New Fast Track Approvals Bill

On its 99^th day in office, Cabinet approved the introduction of the Fast-track Approvals Bill (Bill) to the House for its First Reading. This Bill is intended to provide for a new fast-track consenting pathway that will be a ‘one-stop-shop’ for consenting and permitting processes for projects which have ‘significant national or regional benefits’. The Bill establishes a single decision-making process for approvals (and bundles of approvals) under a wide range of legislation beyond the RMA, including specifically identified approvals under the Conservation Act 1987, Wildlife Act 1953, Freshwater Fisheries Regulations 9183, Reserves Act 1977, Heritage NZ Pouhere Taonga Act 2014, Crown Minerals Act 1991, Public Works Act 1981 and Fisheries Act 1996. 

In particular, the Bill looks to hasten the consenting process for significant housing and infrastructure projects, which are particular issues within the Queenstown Lakes District.

The process and decision-making criteria

The Bill has passed its first reading in the House under urgency and will now be sent to the Select Committee for public submissions. The closing date for submissions is Friday, 19 April 2024, and can be made here: make a submission.

The Bill will allow for nationally or regionally significant developments to progress either by way of Ministerial referral, or by specific listing in the Bill itself. No specific projects are yet listed in the Bill; however, it is anticipated that calls for nominated projects will be announced by Government in the coming weeks.

Referred or listed projects will be assessed by an expert panel, which makes recommendations to the responsible Minister, who then has the power to approve these projects. Some of the key process steps include: 

• Applications to the fast-track process are made to the responsible agency (currently identified as MfE and MBIE), which will provide the application and a report on it to the Ministers. Ministers make the determination on referral to an expert panel, not the agencies.
• In considering whether a development is ‘nationally or regionally significant’ such that it can be referred for the fast-track process, there is no definition, but clause 17(3) and (4) provide a list of examples which Ministers may consider, such as how the proposal will deliver significant economic benefits, increase housing supply, support primary industries, or support climate change and natural hazard mitigation.
• The process can be used for prohibited activities (but Ministerial discretion is provided for referral to an expert panel to be declined on that basis).
• Public or limited notification is not permitted, but expert panels may seek comment from Māori, local government, requiring authorities and landowners.
• The process of expert panel consideration and recommendations is supposed to take less than 6 months.
• Ministers can refer projects back to the expert panel if the suggested conditions are deemed ‘too onerous’, and back to the original applicant to amend the application.
• The key decision-making criteria in approving or declining a project, will be the purpose of the Bill: ‘to provide a fast-track decision-making process that facilitates the delivery of infrastructure and development projects with significant regional or national benefits’which overrides considerations in existing legislation. For resource consent application, after considering the purpose of the Bill, there is a descending order of weighted other considerations, being:
  • The purpose of the RMA as set out in section 5.
  • Matters for consideration in section 6 of the RMA.
  • Matters for consideration in section 7 of the RMA.
  • The provisions of any relevant national direction, operative and proposed policy statements and plans, iwi management plans, Mana Whakahono ā Rohe and joint management agreements.
  • Finally, 'the relevant provisions of the RMA or other legislation that direct decision making under the RMA'. Examples provided are section 104-107 of the RMA.

Comparison to Covid Fast Track Consenting

This Bill represents a similar ‘RMA-bypass’, to the previous Covid Fast-Track consenting pathway. The key difference being that the Environmental Protection Authority (EPA) is replaced as decision maker by responsible Ministers (with infrastructure, regional development, transport, and conservation portfolios (as applicable)).

Want to know more?

If you have any questions relating to the Fast Track Approvals Bill, or you would like to know how this process could affect you, please contact our Resource Management and Local Government team.