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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 the Minister takes over the decision on your application”

If a decision is called in or transferred to the appropriate Minister, here’s what happens:

The panel will still process your application, but instead of making a final decision, they will give a recommendation to the Minister. The Minister will then make the final decision.

Before the Minister makes their decision, they need to follow some rules. If they want to say no when the panel said yes, or if they want to say yes when the panel said no, they have to do some extra steps.

The Minister can ask for more information from different people to help them make their decision. They can ask the panel, you (if you’re the one who applied), the local council, other agencies, or anyone else who was asked to comment on the application.

When the Minister is making their decision, they have to follow the same rules as the panel would. They step into the panel’s shoes, so to speak. But they can also use any extra information they’ve asked for.

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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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75: Panel may transfer decision to appropriate Minister, or

"Panel can let the right Minister decide if they're unsure about risks"

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77: Panel informs appropriate Minister of proposed decision, or

"Panel tells Minister about their planned decision and reminds them they can take over"

Part 2 Fast-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.