Under section 87B of the RMA, a plan requires resource consent for an activity but does not say which activity class it falls into. How must the application be treated?
Correct Answer
C) As a discretionary activity
RMA s 87B(1) says an application must be treated as one for a discretionary activity if Part 3 requires consent and there is no relevant rule, if a plan requires consent but does not classify the activity, or if a proposed prohibited rule is not yet operative. Note the difference for district land use: under s 9(3) a use that breaches no district rule needs no consent at all, which is why most district plans include their own catch-all rule for activities not provided for.
Why This Is the Correct Answer
RMA s 87B(1)(b) says that where a plan requires resource consent but does not classify the activity, the application is treated as one for a discretionary activity.
Why the Other Options Are Wrong
Option A: As a permitted activity
A permitted activity needs no consent, but here the plan requires consent. Section 87B does not turn it into a permitted activity.
Option B: As a controlled activity
A controlled activity must be granted. Section 87B makes an unclassified consent requirement discretionary, so the council keeps full discretion.
Option D: As a prohibited activity
Section 87B(1) treats an unclassified consent requirement as discretionary, not prohibited. It even treats a proposed prohibited rule that is not yet operative as discretionary. Its prohibited-activity subsections cover only specific mining activities.
Deep Analysis of This Resource Management Question
Section 87B is a safety net for gaps in classification. If the Act or a plan requires consent for an activity but gives no activity status, the application is treated as discretionary. The council then has full discretion to grant or decline and to impose conditions. This is different from a land use that no district rule controls at all. Under s 9(3) such a use needs no consent, so district plans usually add their own catch-all rule, often discretionary or non-complying, for activities not provided for.
Background Knowledge for Resource Management
The RMA has six activity classes: permitted, controlled, restricted discretionary, discretionary, non-complying and prohibited (s 87A). Section 87B treats an application as discretionary where consent is required but there is no relevant rule, where a plan requires consent without classifying the activity, or where a proposed prohibited rule has not yet become operative.
Memory Technique
Think 'consent required, class missing: discretionary'. Section 87B fills in the missing class with discretionary, so the council keeps full control.
When a question says consent is required but no class is given, apply s 87B and choose discretionary. If the question says no rule controls the land use at all, remember s 9(3) and the plan's own catch-all rule instead.
Exam Tip for Resource Management
Read carefully whether consent is required but unclassified (s 87B: discretionary) or whether the plan has its own rule for activities 'not provided for' (use the plan's status).
Real World Application in Resource Management
A district plan rule says earthworks near a stream 'require resource consent' but never gives a status. An applicant's planner treats the application as discretionary under s 87B, so the council can assess all effects and grant or decline it.
Common Mistakes to Avoid on Resource Management Questions
- •Thinking s 87B makes every land use not mentioned in a district plan discretionary
- •Confusing discretionary with restricted discretionary
- •Thinking prohibited is the default status
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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