S+SNZ Professional Examination — Planning, Design and Resource Management Option (New Zealand)

What is the core purpose of the Resource Management Act (RMA) 1991 as stated in Section 5?

• ATo maximize the commercial development of urban land and infrastructure.
• BTo promote the sustainable management of natural and physical resources.
• CTo ensure the complete preservation of all natural environments from human activity.
• DTo provide a framework for local councils to collect development contributions.

Under the Resource Management Act 1991, which of the following is defined as a 'matter of national importance' in Section 6?

• AThe maintenance of efficient agricultural production on highly productive land.
• BThe preservation of the natural character of the coastal environment, wetlands, lakes, an…
• CThe provision of affordable residential housing capacity in Tier 1 urban areas.
• DThe optimization of local road networks to reduce vehicular emissions.

What does Section 8 of the Resource Management Act 1991 require all persons exercising functions under the Act to do in relation to the Treaty of Waitangi (Te Tiriti o Waitangi)?

• AObtain prior written approval from the Waitangi Tribunal for all subdivision consents.
• BGive absolute veto power to local iwi over any land development projects.
• CDeclare all ancestral land as restricted archaeological sites under Heritage New Zealand.
• DTake into account the principles of the Treaty of Waitangi.

Which resource consent activity status represents an activity that is permitted by a district plan without the need for a resource consent, provided it complies with all relevant standards?

• APermitted activity.
• BControlled activity.
• CRestricted discretionary activity.
• DDiscretionary activity.

Under Section 11 of the Resource Management Act 1991, what is the default legal status of subdividing land in New Zealand?

• ASubdivision is permitted by default unless a district plan rule explicitly restricts it.
• BSubdivision is controlled by default and must always be granted by the territorial author…
• CSubdivision is prohibited unless it is expressly allowed by a rule in a district plan or…
• DSubdivision is illegal unless the land is classified as general freehold under the Land T…

Under the Resource Management Act 1991, what is the primary distinction between a Controlled activity and a Restricted Discretionary activity?

• AControlled activities do not require an Assessment of Environmental Effects (AEE), while…
• BRestricted Discretionary consents must always be publicly notified, whereas Controlled co…
• CA Controlled activity consent must be granted by the council, whereas a Restricted Discre…
• DControlled status only applies to regional plans, while Restricted Discretionary status o…

Which Section 7 'other matter' in the Resource Management Act 1991 relates specifically to the exercise of guardianship by the tangata whenua of an area?

• AKaitiakitanga.
• BThe ethic of stewardship.
• CThe maintenance and enhancement of amenity values.
• DIntrinsic values of ecosystems.

What is the role of a National Policy Statement (NPS) within the New Zealand Resource Management Act hierarchy?

• AIt sets out binding building code regulations that override the Building Act 2004.
• BIt acts as a national register of contaminated land that councils must clean up using cro…
• CIt provides direction to local authorities on matters of national significance, which reg…
• DIt is a set of rules that directly applies to individual building permit applications by-…

The National Policy Statement on Urban Development (NPS-UD) 2020 requires Tier 1 major urban councils to provide what type of development capacity for housing?

• AAt least enough plan-enabled, infrastructure-ready, and commercially viable development c…
• BA mandatory minimum of 50% social housing units in all subdivisions over 10 lots.
• CAn immediate rezoning of all rural productive land within 15 kilometers of the city cente…
• DFree infrastructure connections to all residential developments constructed within 5 year…

Under the National Policy Statement for Highly Productive Land (NPS-HPL) 2022, what is the primary restriction regarding subdivision of Class 1, 2, or 3 land?

• ASubdivision is permitted only if the lot sizes are kept below 500 square meters.
• BSubdivision is allowed if the applicant pays a soil degradation levy to the regional coun…
• CSubdivision is restricted to lifestyle blocks where the owners maintain a commercial gard…
• DSubdivision of highly productive land is avoided unless it is for specified exceptions, s…

What is the legal relationship between a Regional Policy Statement (RPS) and a District Plan under the RMA?

• AThe Regional Policy Statement must comply with the rules of the District Plan.
• BThe District Plan is subordinate to the RPS only in coastal marine areas.
• CThe District Plan must 'give effect to' the Regional Policy Statement.
• DThey are coordinate documents, and in the event of conflict, the newer document prevails.

