A developer proposes a large retail complex. Under the district plan, the retail use is permitted, earthworks over 500 m³ are restricted discretionary, and the building's height is discretionary. What overall status will the bundled application most likely have?
Correct Answer
A) Discretionary activity
Under the bundling principle from case law, when one proposal needs consent under several rules, the application is usually assessed under the most restrictive status among them. Here the statuses are permitted, restricted discretionary and discretionary, so the application is discretionary. Section 87B is a different rule: it makes an application discretionary where a consent is required but no rule classifies it.
Why This Is the Correct Answer
The bundling principle applies the most restrictive status among the proposal's components. Discretionary, for the height, is more restrictive than restricted discretionary and permitted.
Why the Other Options Are Wrong
Option B: Restricted discretionary activity
Restricted discretionary is the status of the earthworks, but the height is discretionary, which is more restrictive and so governs the bundle.
Option C: Permitted activity
A permitted component does not set the status of the whole proposal. The other parts need consent, and bundling uses the most restrictive status.
Option D: Non-complying activity
Nothing in the proposal is non-complying. Bundling takes the most restrictive status present; it does not move the proposal up a class.
Deep Analysis of This Resource Management Question
The proposal has three parts with different statuses: permitted retail use, restricted discretionary earthworks and a discretionary height breach. Councils usually bundle such parts and assess the whole application under the most restrictive status, so that consenting part of a proposal on a narrow basis does not stop the council looking at overlapping effects. That principle comes from case law. It is not in s 87B, which covers applications where consent is needed but no rule classifies the activity.
Background Knowledge for Resource Management
RMA activity classes run from permitted, controlled, restricted discretionary and discretionary to non-complying and prohibited. District plans classify land use and subdivision. Discharges such as stormwater are usually controlled by regional plans under s 15. When a proposal triggers several district rules, the bundling principle usually applies the most restrictive status to the whole application.
Memory Technique
Think of activity bundling like a chain - the overall strength is determined by the weakest (most restrictive) link. Just as a chain breaks at its weakest point, a development proposal's consent requirements are determined by its most restrictive activity component. Permitted activities are the strongest links, while prohibited activities are completely broken links that make the whole chain unusable.
When you see multiple activities in a question, immediately identify each activity's classification, then remember that the 'weakest link' (most restrictive activity) determines the overall consent requirement. Rank them: Permitted > Controlled > Restricted Discretionary > Discretionary > Non-complying > Prohibited.
Exam Tip for Resource Management
Quickly identify all activities in the proposal, classify each according to the district plan, then select the most restrictive classification as your answer. Remember the hierarchy: discretionary is more restrictive than restricted discretionary, which is more restrictive than permitted activities.
Real World Application in Resource Management
A real estate agent represents a client wanting to develop a mixed-use building with ground floor retail (permitted) and residential apartments above (restricted discretionary), plus new vehicle access requiring earthworks (discretionary). Despite the retail being permitted, the agent must advise the client that a full discretionary consent application is required due to the earthworks component. This affects project timelines, costs, and approval certainty, influencing the client's purchase decision and development financing arrangements.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming the overall status follows the permitted component
- •Confusing restricted discretionary with discretionary
- •Citing s 87B for bundling, when bundling comes from case law
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
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Under the Building Act 2004, which type of building work typically requires a building consent?
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- → 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?
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- → 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?
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