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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Decisions about referral of projects and process of referral - Application process

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

You could also call this:

“Agency checks if your project application is ready and allowed”

When you submit a referral application, the responsible agency has 10 working days to check if it’s complete and within scope. They look at whether your application follows the rules in section 14 and if your project might meet the criteria in section 22B. They also check if your project involves any activities that aren’t allowed.

If the agency decides your application is complete and within scope, they’ll send it to the Minister. But if they think it’s not, they’ll give it back to you right away and explain why in writing.

If your application is returned and you want to try again, you can submit it once more. The agency will treat it as a new application, and they’ll have another 10 working days to check it.

Remember, some activities that might seem not allowed at first glance (section 22D(1)(a) and (b)) are actually okay for this process.

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 It might be out of date or be missing some parts.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=LMS943282.

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Previous

14: Referral application, or

“Asking for permission to use the fast-track process for your project”

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16: Consultation requirements for applicants for approvals referral applications, or

“Talking to important groups before asking for a fast approval”

Part 2 Fast-track approval approvals process for eligible projects
Decisions about referral of projects and process of referral: Application process

15Responsible agency decides whether referral application is complete and within scope

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

  2. A referral application complies with this subsection if—

  3. the application complies with section 14 ; and
    1. the responsible agency considers that, on the face of the application, the project—
      1. may be capable of satisfying the criteria in section 22B ; and
        1. does not appear to involve an ineligible activity.

        2. For the purposes of subsection (1A)(b)(ii) , an activity described in section 22D(1)(a) and (b) is not considered to be an ineligible activity.

        3. If the responsible agency decides that the referral application complies with subsection (1A) , the responsible agency must provide the application to the Minister.

        4. 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.

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

        6. 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.