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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 make a project important before anyone asks”

The Minister can decide that a project is a priority before someone applies for it officially. This can happen if the person in charge of the project asks for it, or if the Minister decides on their own but gets written agreement from that person.

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

The Minister can only make a project a priority if they think:

  1. The project needs to be done quickly
  2. There’s a risk that it might take too long to set up a group to look at the project
  3. No one else is trying to do the same project

When the Minister makes a decision, they have to write to the person in charge of the project, the Environmental Protection Authority, the person who leads the group looking at projects, and sometimes the head of the Department of Conservation.

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.

There are special rules for setting up groups to look at priority projects.

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

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Part 2 Fast-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 be 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).