Fast-track Approvals Act 2024

Amendments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules for Changing to New Approval Processes"

Illustration for Fast-track Approvals Act 2024

The Fast-track Approvals Act 2024 has some special rules. You need to know what happens to applications that were already made when the Act came into force. These rules are called transitional provisions. The Act says what happens to applications that were made under the old rules. If you made an application before the Act came into force, it will still be processed under the old rules. But if you make a new application, it will be processed under the new rules. There are also rules about when new applications can be made. Some types of applications cannot be made before 7 February 2025. This includes referral applications, pre-request aquaculture agreements, and land exchange applications. The Act also talks about what happens if you have already started consulting with people about your application. You will still need to finish consulting with them, but you might not need to notify them again. The Act has special rules for different types of applications and consultations. The rules are in place to help with the transition from the old Act to the new one. They make sure that applications are processed fairly and that everyone knows what to expect. You can find more information about the rules in the Act itself, which is available online.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943324.

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Schedule 2: Listed projects with significant regional or national benefits, or

"Important projects that help New Zealand and its regions"

1Transitional, savings, and related provisions Empowered by s 6

1Provisions relating to this Act as enacted

1Interpretation

  1. In this Part,—

    commencement means the day on which this Act comes into force

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

      Existing applications

      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 Interim Fast-track Consenting 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 Interim Fast-track Consenting Act as if that Act had not been amended by this Act.

      3. The provisions of the Interim Fast-track Consenting Act that are repealed by this Act remain in force for the purpose of completing any matter commenced under the Interim Fast-track Consenting Act before the repeal of those provisions.

      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 Interim Fast-track Consenting 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 Interim Fast-track Consenting Act:
          1. court proceedings (including judicial review proceedings) that relate to a decision made in respect of the application under the Interim Fast-track Consenting 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 Interim Fast-track Consenting Act.
              1. The obligation in clause 4 of Schedule 1 of the Interim Fast-track Consenting 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 Interim Fast-track Consenting 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.

              New applications

              4New applications and related matters may not be lodged before 7 February 2025

              1. The following may not be lodged before 7 February 2025:

              2. a referral application:
                1. a pre-request aquaculture agreement that would be lodged under section 31:
                  1. a land exchange application:
                    1. information relating to an approval described in section 42(4)(n) (mining permit) that would be lodged under section 37:
                      1. a substantive application.

                        2Provisions relating to Fast-track Approvals Amendment Act 2025

                        5Interpretation

                        1. In this Part,—

                          amendment Act means the Fast-track Approvals Amendment Act 2025

                            application means any of the following:

                            1. a land exchange application:
                              1. a referral application:
                                1. a substantive application

                                  first commencement date means the date on which the amendment Act comes into force under section 2(1) of that Act (the day after the amendment Act receives Royal assent)

                                    new clause means the specified clause as amended, replaced, or inserted by the amendment Act

                                      new section means the specified section as amended, replaced, or inserted by the amendment Act

                                        old section means the specified section as in force immediately before being amended, replaced, or inserted by the amendment Act

                                          second commencement date means the date on which the amendment Act comes into force under section 2(2) of that Act (31 March 2026).

                                          Notes
                                          • Schedule 1 clause 5: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                          Transitional provisions relating to applications

                                          6Application of amendments to applications lodged before first commencement date

                                          1. This Act, as in force immediately before the first commencement date, continues to apply in respect of an application lodged before the first commencement date.

                                          2. However,—

                                          3. if the application is a referral application and it is not decided under section 21 before the first commencement date, new section 22 applies in respect of that application on and after the first commencement date:
                                            1. if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the first commencement date, the following provisions apply in respect of that application on and after the first commencement date:
                                              1. new section 60:
                                                1. new sections 62 to 66:
                                                  1. new section 81:
                                                    1. new section 84A:
                                                      1. new clause 20 of Schedule 11:
                                                      2. if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the second commencement date, the following provisions apply in respect of that application on and after the second commencement date:
                                                        1. new sections 68A and 68B:
                                                          1. new section 88.
                                                          Notes
                                                          • Schedule 1 clause 6: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                          7Application of amendments to applications lodged between first commencement date and second commencement date

