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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Minister may determine that certain activities are not ineligible when making referral decision

24: Minister may determine that electricity infrastructure on certain Schedule 4 land or in national reserve is not ineligible activity

You could also call this:

“Minister can allow some electricity projects in protected areas”

When deciding about a project, the Minister can choose to allow certain electricity activities in special areas that are usually off-limits. These activities include maintaining, upgrading, or continuing to operate existing electricity infrastructure, or building new power lines.

For existing infrastructure, the Minister can approve it if it’s on eligible land and won’t make things much worse than they already are. Eligible land includes most protected areas listed in Schedule 4, except for marine reserves. It also includes national reserves under the Reserves Act 1977.

For new power lines, the Minister can approve them if they’re on eligible land and there’s no other practical place to put them. Eligible land includes most areas in Schedule 4, but not some very special places like wilderness areas or marine reserves. It also includes national reserves under the Reserves Act 1977.

The Minister doesn’t have to approve these activities, even if they meet the requirements. They can say no for any reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1001159.

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Part 2 Fast-track approvals process
Referral of project to fast-track approvals process: Minister may determine that certain activities are not ineligible when making referral decision

24Minister may determine that electricity infrastructure on certain Schedule 4 land or in national reserve is not ineligible activity

  1. In making a decision under section 21, the Minister may determine under subsection (2) or (4) that, for the purposes of the project, an activity described in section 5(1)(h) or (i) is not an ineligible activity.

  2. The Minister may make a determination under this subsection if—

  3. the activity is the maintenance, upgrading, or continued operation of existing electricity infrastructure; and
    1. the activity would occur on eligible land; and
      1. the Minister is satisfied that the activity would not materially increase the scale or adverse effects of the existing electricity infrastructure.

        1. For the purposes of subsection (2), eligible land means,—

        2. for an activity described in section 5(1)(h), land listed in an item of Schedule 4 other than item 7 (marine reserve):
          1. for an activity described in section 5(1)(i), land that is within a national reserve held under the Reserves Act 1977.

            1. The Minister may make a determination under this subsection if—

            2. the activity is the construction and operation of new electricity lines; and
              1. the activity would occur on eligible land; and
                1. the Minister is satisfied that it would not be practical or reasonable to undertake the activity on other land.

                  1. For the purposes of subsection (4), eligible land means,—

                  2. for an activity described in section 5(1)(h), land listed in Schedule 4 other than—
                    1. land listed in item 1 of that schedule (national park) that is a specially protected area or wilderness area as those terms are defined in section 2 of the National Parks Act 1980:
                      1. land listed in item 2, 4, 5(a), 7, or 8 of that schedule (nature reserve, wilderness area, marine reserve, or Ramsar site):
                      2. for an activity described in section 5(1)(i), land that is within a national reserve held under the Reserves Act 1977.

                        1. The Minister may decline to make a determination under this section for any reason.