Under the Resource Management Act 1991, which of the following best describes the relationship between National Policy Statements and District Plans?
Correct Answer
A) District plans must give effect to national policy statements
Under RMA s 75(3), a district plan must give effect to any national policy statement, the New Zealand coastal policy statement, the national planning standards and the regional policy statement. National direction therefore sits above district plans, which must be brought into line with it. National environmental standards work differently: they are regulations that apply directly and prevail over plan rules.
Why This Is the Correct Answer
RMA s 75(3) says a district plan must give effect to any national policy statement, the New Zealand coastal policy statement, the national planning standards and the regional policy statement.
Why the Other Options Are Wrong
Option B: National policy statements must be consistent with existing district plans
The hierarchy runs the other way. National direction sits above district plans, which must be brought into line with it.
Option C: They operate independently, with no legal relationship between them
RMA s 75(3) sets a direct legal relationship: a district plan must give effect to any national policy statement.
Option D: A district plan may override a national policy statement where that suits local conditions
Local conditions do not let a district plan override national direction. The plan must give effect to the national policy statement.
Deep Analysis of This Resource Management Question
This question tests understanding of the hierarchical planning framework under the Resource Management Act 1991. The RMA establishes a clear cascade of planning instruments from national to local level, ensuring consistent implementation of environmental policy across New Zealand. National Policy Statements (NPSs) represent the Government's direction on nationally significant resource management issues, while District Plans are local authority instruments that control land use activities. The relationship is deliberately hierarchical - national direction must flow down to local implementation. This prevents local authorities from undermining nationally important environmental outcomes through inconsistent local planning. Understanding this hierarchy is crucial for real estate professionals as it affects what can be developed where, and ensures that national priorities like freshwater management, urban development capacity, and renewable energy generation are consistently addressed across all territorial authorities regardless of local political preferences.
Background Knowledge for Resource Management
The Resource Management Act 1991 establishes a hierarchical planning framework with National Policy Statements at the top, followed by National Environmental Standards, Regional Policy Statements, Regional Plans, and District Plans. National Policy Statements are statutory instruments issued by the Minister for the Environment that provide direction on nationally significant resource management issues. They must be prepared under Schedule 1 of the RMA and become legally binding once gazetted. District Plans are prepared by territorial authorities under Section 73 and control land use activities within their boundaries. The hierarchical relationship ensures consistent implementation of national environmental policy while allowing for local variation within national parameters.
Memory Technique
Visualize a pyramid with National Policy Statements at the top flowing down to District Plans at the bottom. Remember 'National flows DOWN' - like water flowing downhill, national direction must flow down through the planning hierarchy. The higher levels 'give direction to' the lower levels, never the reverse.
When you see questions about relationships between planning instruments, draw a quick pyramid in your mind. The higher instrument always directs the lower one. If the question asks about NPSs and District Plans, remember NPSs are higher in the pyramid so they direct District Plans.
Exam Tip for Resource Management
Look for the phrase 'give effect to' in RMA hierarchy questions - this indicates the correct direction of the relationship. Higher planning instruments require lower ones to 'give effect to' them, never the reverse.
Real World Application in Resource Management
A territorial authority is reviewing its District Plan and wants to restrict intensive farming to protect local waterways. However, the National Policy Statement for Freshwater Management requires specific provisions for freshwater protection that are more stringent than the council's proposed rules. The council must amend its District Plan to 'give effect to' the NPS requirements, even if this means stronger restrictions than initially planned. The council cannot simply ignore the NPS because it prefers a different local approach - the national direction takes precedence.
Common Mistakes to Avoid on Resource Management Questions
- •Confusing 'give effect to' with 'have regard to' - the former is mandatory, the latter discretionary
- •Thinking local authorities can override national direction if locally inappropriate
- •Believing the hierarchy works both ways - that national instruments must consider local plans
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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