                                                          1. This Act, as in force on the first commencement date, continues to apply in respect of an application that is lodged—

                                                          2. on or after the first commencement date; but
                                                            1. before the second commencement date.
                                                              1. However, if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the second commencement date, the following provisions apply in respect of that application on and after the second commencement date:

                                                              2. new sections 68A and 68B:
                                                                1. new section 88.
                                                                  Notes
                                                                  • Schedule 1 clause 7: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  8Application of amendments to applications lodged after second commencement date

                                                                  1. This Act, as in force on the second commencement date, applies in respect of an application that is lodged on or after the second commencement date.

                                                                  Notes
                                                                  • Schedule 1 clause 8: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  9Application of clauses 10 to 14

                                                                  1. Clauses 10 to 14 apply despite clause 7 or 8 (whichever applies).

                                                                  Notes
                                                                  • Schedule 1 clause 9: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  10Notification under section 11 if consultation undertaken before second commencement date

                                                                  1. This clause applies if an applicant has, as at the second commencement date, consulted or started consulting under old section 11.

                                                                  2. The applicant is not required to notify any person or group referred to in section 11(1)(b) that the applicant consulted or started consulting before the second commencement date.

                                                                  3. The applicant must notify any person or group referred to in section 11(1)(b) that the applicant has not consulted or started consulting before the second commencement date.

                                                                  4. The applicant must finish their pre-commencement consultation.

                                                                  5. Section 13(4)(k)(i) applies, in respect of pre-commencement consultation, as if the reference to consultation undertaken for the purposes of section 11(1)(a) were a reference to consultation undertaken for the purposes of old section 11.

                                                                  6. In this clause, pre-commencement consultation means consultation that was completed or started under old section 11 before the second commencement date.

                                                                  Notes
                                                                  • Schedule 1 clause 10: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  11Notification under section 29 if consultation undertaken before second commencement date

                                                                  1. This clause applies if an authorised person has, as at the second commencement date, consulted or started consulting under old section 29.

                                                                  2. The authorised person is not required to notify any person or group referred to in section 29(1)(aa) that the authorised person consulted or started consulting before the second commencement date.

                                                                  3. The authorised person must notify any person or group referred to in section 29(1)(aa) that the authorised person has not consulted or started consulting before the second commencement date.

                                                                  4. The authorised person must finish their pre-commencement consultation.

                                                                  5. Section 43(2)(a)(i) applies, in respect of pre-commencement consultation, as if the reference to section 29 were a reference to old section 29.

                                                                  6. In this clause, pre-commencement consultation means consultation that was completed or started under old section 29 before the second commencement date.

                                                                  Notes
                                                                  • Schedule 1 clause 11: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  12Identification of existing resource consent if notification provided before first commencement

                                                                  1. This clause applies if an authorised person has, as at the first commencement date, notified 1 or more consent authorities under old section 30(2).

                                                                  2. Old section 30 continues to apply in respect of the substantive application.

                                                                  Notes
                                                                  • Schedule 1 clause 12: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  13Appeal by person or group that received invitation to comment before first commencement date

                                                                  1. Old section 99 continues to apply in respect of any person or group that, before the first commencement date, received an invitation to comment under this Act.

                                                                  Notes
                                                                  • Schedule 1 clause 13: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  14Interest on fees, charges, and levies paid before first commencement date

                                                                  1. Section 106(2) applies in respect of any fees, charges, and levies described in section 106(1) that are paid before the first commencement date.

                                                                  Notes
                                                                  • Schedule 1 clause 14: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).

                                                                  Transitional provision relating to consultation on Government policy statement

                                                                  15Consultation on Government policy statement undertaken before first commencement date

                                                                  1. Any consultation undertaken before the first commencement date that is of the kind referred to in new section 10A(3) must be treated as consultation required for the purposes of that section.

                                                                  Notes
                                                                  • Schedule 1 clause 15: inserted, on , by section 51(a) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).