Which RMA document is responsible for controlling the discharge of contaminants to land, air, or water, as opposed to managing land use subdivisions?

• ARegional Plan.
• BDistrict Plan.
• CNational Planning Standards.
• DDesign Guide Overlay.

What is the objective of the National Planning Standards introduced in New Zealand in 2019?

• ATo establish a single national district plan that applies identical rules to all towns an…
• BTo replace the resource consent process with a standardized online permit system.
• CTo improve usability and consistency of RMA plans by standardizing their structure, defin…
• DTo set national baseline tax rates for development contributions across all councils.

Under the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NES-CS), what triggers the requirement for a soil investigation?

• AAny excavation exceeding 10 cubic meters in volume, regardless of historical land use.
• BSubdividing any rural land into residential parcels smaller than 2 hectares.
• CProposing a subdivision or land use change on a piece of land where an activity on the Ha…
• DBuilding a fence within 5 meters of a registered archaeological site.

If an activity is classified as 'Prohibited' in a District Plan, what are the legal consequences for a developer wishing to apply for a resource consent?

• AThe developer must pay a double application fee, and the consent must be decided by the E…
• BThe application is automatically publicly notified, and the applicant must demonstrate ex…
• CNo application can be made, and the council must not grant a resource consent for that ac…
• DThe consent can be granted, but only if the developer obtains written approval from all a…

In the context of the RMA, how is the 'permitted baseline' concept applied by a consent authority when evaluating a resource consent application under Section 104(2)?

• AIt mandates that all applications must be assessed against a pristine, pre-development na…
• BThe authority has the discretion to disregard environmental effects of an activity if the…
• CIt requires councils to automatically grant any restricted discretionary consent that fal…
• DIt is a mathematical formula used to calculate the maximum allowable volume of earthworks…

When a district plan is undergoing a Plan Change process under Schedule 1 of the RMA, at what point do the proposed rules generally take legal effect?

• AOnly after the plan change is formally signed off by the Minister for the Environment.
• BUpon notification of the proposed plan change, though weight increases once decisions on…
• CImmediately when the developer submits a private plan change application to the council.
• DOnly when all subsequent appeals to the Environment Court have been resolved and the plan…

Under Section 104D of the RMA, what are the two criteria of the 'gateway test' that a non-complying activity must satisfy for a council to consider granting consent?

• AThe activity will provide a significant economic benefit to the community, AND it will no…
• BThe developer will provide public reserve land, AND the neighbors have all signed written…
• CThe development complies with the National Policy Statement on Highly Productive Land, AN…
• DThe adverse effects on the environment will be minor, OR the application is not contrary…

Which of the following best describes the legal distinction between the regional council and district council jurisdictions regarding water resources under the RMA?

• ADistrict councils control the quality of water in rivers, while regional councils only co…
• BRegional councils own all water bodies, while district councils regulate the recreational…
• CDistrict plans set the rules for regional water allocation, and regional plans must give…
• DRegional councils control water take, use, and discharges under Section 14 and 15, while…

In RMA case law, what is the 'Newbury test' standard applied to determine the validity of a resource consent condition imposed under Section 108?

• AThe condition must be cost-neutral to the developer and approved by a quantity surveyor.
• BThe condition must have a planning purpose, must fairly and reasonably relate to the perm…
• CThe condition must require the developer to purchase carbon offsets equal to the building…
• DThe condition must be drafted in plain English and contain no references to other legisla…

What is the primary document required under Section 88 of the RMA that must accompany any application for a resource consent?

• AA certified land title survey plan.
• BAn Assessment of Environmental Effects (AEE).
• CA signed construction contract under NZS 3910.
• DA building consent approval from a building consent authority.

Under the RMA, what is the default timeframe within which a council must decide whether a resource consent application is complete and can be accepted for processing?

• A10 working days.
• B5 working days.
• C20 working days.
• D30 working days.

If a council requests further information from a resource consent applicant under Section 92 of the RMA, what happens to the official processing clock?

• AThe clock continues to run, but the council is granted an automatic 10-day extension.
• BThe clock stops immediately and remains suspended until the applicant provides the reques…
• CThe application is automatically rejected, and the applicant must pay a re-lodgement fee.
• DThe clock resets to zero, and the statutory time limit starts over.

