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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Role of appropriate Minister in relation to concessions, land exchanges, and access arrangements

76: Process if decision is called in by, or transferred to, appropriate Minister

You could also call this:

"What happens when a Minister takes over a decision-making process"

Illustration for Fast-track Approvals Act 2024

If a decision is called in or transferred to the appropriate Minister, you need to follow a process. This process starts when the decision is called in under section 74 or transferred under section 75. A panel will then work on the application.

The panel will process the application and make a recommendation to the Minister. Instead of making the final decision, the panel will suggest what they think the decision should be, based on section 81. They will write this recommendation in their decision document, as required by section 87.

After the Minister gets the panel's recommendation, they will make a decision on the application. The Minister must follow section 81 when making this decision. Before making the decision, the Minister must also follow certain rules, such as sections 69 and 72, if they want to decline an approval that the panel recommended.

The Minister can ask for more information or advice from the panel, the person who applied, a local authority, or an administering agency. They can also ask someone who was invited to comment under section 35 or 53. When the Minister is making their decision, some other sections of the law, like sections 69, 70, and 81 to 89, will also apply to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1003784.

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Part 2Fast-track approvals process
Panel consideration of substantive application: Role of appropriate Minister in relation to concessions, land exchanges, and access arrangements

76Process if decision is called in by, or transferred to, appropriate Minister

  1. This section applies if a decision is called in under section 74 or transferred to the appropriate Minister under section 75.

  2. A panel must,—

  3. in accordance with this subpart, process the substantive application to which the decision relates; but
    1. instead of making the decision under section 81, set out in the panel's decision document under section 87, as a recommendation for the appropriate Minister, the decision that the panel would have made under section 81.

      1. After receiving notice of the panel's recommendation under section 88, the appropriate Minister must make a decision on the approval in accordance with section 81.

      2. Before making the decision under subsection (3), the appropriate Minister must—

      3. comply with sections 69 and 72 if the appropriate Minister proposes to decline an approval that the panel recommended be granted:
        1. comply with sections 70 and 72 if the appropriate Minister proposes to grant an approval that the panel recommended be declined.

          1. For the purpose of making the decision under subsection (3), the appropriate Minister may request further information or advice from—

          2. the panel:
            1. the applicant (or, if the substantive application is lodged by more than 1 authorised person, any of those persons):
              1. a relevant local authority:
                1. a relevant administering agency:
                  1. any person or group invited to provide comments under section 35 or 53.

                    1. For the purposes of subsections (3) and (4), sections 69, 70, 72, 81 to 89, 99, and 100 and Schedules 6 and 11 apply with any necessary modifications and, unless the context otherwise requires, as if—

                    2. a reference in those sections and schedules to a panel were a reference to the appropriate Minister; and
                      1. section 81(2)(a) also referred to subsection (5) of this section.