Understanding the Resource Management Act 1991 - A Guide for Real Estate Licensees

Background

You work in a real estate agency in your local area. Your office is working with a real estate developer who has resource consent to develop a greenfield subdivision called Mata? Valley. The subdivision will have a mixture of housing types. There will be a small retail and commercial centre. Task 1: Resource Management Act 1991You have a customer, Cindy, who has recently emigrated to New Zealand and is hoping to buy a home in Mata? Valley. She explains to you that one of the main reasons she chose to move her family to New Zealand was because of the ‘clean and green’ image of this country.

2© TheOpenPolytechnicofNewZealandRES421 Law for real estate licensees/A11Assignment‘It’s very different from where I’ve come from. There everything is crowded and there’s hardly any sign of the natural world left, because it’s all concrete and steel! What’s the secret of this country?’ Cindy asks. Using your own words, explain to Cindy the main principles and objectives of the Resource Management Act 1991. To do this, answer these questions:(a) What is the purpose of the Act?Your answer should be approximately 50–75 words.(b) 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. Your answer should be approximately 75–125 words.(c) The Act covers which six elements of the environment? For each, give twoexamples of relevant restrictions, controls, or obligations that are applied. Your answer should be approximately 125–175 words.Task 2: District plansA council officer visits your office to give a talk about how council planning affects the local area. During the talk she discusses some of the enquiries the council have received about the new subdivision. These include:(a) A house with a maximum height of 7.5 metres, and a net site coverage of 33% in the Hill Residential Activity Area. (b) A service station in the Central Commercial Activity Area.(c) A k?hanga reo (M?ori language preschool) for up to 10 children in the General Residential Activity Area.(d) A boarding kennel on a 2-hectare site in the Rural Residential Activity Area. (e) A 15-metre-high office complex in the General Business Activity Area.Refer to the extracts from the City of Lower Hutt District Plan provided to identify whether all facets of these activities would be allowed. Give reasons for your answers, with the relevant rule number(s) from the District Plan.Your answer for each should be approximately 25–50 words.Task 3: Building lawCory and Krystal Key are selling their first home, which they purchased 17 years ago. You have recently listed the property. As their family grew they needed more space, so 5 years ago they had added an extension of two bedrooms, a second bathroom and a second lounge. Two weeks ago you introduced Balvinder and Nalini Singh to the property, and they are now very keen to purchase it. As part of their research, they visited the local council. The council advised that the extension doesn’t have a code compliance certificate.