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Fast-track Approvals Bill

Preliminary provisions

4: Interpretation

You could also call this:

“Explaining important words used in the Fast-track Approvals Bill”

This section explains important terms used in the Fast-track Approvals Bill. Here’s what you need to know:

The act defines many terms related to government agencies, Māori land and entities, environmental areas, and the approval process. Some key points are:

  • An “administering agency” is a government department responsible for managing a specific law.

  • “Approval” refers to the decision made under this act.

  • “Identified Māori land” includes several types of land connected to Māori ownership or cultural significance.

  • A “panel” is a group of experts appointed to review projects.

  • “Projects” can be listed in the act or referred to the fast-track process later.

  • “Specified Acts” are other laws that this act works with, like conservation and resource management laws.

  • “Treaty settlement” refers to agreements between the government and Māori groups to resolve historical claims.

If a term isn’t defined in this act, it might be defined in other laws like the Resource Management Act or Marine and Coastal Area Act. If it’s still not defined, it will have the same meaning as in the relevant specified act.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943260.

Topics:
Environment and resources > Town planning
Government and voting > Government departments
Māori affairs > Māori land
Māori affairs > Treaty of Waitangi

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Part 1 Preliminary provisions

4Interpretation

  1. In this Act, unless the context otherwise requires,—

    administering agency

    1. means a department that, with the authority of the Prime Minister, is responsible for the administration of a specified Act; and
      1. includes,—
        1. in relation to the Heritage New Zealand Pouhere Taonga Act 2014, Heritage New Zealand Pouhere Taonga:
          1. in relation to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the EPA:
            1. in relation to the Crown Minerals Act 1991,—
              1. the Department of Conservation, if the appropriate Minister for the relevant land is or includes the Minister of Conservation:
                1. Land Information New Zealand, if the appropriate Minister for the relevant land is or includes the Minister of Lands

              appropriate Minister has the meaning given in section 2A of the Crown Minerals Act 1991

                approval has the meaning given in section 24C(3)

                  approval under a specified Act means a matter under a specified Act that corresponds to an approval under this Act

                    aquaculture decision means a determination or a reservation made by a panel under clause 16 of Schedule 4

                      authorised person means,—

                      1. in relation to a Part A listed project or a Part B listed project, the authorised person specified for the project in Schedule 2 :
                        1. in relation to an unlisted project, the authorised person specified for the project under section 23(2)

                          chief executive has the meaning given in section 2(1) of the Fisheries Act 1996

                            conservation area has the meaning given in clause 17 of Schedule 5

                              Conservation Board has the meaning given in section 2(1) of the Conservation Act 1987

                                Crown-owned reserve has the meaning given in clause 17 of Schedule 5

                                  customary marine title area means a customary marine title area as defined in—

                                  1. section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
                                    1. section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

                                      customary marine title group means—

                                      1. a customary marine title group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
                                        1. a customary marine title hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

                                          determination, in relation to an approval described in section 24C(3)(a) (resource consent), means a decision by the panel or a recommendation by the chief executive that they are satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing

                                            fast-track approvals process means the process for granting an approval that is set out in subparts 2A and 2B of Part 2

                                              Game Animal Council means the council established under section 6 of the Game Animal Council Act 2013

                                                General land owned by Māori has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

                                                  identified Māori land includes—

                                                  1. Māori freehold land:
                                                    1. land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7 of the Te Urewera Act 2014):
                                                      1. the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
                                                        1. General land owned by Māori that was previously Māori freehold land, but ceased to have that status in accordance with—
                                                          1. an order of the Māori Land Court made on or after 1 July 1993; or
                                                            1. Part 1 of the Māori Affairs Amendment Act 1967:
                                                            2. land vested in the Māori Trustee that—
                                                              1. is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955 ; and
                                                                1. remains subject to that Act:
                                                                2. a reserve under the Reserves Act 1977 that, under a Treaty settlement, is managed wholly or jointly by a Treaty settlement entity:
                                                                  1. land owned by a Treaty settlement entity if the land was acquired—
                                                                    1. as redress for the settlement of Treaty of Waitangi claims; or
                                                                      1. by the exercise of rights under a Treaty settlement:
                                                                      2. other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land

                                                                        iwi participation legislation means legislation, including any Treaty settlement Act, that provides a role for iwi or hapū in processes relevant to this Act, including processes for an approval under a specified Act

                                                                          Māori customary land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

                                                                            Māori freehold land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

                                                                              Māori incorporation has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

                                                                                Māori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993

                                                                                  mātaitai reserve means a mātaitai reserve declared by notice in the Gazette under Part 9 of the Fisheries Act 1996

                                                                                    Minister means the Minister for Infrastructure

                                                                                      New Zealand Conservation Authority has the meaning given in section 2(1) of the Conservation Act 1987

                                                                                        New Zealand Fish and Game Council has the meaning given in section 2(1) of the Conservation Act 1987

                                                                                          owner,—

                                                                                          1. in relation to Māori freehold land, means—
                                                                                            1. if the land is vested in 1 or more trustees, those trustees:
                                                                                              1. if the land is vested in a Māori incorporation, that incorporation:
                                                                                                1. if 1 or more agents have been appointed for the land under Part 10 of Te Ture Whenua Maori Act 1993 with the power to take the relevant action under this Act, those agents:
                                                                                                  1. in any other case, the beneficial owners of the land:
                                                                                                  2. in relation to land referred to in paragraph (b) of the definition of identified Māori land, means the person or persons who, under an Act referred to in that paragraph, act for the natural feature

                                                                                                    panel means an expert panel that is appointed in accordance with, and that complies with, Schedule 3

