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Fast-track Approvals Act 2024

Fast-track approvals process - Steps before lodging substantive application - Ministerial powers

39: Minister may make determination under section 23 or 24

You could also call this:

“Minister can decide if an activity is allowed before someone applies for a project”

The Minister can decide that an activity is not ineligible before someone applies for a listed or referred project. You need to ask the Minister to do this by giving information to the responsible agency. You have to pay any fees before you can ask. The Minister will tell you and other important people their decision in writing. You can’t apply for your project until you get the Minister’s decision. If there’s more than one person in charge of the project, any of them can ask the Minister. The Minister can still make this decision when they’re deciding whether to refer a project. This doesn’t change the Minister’s ability to make decisions about eligibility when they’re considering whether to refer a project.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1005726.

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Part 2 Fast-track approvals process
Steps before lodging substantive application: Ministerial powers

39Minister may make determination under section 23 or 24

  1. Before a substantive application is lodged for a listed project or a referred project, the Minister may determine under section 23 or 24 that an activity is not an ineligible activity.

  2. The Minister may make the determination only on receiving an application that—

  3. is lodged with the responsible agency by the authorised person for the project; and
    1. contains the information described in section 13(4)(p), (q), or (r), as applicable.

      1. The application for the Minister’s determination must not be lodged unless any fee, charge, or levy payable under regulations in respect of the application is paid.

      2. The Minister must give written notice of their decision on the application, and the reasons for it, to—

      3. the authorised person; and
        1. the EPA; and
          1. the panel convener; and
            1. any iwi authorities or Treaty settlement entities (other than those that must be notified under paragraph (g)) that the Minister considers have an interest in the matter; and
              1. the relevant administering agencies; and
                1. if the determination is made under section 23, the owners of the land; and
                  1. if the decision relates to a referred project, anyone invited to comment on its referral application.

                    1. The proposed substantive application must not be lodged until the authorised person receives notice of the Minister's decision.

                    2. If there is more than 1 authorised person for a project, any 1 of the authorised persons may lodge the application under subsection (2) on behalf of all of them.

                    3. For the purposes of subsection (1), sections 23 and 24 apply—

                    4. as if the words In making a decision under section 21 were omitted from sections 23(1) and 24(1); and
                      1. with any other necessary modifications.

                        1. To avoid doubt, this section does not affect the Minister’s ability to make a determination under section 23 or 24 when making a decision on a referral application under section 21.