What is the default duration (lapse period) of a resource consent in New Zealand under Section 125 of the RMA, if no period is specified in the consent?

• A2 years.
• B3 years.
• C10 years.
• D5 years.

Who has the right to make a submission on a resource consent application that has been 'Publicly Notified' by the council?

• AOnly adjacent neighbors who share a boundary with the subject site.
• BOnly registered members of the professional planning and surveying institutes.
• COnly persons who hold a direct financial interest in the development.
• DAny person.

Under the RMA, what happens to a land-use resource consent if the ownership of the subject property is sold to a new owner?

• AThe consent is cancelled immediately, and the new owner must apply for a transfer permit.
• BThe consent remains with the land and automatically transfers to the new property owner.
• CThe consent must be re-evaluated by the council to assess the new owner's credit history.
• DThe consent is suspended until the original owner pays a transfer fee to the local author…

Which body is the primary judicial court responsible for hearing appeals against local council resource consent decisions in New Zealand?

• AThe Supreme Court of New Zealand.
• BThe Māori Land Court.
• CThe District Court.
• DThe Environment Court.

When preparing an Assessment of Environmental Effects (AEE) under Schedule 4 of the RMA, what must be included regarding the mitigation of adverse effects?

• AA formal guarantee that no adverse effects whatsoever will occur during construction.
• BA description of the mitigation measures proposed to prevent, remedy, or mitigate actual…
• CA bank-guaranteed bond cover estimate to pay for any future environmental damage.
• DAn agreement to purchase carbon credits to offset the loss of agricultural soil.

What is the significance of the statutory test 'minor or more than minor' under Section 95E of the RMA?

• AIt determines whether the consent application must be rejected without processing.
• BIt is the test used to decide if the activity is non-complying or discretionary.
• CIt dictates whether the developer must hire a licensed cadastral surveyor or a planner.
• DIt is the threshold used to determine if a person is an affected person who must be notif…

Under Section 95A of the RMA, when is a council *required* to publicly notify a resource consent application?

• AWhenever any neighbor objects to the development in writing prior to lodgement.
• BIf the council decides the activity will have or is likely to have adverse effects on the…
• CIf the development has an estimated construction cost exceeding NZD $5 million.
• DWhenever the application is for a controlled activity status.

If a resource consent applicant refuses to provide further information requested under Section 92 of the RMA, what legal action can the council take?

• AThe council can notify the application or proceed to make a decision under Section 104 us…
• BThe council must issue a fine of up to $10,000 for non-compliance.
• CThe council can seize the land and reallocate it for public reserves.
• DThe council is legally forced to decline the application immediately without evaluation.

How does obtaining the written approval of a neighbor affect the assessment of environmental effects for a resource consent under Section 104(3)(a)(ii)?

• AThe council must automatically grant the consent without further assessment.
• BThe council must not have regard to any adverse effect of the activity on that person.
• CThe neighbor is barred from selling their property for the duration of the consent.
• DThe applicant is exempted from paying development contributions for that stage.

Under Section 104(1) of the Resource Management Act 1991, what is the primary directive for a consent authority when considering a resource consent application?

• AThe authority must prioritize local economic growth and employment over environmental out…
• BThe authority must defer to the political opinions of the local community board.
• CSubject to Part 2, the authority must have regard to environmental effects, national/regi…
• DThe authority must approve the application if it has been drafted by a Registered Profess…

What is the key difference between a Land Use Consent and a Subdivision Consent regarding their long-term permanence?

• AA land use consent is permanent, while a subdivision consent must be renewed every 5 year…
• BSubdivision consents only apply to commercial developments, while land use consents apply…
• CA subdivision consent is given permanent effect once the survey plan is deposited, wherea…
• DLand use consents are issued by regional councils, while subdivision consents are issued…

Under Section 108 of the RMA, which of the following is a valid condition that a council can attach to a subdivision consent?

• AA condition forcing the developer to use only unionized labor for construction works.
• BA condition requiring the developer to make a cash donation to the mayor's election campa…
• CA condition requiring the developer to construct a specific stormwater attenuation swale…
• DA condition stating that the developer cannot sell the finished lots to buyers of specifi…

What is the purpose of an Objection under Section 357A of the RMA?

