Under the RMA, if a proposed activity is not specifically provided for in a district plan, what classification does it receive?
Correct Answer
C) Discretionary activity
Under Section 87B of the RMA, any activity that is not specifically provided for in a plan is classified as a discretionary activity by default. This means the consent authority has full discretion to grant or refuse consent and can impose any conditions they consider appropriate.
Why This Is the Correct Answer
Section 87B of the RMA 1991 explicitly states that any activity not provided for in a plan is classified as a discretionary activity. This is a fundamental default rule in resource management law. Discretionary activities require resource consent, and the consent authority has complete discretion to grant or decline the application and impose any conditions they consider appropriate. This classification ensures that unspecified activities receive proper environmental assessment rather than being automatically permitted or prohibited.
Why the Other Options Are Wrong
Option A: Permitted activity
Permitted activities are those specifically identified in district plans as being allowed without resource consent, provided they meet specified standards. An unspecified activity cannot be permitted because it lacks the necessary plan provisions and performance standards that define permitted status under the RMA.
Option B: Controlled activity
Controlled activities are those specifically identified in district plans where consent must be granted but conditions can be imposed on specified matters. An unspecified activity cannot be controlled because it lacks the plan provisions that define the matters of control required for this classification.
Option D: Non-complying activity
Non-complying activities are those specifically identified in district plans as being contrary to plan objectives and policies. An unspecified activity cannot be non-complying because this classification requires explicit plan provisions identifying it as inappropriate for the zone or area.
Deep Analysis of This Resource Management Question
This question tests understanding of the Resource Management Act 1991's activity classification hierarchy and default provisions. The RMA establishes a framework where all activities must be classified into one of six categories: permitted, controlled, restricted discretionary, discretionary, non-complying, or prohibited. Section 87B provides the crucial default rule that when a district plan doesn't specifically classify an activity, it automatically becomes discretionary. This principle reflects the RMA's precautionary approach - rather than assuming unspecified activities are automatically allowed (permitted) or prohibited, the law requires case-by-case assessment through the resource consent process. This default classification ensures environmental protection while maintaining development opportunities, as consent authorities retain full discretion to approve applications with appropriate conditions. Understanding this default rule is essential for real estate professionals advising clients on development potential and consent requirements.
Background Knowledge for Resource Management
The RMA 1991 establishes six activity classifications: permitted (no consent needed), controlled (consent granted with conditions), restricted discretionary (consent with limited assessment), discretionary (full consent assessment), non-complying (contrary to plan), and prohibited (cannot be consented). District plans must classify activities within their jurisdiction. Section 87B provides the default rule for unclassified activities. This hierarchy balances environmental protection with development rights, ensuring all activities receive appropriate assessment. The discretionary default prevents regulatory gaps while maintaining environmental safeguards. Real estate professionals must understand these classifications to advise clients on development feasibility and consent requirements.
Memory Technique
Remember 'When in Doubt, Discretion' - if a district plan doesn't specifically mention an activity, it defaults to discretionary. Think of it like a restaurant menu: if a dish isn't listed (specified), the chef (consent authority) has complete discretion to decide whether to make it and how.
When you see questions about unspecified or unlisted activities in district plans, immediately think 'Default Discretion' and select discretionary activity. This applies to any scenario where an activity isn't explicitly provided for in planning documents.
Exam Tip for Resource Management
Look for key phrases like 'not specifically provided for', 'not mentioned in the plan', or 'unspecified activity'. These always indicate discretionary classification under Section 87B. Don't overthink - the RMA has a clear default rule.
Real World Application in Resource Management
A property developer wants to establish a food truck park on rural land. The district plan doesn't specifically mention food truck operations or mobile food vendors. Under Section 87B, this becomes a discretionary activity requiring resource consent. The council can assess the proposal against relevant objectives and policies, considering factors like traffic, noise, and rural character. They have full discretion to approve, decline, or approve with conditions such as operating hours, number of trucks, or landscaping requirements.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming unspecified activities are automatically permitted
- •Confusing discretionary with non-complying activities
- •Thinking the default depends on the type of activity rather than plan provisions
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is the primary purpose of the Resource Management Act 1991?
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What is required before starting construction of a new dwelling in New Zealand?
A LIM report will typically include information about which of the following?
A property developer wants to subdivide rural land into residential sections. The district plan shows this area is zoned Rural. What type of resource consent would most likely be required?
- → What is the key difference between a building consent and a resource consent?
- → 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 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?
- → Under the RMA, when can a territorial authority decline a controlled activity resource consent application?
- → A property owner receives a notice that their building work was undertaken without a building consent. What is this notice likely to be called?
- → What is the primary purpose of the Resource Management Act 1991?
- → Which document would you consult to determine the permitted activities for a specific zone in a territorial authority area?
- → Under the Building Act 2004, which type of building work typically requires a building consent?
- → What information would you typically find in a LIM report?
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