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Fast-track Approvals Bill

Amendments and repeals

Schedule 1: Transitional, savings, and related provisions

You could also call this:

“Rules for handling unfinished applications when the new law starts”

This schedule explains what happens to applications that were submitted under the fast-track consenting process before this new law came into effect. If you had an application that was not finished when the new law started, it will still be processed under the old rules. The old law will stay in force just to finish these applications.

The schedule also talks about what powers different people and groups have to deal with these applications. This includes ministers, courts, and other officials. It says that you can still appeal decisions made about your application under the old rules. The schedule also mentions that the duty to respect Treaty settlements and other agreements still applies to these applications.

If you want to, you can take back your application by telling the EPA in writing. If the EPA doesn’t hear from you for 12 months after the new law starts, they will send your application back to you. This will count as if you had taken it back yourself.

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 It might be out of date or be missing some parts.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=LMS943324.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Rights and equality > Privacy
Māori affairs > Treaty of Waitangi
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33: Repeal, or

“This law will cancel some parts of another law when it starts working”

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Schedule 2: Listed projects, or

“Projects that can be fast-tracked for quicker approval”

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to this Act as enacted

1Interpretation

  1. In this Part,—

    commencement means the day on which this Act comes into force

      repealed Act means the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023.

      2Existing fast-track applications

      1. This clause applies to an application made under the fast-track consenting process continued by clause 8 of Schedule 1 of the repealed Act that was made or lodged, but not finally determined, before commencement.

      2. If the application has not been withdrawn before that date, the application must continue to be processed and determined under the repealed Act as if that Act had not been repealed.

      3. The repealed Act remains in force for the purpose of completing any matter commenced under the Act before its repeal.

      4. The matters referred to in subclause (3) include, without limitation,—

      5. the functions, duties, and powers of the Minister for the Environment, the Minister of Conservation (for a referral application (to which the repealed Act applies) that relates to an activity within the coastal marine area), the EPA, expert consenting panels, the Chief Environment Court Judge, and courts that relate to the application:
        1. rights of appeal against decisions made in respect of the application under the repealed Act:
          1. court proceedings (including judicial review proceedings) that relate to a decision made in respect of the application under the repealed Act, whether pending or filed after commencement:
            1. the recovery of costs of the processes under Part 2 of Schedule 10 of the Natural and Built Environment Act 2023, as provided for in clause 94 of that schedule, and as applied by clause 8 of Schedule 1 of the repealed Act.

              1. The obligation in clause 4 of Schedule 1 of the repealed Act to uphold Treaty settlements, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, and other arrangements remains in force in relation to the application.

              3Withdrawal of applications

              1. An applicant may withdraw their application continued by clause 8 of Schedule 1 of the repealed Act by giving notice in writing to the EPA.

              2. The EPA must return an application if no information or responses are received from the applicant within 12 months after commencement.

              3. An application returned under subclause (2) must be treated as having been withdrawn.