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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Referral application

14: Responsible agency decides whether referral application is complete and within scope

You could also call this:

"Agency checks if your application is complete and allowed"

Illustration for Fast-track Approvals Act 2024

When you send a referral application, the responsible agency looks at it. They decide if it is complete and if the project is within their scope. They must make this decision within 10 working days of receiving your application.

The agency checks if your application meets the rules in section 13. They also consider if the project might meet the criteria in section 22 and if it does not involve anything that is not allowed. Your application must also include any payment that is required.

If the agency decides your application is complete, they send it to the Minister. If they decide it is not complete, they send it back to you with a reason why. If you send the application again, the agency treats it as a new application and they have 10 working days to decide again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943282.

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13: Referral application, or

"Apply for a fast-track approval by sending in a referral application with required information"

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15: Process after Minister receives referral application, or

"What the Minister does after getting a referral application"

Part 2Fast-track approvals process
Referral of project to fast-track approvals process: Referral application

14Responsible agency decides whether referral application is complete and within scope

  1. The responsible agency must decide whether a referral application complies with subsection (2) within 10 working days after receiving it.

  2. A referral application complies with this subsection if—

  3. the application complies with section 13; and
    1. the responsible agency considers that the project—
      1. may be capable of satisfying the criteria in section 22; and
        1. does not appear to involve an ineligible activity; and
        2. any fee, charge, or levy payable under regulations in respect of the application is paid.

          1. For the purposes of subsection (2)(b)(ii), an activity that could be the subject of a determination under section 23 or 24 is not considered to be an ineligible activity.

          2. If the responsible agency decides that the referral application complies with subsection (2), the responsible agency must provide the application to the Minister.

          3. If the responsible agency decides that the referral application does not comply with that subsection, the responsible agency must immediately return the application to the applicant, with written reasons for returning it.

          4. If a referral application is lodged again with the responsible agency after it has returned the application,—

          5. that application must be treated as a new referral application; and
            1. the time period specified in subsection (1) begins again for the responsible agency.

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