Under the RMA, if a proposed activity is not specifically provided for in a district plan, what is its default status?
Correct Answer
C) Discretionary activity
Under Section 87B of the RMA, if an activity is not provided for in a plan or proposed plan, it is classified as a discretionary activity. This means resource consent is required and the consent authority has full discretion to grant or refuse the application, and to impose conditions.
Why This Is the Correct Answer
Section 87B of the RMA explicitly states that if an activity is not provided for in a district plan or proposed plan, it is classified as a discretionary activity. This default classification ensures that unconsidered activities require resource consent with full discretionary assessment. The consent authority can grant or refuse consent and impose any conditions they consider appropriate, allowing comprehensive evaluation of effects that weren't anticipated during plan development. This maintains the RMA's effects-based approach to resource management.
Why the Other Options Are Wrong
Option A: Permitted activity
Permitted activities are those specifically identified in district plans as having acceptable environmental effects when compliance standards are met. An unprovided-for activity cannot be permitted because planners haven't assessed its effects or established appropriate standards. Defaulting to permitted status would undermine environmental protection by allowing potentially harmful activities without assessment.
Option B: Controlled activity
Controlled activities are those where consent must be granted but conditions can be imposed on specified matters. This status requires the plan to identify the activity and specify control matters. Since unprovided-for activities haven't been considered by planners, there are no predetermined control matters, making controlled status inappropriate as a default classification.
Option D: Prohibited activity
Prohibited activities are those with such significant adverse effects that they're banned outright. Defaulting unprovided-for activities to prohibited status would be overly restrictive and could prevent beneficial or benign activities. The RMA's effects-based approach requires assessment rather than blanket prohibition of unconsidered activities, making discretionary status more appropriate for evaluation.
Deep Analysis of This Resource Management Question
This question tests understanding of the Resource Management Act's (RMA) default activity classification system. The RMA establishes a hierarchy of activity statuses that determine consent requirements and assessment criteria. When district plans are developed, they classify activities into specific categories, but inevitably some activities fall through the cracks - they're not explicitly mentioned or provided for. Section 87B of the RMA addresses this gap by establishing a default classification. This default mechanism is crucial because it ensures no activity exists in a regulatory vacuum, maintaining environmental protection while providing certainty for applicants. The discretionary status as default reflects the RMA's precautionary approach - if planners haven't specifically considered an activity's effects, it requires full assessment rather than being automatically permitted or prohibited. This connects to broader RMA principles of sustainable management and effects-based planning, where activities are evaluated based on their actual or potential environmental impacts rather than predetermined categories.
Background Knowledge for Resource Management
The RMA establishes five activity classifications: permitted, controlled, restricted discretionary, discretionary, and prohibited. District plans classify activities based on their environmental effects. Permitted activities comply with standards and need no consent. Controlled activities require consent but must be granted with conditions. Restricted discretionary activities require consent with assessment limited to specified matters. Discretionary activities require consent with full discretionary assessment. Prohibited activities are banned. Section 87B provides the default classification for activities not specifically addressed in plans, ensuring comprehensive regulatory coverage while maintaining the effects-based assessment framework central to New Zealand's resource management system.
Memory Technique
Remember 'When in Doubt, Discretion' - if a district plan doesn't specifically mention an activity, it defaults to discretionary status. Think of it like a safety net: planners can't think of everything, so anything they missed gets caught in the 'discretionary net' where it can be properly assessed rather than falling through regulatory gaps.
When you see questions about unprovided-for activities or default classifications under the RMA, immediately think 'When in Doubt, Discretion.' This reminds you that Section 87B defaults to discretionary activity status, requiring full consent assessment for activities not specifically addressed in district plans.
Exam Tip for Resource Management
Look for key phrases like 'not specifically provided for,' 'not mentioned in the plan,' or 'default status.' These signal Section 87B application. Remember that discretionary is the safety net classification - it allows full assessment of unconsidered activities while maintaining environmental protection.
Real World Application in Resource Management
A property developer wants to establish a new type of co-working space with integrated residential units in a commercial zone. The district plan doesn't specifically mention this hybrid use. Under Section 87B, this becomes a discretionary activity requiring resource consent. The council can assess all potential effects - traffic, noise, residential amenity, commercial character - and either grant consent with appropriate conditions or refuse if adverse effects are significant. This ensures innovative developments can be considered while maintaining planning control over unforeseen land uses.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming unprovided-for activities are automatically permitted
- •Confusing discretionary with restricted discretionary activity status
- •Thinking prohibited is the default to prevent harmful activities
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
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A LIM report will typically include information about which of the following?
Under the RMA, if a proposed activity is not specifically provided for in a district plan, what classification does it receive?
- → 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?
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