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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 ready and fits the rules”

When you submit a referral application, the responsible agency must decide if it’s complete and within scope. They have 10 working days to make this decision after they receive your application.

Your application is considered complete and within scope if:

  1. It follows the rules set out in section 13.
  2. The responsible agency thinks your project might meet the criteria in section 22.
  3. Your project doesn’t seem to involve any activities that aren’t allowed.
  4. You’ve paid any required fees or charges.

It’s important to know that even if your project could be subject to a decision under sections 23 or 24, it’s not automatically considered an ineligible activity.

If the responsible agency decides your application is complete and within scope, they will send it to the Minister. If they decide it’s not, they will return it to you right away and explain in writing why they’re sending it back.

If your application is returned and you submit it again, it will be treated as a new application. The 10-working-day period for the responsible agency to make a decision will start over.

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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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Part 2 Fast-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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