• AIt is a legal suit filed in the High Court to challenge the constitutionality of the Dist…
• BIt allows an applicant to object to a council's decision or conditions on a non-notified…
• CIt is a public petition organized to stop a council from raising property tax rates.
• DIt is the process used by a competitor to block a supermarket development on economic gro…

Under Section 120 of the RMA, what is the standard time limit for an applicant or submitter to lodge an appeal to the Environment Court against a consent decision?

• A10 working days from the date of the decision.
• B20 working days from the date of the decision.
• C30 working days from the date of the decision.
• D15 working days from the date of receiving the decision.

Which of the following describes a 'Restricted Discretionary' activity in terms of notification?

• AIt is exempt from all notification requirements and must always be processed in secret.
• BIt must be publicly notified in all cases, regardless of the scale of environmental effec…
• CIt can be notified or non-notified, but the notification assessment is restricted to the…
• DIt can only be notified if the Minister for the Environment issues a direct fast-track wa…

Under Section 91 of the RMA, what authority does a consent authority have if they receive an application but believe other consents are also required for the proposal?

• AThe council must immediately decline the application and report the planner to the regist…
• BThe council can grant the consent but must take a 50% share of the developer's profit.
• CThe council is forced to pay for the drafting of the secondary applications.
• DThe council can defer processing the application until the further applications are lodge…

Under Section 37 of the RMA, a council may extend a time limit set by the Act. What is the limit of this extension without the applicant's agreement?

• AUp to double the standard time limit, provided the council considers special circumstance…
• BAn indefinite period, as long as the council is understaffed.
• CUp to 5 working days only, for administrative delays.
• DNo extension is ever allowed without the applicant's written agreement.

How did the Resource Management Amendment Act 2020 affect the 'public notification' test for residential subdivisions?

• AIt made all residential subdivisions over 5 lots subject to mandatory public hearings.
• BIt removed the automatic non-notification presumption for residential subdivisions, retur…
• CIt banned public notification for any housing project designed by a registered surveyor.
• DIt declared that all residential subdivisions are permitted activities and cannot be noti…

What is the legal implication of Section 104(3)(c) of the RMA regarding the granting of consent for an activity that would describe a trade competitor?

• AThe consent authority must not have regard to trade competition or the effects of trade c…
• BThe council must decline any consent that would reduce the market share of an existing lo…
• CThe council must force the new business to pay a compensation levy to the existing compet…
• DThe council must notify all competitors within a 10-kilometer radius before accepting the…

When a council evaluates a resource consent application for a Restricted Discretionary activity, what are the limits of the council's power to refuse consent or impose conditions?

• AThe council has unlimited powers to decline the application on any environmental grounds…
• BThe council can only refuse consent, or impose conditions, on matters to which it has res…
• CThe council cannot refuse consent under any circumstances, but has unlimited power to imp…
• DThe council must refer any refusal decisions to the Minister for the Environment for appr…

Under Section 128 of the RMA, under what circumstances can a regional or district council initiate a review of the conditions of an active resource consent?

• AWhenever a new council is elected and wishes to change the urban planning policies.
• BTo deal with any adverse effect on the environment which may arise from the exercise of t…
• COnly when the consent holder falls into bankruptcy or fails to pay property rates.
• DIf a neighbor files a formal complaint regarding the visual aesthetic of the development.

What is the legal effect of a land-use consent being granted 'subject to a volunteer condition' under Section 108AA of the RMA?

• AA condition can be imposed even if it would otherwise exceed the council's standard power…
• BThe condition is non-binding, and the developer can choose to ignore it during constructi…
• CThe condition must be implemented by community volunteers rather than hired contractors.
• DThe condition is illegal, and any consent containing it is void from inception.

Which New Zealand Standard is widely recognized as the primary design guide for land development and subdivision infrastructure?

• ANZS 3910.
• BNZS 3604.
• CNZS 4404.
• DNZS 4431.

In residential subdivision layout design, what is the preferred orientation for a lot's long axis to maximize solar energy access?

• AEast-West, to align with the prevailing westerly winds in New Zealand.
• BDiagonal at 45 degrees, to minimize shadows cast by streetlights.
• CNorth-South, so that backyards can face north to receive maximum sun throughout the day.
• DSouth-East, to maximize exposure to the morning southerly fronts.