Fast Track Approvals Act 2024

How to apply

There are two main routes for projects to be eligible for fast-tracking. Firstly, Schedule 2 of the Act lists 149 projects for which a substantive consent application can be made directly to the Environmental Protection Authority (EPA). These include projects in the following sectors: infrastructure (43), housing and land development (58), renewable energy (22) and mining (11).

Secondly, if you have a project that is not one of the listed projects, you can make a referral application to the EPA; it will refer the application to the Minister of Infrastructure if it is complete and within the scope of the Act. Any referred projects must have significant regional or national benefit. The minister must consider whether referring the project for the fast track approvals process will facilitate its development and would materially affect the operation of the approval process as a whole.

What projects are ineligible?

Offshore renewal energy projects, offshore petroleum decommissioning activities or activities relating to certain types of Māori land (without the approval of all landowners) are among the projects not currently eligible for fast track approval.

Who makes the decision?

Expert panels will ultimately decide whether applications are approved. These panels will be appointed by a panel convenor, who is in turn appointed by the minister. Currently one panel convenor and two associate panel convenors have been appointed.

Timeframe for a decision

There are a few steps involved, each of which has a timeframe:

1. The EPA must provide the application to the panel convenor within 15 working days of receiving it
2. Once the panel has been appointed, the panel must invite written comments within 10 working days of that appointment
3. Any person invited to make a comment must do so within 20 working days of receiving the invitation, and
4. The panel convenor is responsible for setting the timeframe for the date the panel must issue its decision. If no timeframe has been set, the panel must issue its decision within 30 working days after comments from invited parties are received. Therefore your application should indicate what decision-making timeframe is required, taking into account the scale and complexity of the project.

The factors that could delay this process are the time taken to receive a ministerial decision on a referral application and the appointment of a panel by the panel convenor.

Can we jump the queue?

The Act provides for the minister to determine a project to be a ‘priority project.’ A panel for that priority project will be established in priority to other projects already lodged to enable the application processing to be expedited.

Can affected parties object to applications?

There will not be any public notification of applications or any right to lodge a submission in relation to an application. However, affected persons, iwi, relevant ministers and government departments will be invited by the panel to comment on the application. As we’ve noted above, those invited parties have only 20 working days to provide comment on applications. There is also no requirement to hold a hearing, but the panel may choose to do so.

Treaty of Waitangi

The legislation requires all persons exercising functions under the Act to act consistently with the obligations arising from Treaty of Waitangi settlements and customary rights recognised under relevant legislation. It also mandates engagement with particular Māori groups or interests at various stages of the application and decision-making process.

Application declined?

Before a panel can decline your project, it must first provide you with a copy of their draft decision to give you the opportunity to amend your proposal. 

For example, you will be able to withdraw parts of your application, propose changes to the project or to the proposed conditions. The panel can only decline your application if it decides that the adverse impacts of your proposal are sufficiently significant to outweigh the benefits. You can only appeal a decision to decline your application on a point of law.

Can a successful application be appealed?

Similar to your ability to appeal a negative decision, any appeals in relation to a successful application are limited to points of law and can only be made by the relevant local authority, the Attorney General, any persons with an interest greater than the public generally and anyone who provided written comments on your application. 

The timeframe to apply for a judicial review of a decision is limited to 20 working days after the publication of the decision.

How much will fast tracking cost?

While the fast track process offers potential time savings it comes with substantial processing fees; these are anticipated to be close to $400,000. This is, of course, in addition to the costs of obtaining professional advice in preparing and presenting the application.

Issues about the Act?

A number of parties have raised concerns that the environmental impacts of projects will be ignored or undervalued in the interests of expediency and meeting economic objectives. Others have questioned whether the government will be able to establish a sufficient number of expert panels to meet the demand. Failure to do so could undermine the Act’s aim to speed up the approvals process.  

Looking ahead

The Fast Track Approvals Act certainly represents a significant shift in New Zealand’s approach to infrastructure and development project approvals. Time will tell whether the government will resource the fast track process sufficiently to dramatically cut the time process. It will also test whether the legislation will meet the government’s objective of accelerating economic growth in a way that does not materially harm New Zealand’s natural environment. Its success will no doubt be measured not only by the speed of the project approvals, but also by the quality of the resulting developments.

If you have a project that you believe could benefit from the new fast track process, please let us know as we can help prepare your application. 

 Read the full issue here