Fast-track consenting

Because the Fast-track Approvals regime is essentially a ‘one-stop-shop’ for various acts, the range of projects can relate to any combination of the below:

• The Resource Management Act 1991 (RMA) 
• The Wildlife Act 1953 
• The Conservation Act 1987 
• The Reserves Act 1977 
• The Freshwater Fisheries Regulations 1983 
• The Heritage New Zealand Pouhere Taonga Act 2014 
• The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 
• The Crown Minerals Act 1991 
• The Public Works Act 1981. 

The role of local authorities is limited, with very few touch points with the application’s life from start to finish. Councils can provide input to the applicants prior to their referral and substantive application lodgement (Pre-Lodgement), this generally relates to infrastructure matters.

The EPA as directed by the expert panel may also invite Council(s) during the substantive application process to provide comments should something be required.

The Ministry's core function as responsible agency is to assess referral applications and provide advice to the Minister for Infrastructure to inform his decisions on referral applications.

The Ministry receives the referral application from the applicant and assesses it for completeness and eligibility. It will also prepare a report on Treaty Settlements and other obligations for each project application.

In addition to supporting the Minister for Infrastructure, the Ministry for the Environment is responsible for advising relevant Ministers (including the Minister for Climate Change) who may exercise powers, functions and duties under the Fast-track Act. Comments must be invited from the Minister for the Environment at both referral and the substantive application stage.

The Environmental Protection Authority’s responsibilities include:

• making decisions on whether applications are complete and within scope.
• coordinating all information and approvals required from various regulatory agencies and authorities.
• managing the cost-recovery process.

It is not involved in the decision-making process (expert panels make the decisions to approve or refuse consents and whether to impose conditions). 

The EPA also provides advice and administrative and secretariat support to the panel conveners and expert panels.

At the panel’s direction, the EPA will obtain reports and advice or invite comments from agencies to support the expert panels in their decision making.

The EPA is establishing a new Fast-track function and processes to administer fast-track consenting under the Fast-track Approvals Act. This includes:

• an application portal
• website
• time-sheeting solution.

The Fast-track function will operate as a cross-government ‘one-stop shop,’ independent from the EPA’s environmental regulation role.

Anyone can apply. If you wish to apply there is a dedicated website for this.

The Government and its agencies do not subsidise Fast-track consenting. Applicants will pay fees to cover the actual and reasonable costs incurred by government agencies, local authorities, panel conveners and expert panels when processing each application.

The Act also allows for the creation of regulations that may impose a levy, payable to the Environmental Protection Authority, to cover certain costs. These include, but are not limited to, the expenses of the EPA or panel not otherwise covered under regulations. This also includes costs incurred by the Minister, EPA, agencies or a panel or panel convenor in relation to appeals or other legal proceedings under the Act.

Appeal rights belong to those contained within the act and can relate to only points of law. The public will not be able to appeal any decision the Minister makes on referral applications or that the expert panel makes on substantive applications. 

No, Local authorities will not seek feedback from the community, as this is not legislated under the Act.

The process for Referral and Substantive application (Pre-Lodgement) engagement is outlined in section 11:

Applicants need to consult with various organisations before applying for referral. These depend on the location and project activities. They include the relevant local authorities; the relevant administering agencies; any relevant iwi authorities, hapū, and Treaty settlement entities; and others. This does not include the general public.

Under section 53 the Expert Panel may direct the EPA to invite written comments on substantive applications, no later than 10 working days after the expert panel is set up. This can include the affected and adjacent landowners and whoever the Panel deems as appropriate. 

Under section 53 the Expert Panel may direct the EPA to invite written comments on substantive applications, no later than 10 working days after the expert panel is set up. This can include the affected and adjacent landowners and whoever the Panel deems as appropriate. Otherwise, there are no conventional forms of engagement for the public.

Local authorities (Councils) have no legislative decision-making powers in regard to applications being declined or accepted; merely to provide guidance and information when required. The acceptance of referral and/or substantive applications lies with the Minister of Infrastructure and expert panel, respectively.

Once the application has been received in full by the expert panel, the panel convenor is responsible for setting the timeframes for when the panel must issue its decision by. If no timeframe is set, the panel must issue its decision within 30 working days after comments from invited parties are received.

Yes, the applicant may apply to the Council(s) under the RMA for its resource consents, this may be for either subdivision, land use, or both. Whereas the Fast track process is a ‘one stop shop’ where applicants can apply for all consents/approvals from a range of different agencies in one go.