Fast-track Approvals Act 2024

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

38: Minister may determine that project is priority

You could also call this:

"Minister can decide a project is important before someone asks for it"

The Minister can decide that a project is a priority before someone applies for it. This can happen if the person in charge of the project asks for it, or if the Minister thinks it's a good idea and the person in charge agrees.

If you want to ask the Minister to make your project a priority, you need to pay any fees first.

The Minister can only say a project is a priority if:

  1. The project needs to be done quickly
  2. There's a risk that the normal process might take too long
  3. There's no information suggesting that someone else might want to apply for the same thing

When the Minister makes a decision, they have to write to the person in charge of the project, the EPA, the panel convener, and sometimes the Director-General of Conservation to tell them what they decided and why.

If there's more than one person in charge of a project, any of them can ask for it to be made a priority or agree if the Minister suggests it.

If a project is made a priority, it might be handled differently when people are chosen to look at it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1015667.


Previous

37: Mining permit information may be lodged with relevant chief executive, or

"You can share mining permit details with the boss before applying"


Next

39: Minister may make determination under section 23 or 24, or

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

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

38Minister may determine that project is priority

  1. Before a substantive application is lodged for a listed project or a referred project, the Minister may determine that the project is a priority project—

  2. on application of the authorised person for the project; or
    1. on the Minister's own initiative but with the written agreement of that authorised person.
      1. The application must not be made unless any fee, charge, or levy payable under regulations in respect of the application is paid.

      2. The Minister may make the determination if the Minister is satisfied that—

      3. the project needs to be progressed urgently; and
        1. there is a risk that, if a substantive application for the project is lodged, a panel may not be set up within a period that reflects the urgency of the project; and
          1. there is no information before the Minister to indicate that the substantive application would have a competing application.
            1. The Minister must give written notice of a decision under this section, and the reasons for it, to—

            2. the authorised person; and
              1. the EPA; and
                1. the panel convener; and
                  1. if the substantive application is to seek an approval described in section 42(4)(f) (land exchange), the Director-General of Conservation.
                    1. If there is more than 1 authorised person for a project, any 1 of the authorised persons may, on behalf of all of them,—

                    2. make an application under subsection (1)(a); or
                      1. give the written agreement referred to in subsection (1)(b).
                        1. See section 50(2) (which relates to setting up panels for priority projects).

                        Notes
                        • Section 38(3)(c): editorial change made by the PCO, on , under sections 86(1) and 87(l)(i) of the Legislation Act 2019 (2019 No 58).