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) Relevant planning documents, submissions received, and other relevant, reasonably necessary matters
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
RMA s 104(1) requires regard to effects on the environment, offsetting or compensation measures, relevant national and regional instruments and plans, and any other relevant and reasonably necessary matter, having considered submissions.
Why the Other Options Are Wrong
Option A: Only the economic benefits the activity would bring to the local community
Economic benefits can be relevant, but s 104 is not limited to them. The word 'only' makes this wrong.
Option C: Only the applicant's record of complying with earlier resource consents
A compliance history might be an 'other matter', but s 104 requires far more, starting with effects and planning documents.
Option D: The views of elected councillors on whether the project is politically popular
Political popularity is not a s 104 matter. The consent authority must decide on the effects, planning documents and relevant matters.
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:
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 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?
- → Sarah wants to build a two-storey house on her vacant section in a residential zone, and the design meets all of the district plan's standards. What consent process will she need to follow?
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Sarah wants to build a two-storey house on her vacant section in a residential zone, and the design meets all of the district plan's standards. What consent process will she need to follow?
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