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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Steps if referral application accepted

28: Notice of Minister's decision on referral application

You could also call this:

"Minister's decision on a project is shared with everyone"

When the Minister makes a decision about a referral application, the responsible agency needs to tell people about it. They must write a notice explaining the decision and why it was made. They need to send this notice to the person who made the application and anyone who was asked to comment on it. They also need to put this notice on their website so everyone can see it.

If the Minister decides to accept the application and refer a project, the responsible agency needs to tell more people. They must inform the panel convener, some Māori groups, the Environmental Protection Authority, and other important agencies.

The notice must explain what the application was about and why it was accepted. It needs to describe the project and any limits put on it. It also needs to say when the next application must be sent in. This could be a date the Minister chose or two years from when they tell the applicant.

The Minister must give all the information they received about the application to the Environmental Protection Authority and the panel convener. This includes the original application, any comments people made about it, and any reports that were written about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943297.

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Part 2Fast-track approvals process
Referral of project to fast-track approvals process: Steps if referral application accepted

28Notice of Minister's decision on referral application

  1. The responsible agency must—

  2. give written notice of decisions made by the Minister on a referral application and the associated project under sections 21 and 26, and the reasons for them, to—
    1. the applicant; and
      1. anyone invited to comment on the application; and
      2. publish the notice on an internet site that is administered by or on behalf of the responsible agency and is publicly available as far as practicable and free of charge.

        1. If the decisions are to accept the referral application and refer a project, the responsible agency must also give written notice to—

        2. the panel convener; and
          1. any iwi authorities or Treaty settlement entities (other than those that must be notified under subsection (1)(a)(ii)) that the Minister considers have an interest in the matter; and
            1. the EPA; and
              1. if a proposed approval would require an aquaculture decision under section 80, the relevant chief executive; and
                1. the relevant administering agencies.

                  1. If the decisions are to accept the referral application and refer a project, the notice must—

                  2. describe the application and state that it has been accepted; and
                    1. state the Minister's reasons for accepting the application, including which provision of section 21(1) it was accepted under; and
                      1. include a description of the project that incorporates any restrictions imposed on the project under section 27(3)(a); and
                        1. specify the deadline for lodging the substantive application or, if the proposed approvals include an approval described in section 42(4)(f) (land exchange), the land exchange application, which must be—
                          1. the deadline set by the Minister under section 27(3)(b)(i) or (c)(i), as applicable; or
                            1. if no deadline is set, the date that is 2 years after the notice is given to the applicant; and
                            2. include any other matters specified by the Minister under section 27; and
                              1. include any direction under section 16(2)(c).

                                1. The Minister must provide all the information received by the Minister that relates to the matter to the EPA and to the panel convener, including—

                                2. the referral application; and
                                  1. any comments received under section 17; and
                                    1. the report obtained under section 18; and
                                      1. if a report was obtained under section 19, that report.

                                        Compare
                                        • 2020 No 35 s 25
                                        • 2023 No 46 Schedule 10 cl 21
                                        Notes
                                        • Section 28(2)(b): editorial change made by the PCO, on , under sections 86(1) and 87(l)(iii) of the Legislation Act 2019 (2019 No 58).