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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Further information, etc

68: Panel may request or commission advice on concession, land exchange, or access arrangement

You could also call this:

“Panel can ask for extra information about land use requests”

When someone applies for approval related to a concession, land exchange, or access arrangement, a panel can ask for more information. Here’s what you need to know:

The panel can tell the EPA (Environmental Protection Authority) to do two things:

  1. Ask for advice from the Director-General of Conservation or the chief executive of Land Information New Zealand about any important issues.

  2. Get advice about any risks or potential problems for the government related to the approval.

When the EPA gets this advice, they have to share it with the panel, the person who applied, and anyone who commented on the application. However, they can keep some information secret if there’s a good reason to.

If the EPA asks for advice about risks to the government, they have to pause the application process. They’ll let everyone involved know when they’ve paused and when they start again.

While the process is paused, the panel and other people working on the application also have to stop their work. They can start again when the EPA tells them to.

This rule doesn’t stop the panel from getting other information they might need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1001173.

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67: Panel may request further information or report, or

"The panel can ask for more details or reports to help them decide"

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69: Panel provides draft decisions to applicant before declining approval, or

"Panel tells you their plan to say no and asks for changes before making final decision"

Part 2 Fast-track approvals process
Panel consideration of substantive application: Further information, etc

68Panel may request or commission advice on concession, land exchange, or access arrangement

  1. This section applies if a substantive application seeks an approval described in section 42(4)(e), (f), (l), or (m) (concession, land exchange, or access arrangement).

  2. At any time before a panel makes its decisions under section 81 on a substantive application, the panel may direct the EPA to—

  3. request advice from the Director-General of Conservation or the chief executive of Land Information New Zealand, as relevant, on any issue relating to an approval referred to in subsection (1) that the panel considers relevant:
    1. commission advice on any risks to, or potential liabilities of, the Crown in relation to an approval referred to in subsection (1).

      1. The EPA—

      2. must provide electronic copies of any advice it receives under this section to—
        1. the panel; and
          1. the applicant; and
            1. every person or group that provides comments under section 35 or 53; and
            2. in complying with paragraph (a)(ii) and (iii), may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 if the information were requested under that Act.

              1. If the EPA commissions advice under subsection (2)(b),—

              2. processing of the substantive application is suspended until the EPA receives the advice; and
                1. the EPA must give notice of the suspension and resumption of the processing to—
                  1. the panel; and
                    1. the relevant local authorities; and
                      1. the applicant; and
                        1. if advice or a report has been requested from a person under section 51 and is yet to be provided to the EPA, that person; and
                          1. if a recommendation has been requested from the relevant chief executive under section 48 and is yet to be made, the relevant chief executive; and
                            1. if persons or groups have been invited to provide comments under section 35 or 53, those persons or groups.

                            2. The panel and a person referred to in subsection (4)(b)(iv) or (v) must—

                            3. suspend processing of the substantive application if they receive notice of the suspension; and
                              1. resume processing of the substantive application if they receive notice of the resumption.

                                1. This section does not limit section 67.