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?
Correct Answer
B) The relevant provisions of planning documents, any relevant submissions, and any other matter considered relevant
Section 104 requires consent authorities to consider effects on the environment, relevant planning instrument provisions (like district and regional plans), submissions received, and any other relevant matters. This comprehensive assessment framework ensures balanced decision-making that considers environmental, planning, and community perspectives.
Why This Is the Correct Answer
Option B correctly identifies the comprehensive assessment framework under section 104 RMA. The provision specifically requires consent authorities to have regard to relevant provisions of planning documents (such as district and regional plans, national policy statements), submissions received during the consent process, and any other matter the authority considers relevant and reasonably necessary for the determination. This creates a balanced decision-making framework that goes beyond environmental effects alone, incorporating planning policy, community input, and contextual considerations into the consent evaluation process.
Why the Other Options Are Wrong
Option A: Only the economic benefits to the local community
Economic benefits to the local community may be a relevant consideration under 'any other matter considered relevant,' but section 104 doesn't limit consideration to only economic factors. The provision requires a much broader assessment including planning documents, submissions, and other relevant matters, making this option too narrow and incomplete.
Option C: Only the applicant's previous consent compliance history
While an applicant's compliance history might be considered under 'any other matter considered relevant,' section 104 doesn't focus solely on this factor. The provision requires consideration of planning documents, submissions, and other relevant matters, making this option far too restrictive and missing the key statutory requirements.
Option D: The political preferences of elected council members
Political preferences of elected members are not a legitimate consideration under section 104. Consent decisions must be based on statutory criteria including environmental effects, planning provisions, submissions, and relevant matters - not political considerations. This would constitute improper decision-making and could be subject to appeal or judicial review.
Deep Analysis of This Resource Management Question
Section 104 of the Resource Management Act 1991 establishes the comprehensive framework for resource consent decision-making in New Zealand. This provision requires consent authorities to consider multiple factors beyond just environmental effects, creating a balanced assessment process. The section mandates consideration of actual and potential environmental effects, relevant planning documents (district plans, regional plans, national policy statements), submissions from affected parties, and any other relevant matters the authority deems important. This holistic approach ensures decisions aren't made in isolation but consider the broader planning framework, community input, and contextual factors. The provision reflects the RMA's purpose of promoting sustainable management of natural and physical resources while enabling people and communities to provide for their wellbeing. Understanding this multi-faceted assessment framework is crucial for real estate professionals as it affects development potential, consent conditions, and project timelines.
Background Knowledge for Resource Management
Section 104 of the Resource Management Act 1991 is the cornerstone provision for resource consent decision-making in New Zealand. It requires consent authorities to consider: actual and potential effects on the environment, relevant provisions of planning documents (national policy statements, regional policy statements, regional and district plans), submissions received, and any other matter considered relevant. This framework balances environmental protection with development needs while ensuring community participation through the submissions process. The provision supports the RMA's overarching purpose of sustainable management, enabling informed decision-making that considers multiple perspectives and statutory requirements.
Memory Technique
Remember PEAS: Planning documents, Environmental effects, Any other relevant matters, Submissions. Like growing peas in a garden, consent decisions need all four elements to flourish - you can't just plant seeds (applications) without considering the soil (planning documents), weather (environmental effects), water (submissions), and other growing conditions (relevant matters).
When you see section 104 RMA questions, think PEAS and check that all four elements are included in the correct answer. Eliminate options that focus on only one element or include irrelevant political considerations.
Exam Tip for Resource Management
Look for answers that include multiple consideration factors under section 104 RMA. Eliminate options focusing on single factors like 'only economic benefits' or 'only compliance history.' The correct answer will reference planning documents, submissions, and other relevant matters alongside environmental effects.
Real World Application in Resource Management
A developer applies for consent to build apartments near a school. Under section 104, the council must consider environmental effects (noise, traffic), relevant planning documents (district plan zoning, urban design guidelines), submissions from neighbors and the school, and other relevant matters (infrastructure capacity, community facilities). The council cannot base its decision solely on economic benefits or political pressure, but must weigh all these factors to determine whether the proposal promotes sustainable management of resources while enabling community wellbeing.
Common Mistakes to Avoid on Resource Management Questions
- •Thinking economic benefits alone are sufficient justification
- •Believing political preferences influence consent decisions
- •Focusing only on compliance history rather than comprehensive assessment
- •Ignoring the requirement to consider planning documents and submissions
Related Topics & Key Terms
Key Terms:
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