Under the RMA, when can a territorial authority decline a controlled activity resource consent application?
Correct Answer
D) A controlled activity consent cannot be declined if it meets the activity standards
Under Section 104A of the RMA, consent authorities must grant controlled activity applications and cannot decline them, provided the activity complies with the relevant standards and terms specified in the plan. The authority's control is limited to imposing conditions related to the matters over which control is reserved in the plan.
Why This Is the Correct Answer
Option D is correct because Section 104A of the RMA explicitly states that consent authorities must grant controlled activity applications that comply with relevant plan standards and terms. The authority cannot decline these applications - their power is limited to imposing conditions on matters over which control is reserved in the district or regional plan. This mandatory grant provision distinguishes controlled activities from other activity types where decline is possible.
Why the Other Options Are Wrong
Option A: When the environmental effects are considered too significant
Environmental effects being significant is not grounds for declining a controlled activity. If effects were truly problematic, the activity would likely be classified as discretionary or non-complying in the plan, not controlled. The plan's classification as 'controlled' already acknowledges the acceptable nature of effects.
Option B: When there is significant public opposition to the proposal
Public opposition alone cannot justify declining a controlled activity consent. While public submissions may be considered for imposing conditions on reserved matters, the mandatory grant requirement under Section 104A means opposition cannot prevent consent being granted if standards are met.
Option C: When the application does not contain adequate assessment of environmental effects
While adequate assessment of environmental effects is important, an inadequate assessment would typically result in a request for further information under Section 92 rather than automatic decline. The consent authority must still grant the consent once adequate information is provided, assuming standards are met.
Deep Analysis of This Resource Management Question
This question tests understanding of the fundamental distinction between controlled activities and other activity types under the Resource Management Act 1991. Controlled activities represent the most permissive category in the RMA's activity classification hierarchy. The key principle is that territorial authorities have limited discretion with controlled activities - they must grant consent if the activity meets specified standards, but can impose conditions on reserved matters. This creates certainty for applicants while allowing councils to manage specific effects. The question highlights the mandatory nature of granting controlled activity consents, which differs significantly from discretionary or non-complying activities where decline is possible. Understanding this distinction is crucial for real estate professionals advising clients on development potential and consent processes.
Background Knowledge for Resource Management
The RMA establishes a hierarchy of activities: permitted (no consent needed), controlled (consent required but must be granted), restricted discretionary (consent may be declined on specific matters), discretionary (full discretion), and non-complying/prohibited (presumption against granting). Controlled activities are defined in district/regional plans with specific standards and reserved matters for control. Section 104A mandates consent grant for compliant controlled activities, while Section 104B allows conditions only on reserved control matters. This system balances development rights with environmental protection through predetermined acceptable parameters.
Memory Technique
CONTROL: Consent Obviously Never Terminated - Refusal Only Limits. Remember that controlled activities give you CONTROL over getting consent - the authority cannot refuse it, they can only control specific aspects through conditions on reserved matters.
When you see 'controlled activity' and 'decline' in the same question, immediately think CONTROL - the consent cannot be declined, only controlled through conditions. This helps distinguish from discretionary activities where decline is possible.
Exam Tip for Resource Management
Look for the word 'controlled' in activity classification questions. If it's a controlled activity meeting standards, the answer involving 'cannot be declined' or 'must be granted' is likely correct.
Real World Application in Resource Management
A developer applies for a controlled activity consent to build a residential subdivision in a zone where this is a controlled activity. The district plan specifies standards for lot sizes, building setbacks, and reserves control over landscaping and stormwater management. Even if neighbors object strongly and environmental groups raise concerns, the council must grant consent if the subdivision meets the specified standards. However, they can impose detailed conditions on landscaping design and stormwater systems as these are reserved control matters.
Common Mistakes to Avoid on Resource Management Questions
- •Confusing controlled activities with discretionary activities where decline is possible
- •Thinking public opposition can prevent controlled activity consent
- •Believing significant environmental effects automatically allow decline of controlled activities
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is the primary purpose of the Resource Management Act 1991?
Which document would typically contain rules about building height restrictions and setback requirements?
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?
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?
- → 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?
- → A client wants to subdivide their rural property into smaller lots. What type of consent will they most likely need under the RMA?
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