                                                                                                      panel convener means the panel convener appointed under clause 2 of Schedule 3

                                                                                                        Part A listed project means a project listed in Part A of Schedule 2

                                                                                                          Part B listed project means a project listed in Part B of Schedule 2

                                                                                                            post-settlement governance entity

                                                                                                            1. means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the Treaty settlement of a claimant group,—
                                                                                                              1. by that group; or
                                                                                                                1. by or under an enactment or order of a court; and
                                                                                                                2. includes—
                                                                                                                  1. an entity established to represent a collective or combination of claimant groups; and
                                                                                                                    1. an entity controlled by an entity referred to in paragraph (a) ; and
                                                                                                                      1. an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a)

                                                                                                                      project

                                                                                                                      1. means,—
                                                                                                                        1. in relation to a Part A listed project, the project as described in Schedule 2 :
                                                                                                                          1. in relation to a Part B listed project,—
                                                                                                                            1. the project as described in Schedule 2 ; or
                                                                                                                              1. if the project has been referred, the project as described in the notice under section 24 :
                                                                                                                              2. in relation to an unlisted project,—
                                                                                                                                1. the project as described in the referral application for the project or, if the referral application is yet to be lodged, as it will be described in the application; or
                                                                                                                                  1. if the project has been referred, the project as described in the notice under section 24 ; and
                                                                                                                                2. includes any activity involved in the project

                                                                                                                                  project area means the whole or any part of the geographical location in which a project is to be undertaken

                                                                                                                                    proposed approval, in relation to a Part B listed project or an unlisted project, means an approval specified in the referral application under section 14(2)(b) as one that the applicant proposes to apply for under the fast-track approvals process

                                                                                                                                      protected customary rights area means—

                                                                                                                                      1. a protected customary rights area as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
                                                                                                                                        1. an area in which a protected customary activity, as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, is recognised under that Act

                                                                                                                                          protected customary rights group means—

                                                                                                                                          1. a protected customary rights group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
                                                                                                                                            1. a protected customary activity hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

                                                                                                                                              referral application means an application under section 14 to use the fast-track approvals process

                                                                                                                                                referred, in relation to a Part B listed project or an unlisted project, means referred to the fast-track approvals process under section 22C

                                                                                                                                                  relevant administering agency,—

                                                                                                                                                  1. in relation to a referral application, means an administering agency for a specified Act that relates to a proposed approval for the project:
                                                                                                                                                    1. in relation to a substantive application, means an administering agency for a specified Act that relates to an approval being sought in the substantive application

                                                                                                                                                      reservation, in relation to an approval described in section 24C(3)(a) (resource consent), means a decision by a panel or a recommendation by the chief executive that they are not satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing

                                                                                                                                                        responsible agency means—

                                                                                                                                                          responsible agency means the Ministry for the Environment

                                                                                                                                                            specified Act means any of the following:

                                                                                                                                                            1. the Conservation Act 1987:
                                                                                                                                                              1. the Crown Minerals Act 1991:
                                                                                                                                                                1. the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:
                                                                                                                                                                  1. the Heritage New Zealand Pouhere Taonga Act 2014:
                                                                                                                                                                    1. the Reserves Act 1977:
                                                                                                                                                                      1. the Resource Management Act 1991:
                                                                                                                                                                        1. the Wildlife Act 1953

                                                                                                                                                                          substantive application means an application under section 24C for approvals for a Part A listed project or a referred project

                                                                                                                                                                            taiāpure-local fishery means a taiāpure-local fishery established under Part 9 of the Fisheries Act 1996

                                                                                                                                                                              tangata whenua, in relation to a taiāpure-local fishery, mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, has the meaning given in section 2(1) of that Act

                                                                                                                                                                                Treaty settlement means—

                                                                                                                                                                                1. a Treaty settlement Act; or
                                                                                                                                                                                  1. a Treaty settlement deed

                                                                                                                                                                                    Treaty settlement Act means—

                                                                                                                                                                                    1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
                                                                                                                                                                                      1. any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
                                                                                                                                                                                        1. the Maori Commercial Aquaculture Claims Settlement Act 2004 :
                                                                                                                                                                                          1. the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 :
                                                                                                                                                                                            1. the Nga Wai o Maniapoto (Waipa River) Act 2012 :
                                                                                                                                                                                              1. the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 :
                                                                                                                                                                                                1. the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act

                                                                                                                                                                                                Treaty settlement deed

                                                                                                                                                                                                1. means a deed or other agreement that—
                                                                                                                                                                                                  1. has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
                                                                                                                                                                                                    1. is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
                                                                                                                                                                                                    2. to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
                                                                                                                                                                                                      1. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

                                                                                                                                                                                                        Treaty settlement entity means any of the following:

                                                                                                                                                                                                        1. a post-settlement governance entity:
                                                                                                                                                                                                          1. a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under any Treaty settlement Act:
                                                                                                                                                                                                            1. an entity or a person that is authorised by a Treaty settlement Act to act for a natural feature with legal personhood:
                                                                                                                                                                                                              1. Te Ohu Kai Moana or a mandated iwi organisation (as those terms are defined in section 5(1) of the Maori Fisheries Act 2004):
                                                                                                                                                                                                                1. an iwi aquaculture organisation (as defined in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004)

                                                                                                                                                                                                                  unlisted project means a project that is not listed in Schedule 2 .

                                                                                                                                                                                                                  1. Terms used in this Act that are not defined in this Act have the same meanings as they have in the Resource Management Act 1991, if they are defined in that Act.

                                                                                                                                                                                                                  2. Terms used in this Act that are not defined in this Act or the Resource Management Act 1991 have the same meanings as they have in the Marine and Coastal Area (Takutai Moana) Act 2011 or the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, as applicable.

                                                                                                                                                                                                                  3. Other terms used in this Act that are not defined in this Act have the same meanings as they have in the relevant specified Act.