comes from case law, not from a section of the RMA. Here the height breach is restricted discretionary and the earthworks are controlled, so the bundled application is assessed as restricted discretionary.
Why This Is the Correct Answer
Under the bundling principle from case law, related activities in one proposal are usually assessed together under the most restrictive status. Restricted discretionary is more restrictive than controlled.
Why the Other Options Are Wrong
Option A: Two separate applications, each decided under its own activity status
Where activities are part of one proposal and their effects overlap, councils usually bundle them and apply the most restrictive status. They are not decided separately.
Option C: One application assessed as controlled, since the council must grant the earthworks
Bundling uses the most restrictive status, not the most lenient. The controlled earthworks do not lower the status of the height breach.
Option D: A building consent application in which the council also weighs the planning matters
Planning matters are decided through a resource consent under the RMA. A building consent under the Building Act 2004 cannot authorise a height breach.
Deep Analysis of This Resource Management Question
This question tests understanding of the Resource Management Act's hierarchy of activity classifications and how multiple activities are assessed when bundled together. The principle of 'most restrictive status applies' is fundamental to resource consent processing. When a development involves multiple activities with different classifications, the entire application must be assessed under the most restrictive category. This prevents developers from circumventing stricter assessment requirements by bundling restricted activities with more permissive ones. The earthworks (controlled) and height exceedance (restricted discretionary) must be considered together, with the restricted discretionary status governing the entire process. This ensures comprehensive assessment of cumulative effects and maintains the integrity of district plan controls. Understanding this hierarchy is crucial for practitioners to correctly advise clients on consent pathways, timeframes, and assessment criteria.
Background Knowledge for Resource Management
The RMA activity classes, from least to most restrictive, are permitted, controlled, restricted discretionary, discretionary, non-complying and prohibited. When one proposal needs consent under several rules, councils usually bundle them and apply the most restrictive status to the whole application. This is a case-law principle, not a statutory section. Courts have said it need not apply where the effects of the different activities are distinct and do not overlap.
Memory Technique
Think of activity classifications like household rules from different parents. If one parent (controlled activity) says 'yes with conditions' and another parent (restricted discretionary) says 'maybe, we need to think about it,' the stricter parent's rule applies to the whole situation. The 'maybe' parent (most restrictive) makes the final decision for everything.
When you see multiple activities with different classifications, immediately identify which is most restrictive and remember that this classification governs the entire application assessment process.
Exam Tip for Resource Management
Look for questions involving multiple activities and quickly rank their classifications from most to least restrictive. The most restrictive classification always determines the assessment pathway for the entire application.
Real World Application in Resource Management
A developer wants to build a 12-meter warehouse (exceeding 8m height limit) requiring significant earthworks for foundations. The planner must advise that despite earthworks being controlled activities, the height exceedance makes this a restricted discretionary application overall. This affects notification requirements, assessment timeframes, hearing rights, and the council's ability to decline consent. The developer needs to prepare comprehensive assessment of effects addressing both earthworks and height impacts under the stricter framework.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming separate applications are required for different activity types
- •Applying the least restrictive classification instead of most restrictive
- •Confusing building consent and resource consent processes
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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