RMA The Law

Under section 77B of the Resource Management Act 1991 there are five different types of consents linked to the resource being used, including land use consents, subdivision consents, coastal permits, water permits and discharge permits. Each of the consents has different categories of activities:

Permitted

Allowed 'as of right' subject to complying with any conditions applying to them.

Controlled

Council must grant consent subject to conditions that must be complied with. These conditions may only be imposed if they relate to matters specified in the plan.

Restricted discretionary

A council may grant or decline consent for a restricted discretionary activity. The conditions may only relate to matters specified in the plan.

Discretionary

A Council can grant or decline consent. If consent is granted, Council may impose conditions to control any of the 'activity's' potential adverse effects.

Non-complying

A Council can only grant an application for a non-complying activity if its adverse effects are minor or if it is consistent with the plan's objectives and policies.

Prohibited

A resource consent cannot be applied for on a prohibited activity.

Restricted coastal activity

A discretionary or non-complying activity, listed in a regional coastal plan, for which the Minister of Conservation can only issue consents.

Click here to find definitions of terms used in the Resource Management Act 1991 or the Act in full here.

PART 2 - PURPOSE AND PRINCIPLES

5. Purpose

(1)The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2)In this Act, ''sustainable management'' means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a)Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b)Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c)Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

6.Matters of national importance

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a)The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(b)The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

(c)The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:

(d)The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(e)The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

[(f)the protection of historic heritage from inappropriate subdivision, use, and development.]

[(g)the protection of recognised customary activities.]

7.Other matters

(a)Kaitiakitanga:

[(aa)The ethic of stewardship:]

(b)The efficient use and development of natural and physical resources:

[(ba)the efficiency of the end use of energy:]

(c)The maintenance and enhancement of amenity values:

(d)Intrinsic values of ecosystems:

(e)Repealed.

(f)Maintenance and enhancement of the quality of the environment:

(g)Any finite characteristics of natural and physical resources:

(h)The protection of the habitat of trout and salmon:

[(i)the effects of climate change:]

[(j)the benefits to be derived from the use and development of renewable energy.]

8.Treaty of Waitangi

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

PART 3 - DUTIES AND RESTRICTIONS UNDER THIS ACT

Adverse effects

17. Duty to avoid, remedy, or mitigate adverse effects

(1)Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of that person, whether or not the activity is in accordance with a rule in a plan, a resource consent,a designation,] [section 10, section 10A, or section [[20A]] ]