The document discusses New Zealand's Resource Management Act of 1991 and its principles of sustainability, protecting natural resources, and preventing environmental harm. It also discusses the City of Lower Hutt District Plan and whether various proposed land uses would be permitted under the plan.

1. RES421 Law For Real Estate Licensees
Answer:
Task 1: Resource Management Act 1991
What is the purpose of the Resource Management Act 1991?
The Resource Management Act 1991 represents an act of parliament enacted in 1991 that
seeks to promote the country’s sustainable use and management of physical and natural
resources. The Act seeks to maximize and sustain the potential benefits of physical and
natural resources to continue tending for the needs of future’s and current generations
while also protecting the purity and abundance of the water we use, the air we breathe,
ecosystem and the soil and lastly developing Preventive And Mitigative Techniques to avoid
and remedy the effects of harmful activities on the environment. The Act also provides a
legal basis for the adoption of local, regional, and national laws for the protection of land,
environment, and natural resources
What are the three main principles of the Act? For each principle, explain to Cindy three
things landowners need to consider, giving an example for each. Include reference to the
sections of the Act.
The development of the Resource Management Act was pillared on the following three
principles that form the basis and guide for landowners and developers in their pursuit to
develop their pieces of land. The first principle is the principle of sustainability. This means
that the Act promotes the prudent use of land and other natural resources to ensure the
current and future generations will maximally benefit. For example, section 9 of the Act
prohibits an individual from using their lands in a manner that goes against the national
environment protocols, regional and district rules unless one acquires a specific land
consent. The second principle is safeguarding the purity and abundance of the air, water,
soil, and ecosystem. For example, in Section 86B (3), the Act promotes the adoption of
development plans that promote the protection of land, aquatic life, indigenous fauna,
vegetation, and historical heritage. Lastly, the principle of prevention, mitigation, and
remedying of harmful human activities against the environment, land, and air seeks to
ensure that the relevant national, local and regional authorities adopt a mechanism that
conserves the environment, soil, and the ecosystem. Through section 42B, the Act

2. establishes The Environment Protection Authority. It mandates it to implement and police
land protection and the environment by adopting policies and mechanisms that prevent,
remedy, and mitigate adverse effects on the environment. Therefore, in consideration of this
Act, landowners should consider adopting development plans that promote sustainability,
safeguard and adhere to all standards provided by the Environment Protection Authority,
such as acquiring land use consent or building consent.
The Act covers which six elements of the environment? Give two examples of relevant
restrictions, controls, or applied obligations for each.
The Resource Management Act primarily focuses on six primary components of the
environment, namely:
Land: In section 176, Effects of Designation restricts an individual from using land
earmarked for public development or conservation unless they acquire written consent
from the respective authorities. Prohibited activities include but are not limited to
subdivision, usage, or change of the character or intensive of the land. Every section of the
Act also obligates a landowner to acquire written consent before using the land.
Coastal Marine Area: section 12 (2) prohibits any individual from (a) occupying marine
areas and (b) removing sand from the seabed
River and lake beds: section 13 of the Act prohibit people from (a) erecting, altering, or
extending any structure to obstruct river and lake beds, and (d) prohibits any individual
from dumping any substances in the said beds.
Water: under subsection 14 of the Act, an individual is not permitted to obstruct, divert, or
dam any water from the sea, river, or dams unless they have resource consent and are only
allowed to use a responsible quantity of freshwater for domestic use.
Discharges: People are prohibited by subsection 15 from discharging any forms of
contaminants to the environment, air, or water.
Noise: subsection 16 of the Act obligates every person to avoid or prevent the emission of
unreasonable noise to the environment.
Task 2: District Plan
The impact of the City of Lower Hutt District Plan on:
A house with a maximum height of 7.5 meters and net site coverage of 33% in the Hill
Residential Activity Area.
Section 18.15 of the City of Lower Hutt District Plan provides that the maximum height of
any building within the area shall not exceed 8meters and sections 18:12 provides that side
boundaries for constructions within conservation and residential areas should be 3M on
both sides; therefore, the above building can be permitted.
A service station in the Central Commercial Activity Area.

3. The Plan provides that service stations other than mechanical servicing and repairs, which
does not include bus and truck, should be done within a building structure, which means
that such is permitted within the Central Business Activity area.
A k?hanga reo (M?ori language preschool) for up to 10 children in the General Residential
Activity Area.
Section 4A 1.1.4 of the Plan provides guidelines for non-residential activities permitted
within residential areas citing that some non-residential activities are essential for
convenience and providence of basic needs. For example, basic school structures and
daycare centers are among the non-residential area activities permitted. Therefore, this is
permitted.
A boarding kennel on a 2-hectare site in the Rural Residential Activity Area.
Rule 4.7.6B(b)(i) of the City plan provides that any commercial activities involving over
three persons in Rural Areas are considered discretionary activities (this is only applicable
if there are more than three people involved in the commercial activity on the property). A
breach of this rule will also trigger a requirement to obtain resource consent for a
discretionary activity, and Rule 4.7.6A(d) provides that any “intensive farming” should not
be located within 2km of any rural or urban residential areas or 500m of neighboring
quoters. Therefore, the above cannot be permitted.
A 15-meter-high office complex in the General Business Activity Area.
Section 6A 2.1.1(B) states that the maximum height for buildings constructed within the
General Business Area shall not exceed 12m; therefore, the proposal to construct a 15M
high office complex is illegal and not permitted.
Task 3: Building Law
Email to Cory
Email to Cory and Krystal
Email to Nalini
References
Council, C. R. (2011). Resource Management Act 1991.