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Fast-track Approvals Act 2024

Fast-track approvals process - Miscellaneous provisions - Secondary legislation

117: Order in Council to amend authorised person in Schedule 2

You could also call this:

“Changing who's in charge of a project in the Fast-track Approvals Act”

You can change who is in charge of a project listed in Schedule 2 of the Fast-track Approvals Act 2024. Here’s how it works:

The Governor-General can make this change by Order in Council if the Minister recommends it. The Minister can recommend a change if someone applies for it.

To recommend a change, the Minister needs to be sure that the new person can do the project and has a good history of following the rules.

If you want to apply to be in charge of a project, you need to tell the Minister:

  • Why you’re interested in the project
  • If you own or have rights to use the land for the project
  • If you’ve ever broken any rules related to the project, and what happened
  • That you’re allowed to apply for all the approvals needed for the project

If more than one person wants to be in charge, they need to give this information for each person.

The Minister can only recommend the change if all the people who would be in charge together can do the project and have followed the rules in the past.

When the Governor-General makes this change, it becomes a law that everyone needs to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1001298.

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116: Regulations, or

"Rules that explain how the Fast-track Approvals Act 2024 works"

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118: Order in Council to amend Schedule 4, or

"The Minister can suggest changes to Schedule 4, but only the Governor-General can make them official"

Part 2 Fast-track approvals process
Miscellaneous provisions: Secondary legislation

117Order in Council to amend authorised person in Schedule 2

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 to change the authorised person for a listed project.

  2. The Minister may make the recommendation on application if the Minister is satisfied, after considering the application, that—

  3. the proposed authorised person (the person) is capable of undertaking the project; and
    1. it is appropriate for the person to do so based on their compliance history under the specified Acts.

      1. An application must set out—

      2. the person’s interest in the listed project; and
        1. the person’s legal interest (if any) in the land that comprises the project area; and
          1. a summary of compliance or enforcement actions (if any), and the outcome of those actions, taken against the person under a specified Act (together with confirmation of that summary from the relevant authorities); and
            1. evidence that—
              1. the person would be eligible to apply for every approval under a specified Act that corresponds to an approval that is to be applied for under this Act for the project; and
                1. if the approvals that are to be applied for under this Act include an approval described in section 42(4)(n) (mining permit), the conditions in section 42(11) would be met.

                2. For the purposes of subsection (2), if there is, or there is proposed to be, more than 1 authorised person for a listed project, the Minister must be satisfied that, considered together, the persons who would be the authorised person or persons for the project after the Order in Council comes into force meet paragraphs (a) and (b) of that subsection.

                3. If an application under this section is lodged by more than 1 person,—

                4. the application must set out the information required by subsection (3)(a) to (c) for each person; and
                  1. for the purposes of subsection (3)(d)(i), the application must set out evidence that each person would be eligible to apply for each approval under a specified Act that corresponds to an approval that the person is proposed to hold for the project under this Act.

                    1. An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    Notes