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Fast-track Approvals Bill

Amendments and repeals

Schedule 3: Expert panel

You could also call this:

“Rules for choosing experts to help make decisions about fast-track approvals”

The Minister must appoint a former Environment Judge or High Court Judge as the panel convener for the Fast-track Approvals Bill. The panel convener’s job is to appoint panel members and carry out other duties under the Act. They can be removed for just cause or resign, but will continue in their role until a new convener is appointed.

Panels can have up to 4 members, including one person nominated by local authorities. The panel convener can appoint more members if needed. Panel members must have relevant knowledge and skills, including expertise in environmental matters and te ao Māori. The chairperson of the panel must be a qualified lawyer or planner, or someone accredited under the Resource Management Act 1991.

The panel must follow any procedural arrangements set out in Treaty settlements or other iwi participation legislation. They can modify these arrangements with agreement from relevant parties. Panel members are paid for their work and can be removed for just cause. The panel sets its own procedures and can appoint special advisers to help with applications. The Environmental Protection Authority (EPA) provides support to the panel, and local authorities must assist if asked.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943348.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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3Expert panel Empowered by ss 4, 24A

2Appointment of panel convener

  1. The Minister must, after consulting the other relevant portfolio Ministers, appoint a former (including retired) Environment Judge or High Court Judge to be the panel convener for the purposes of this Act for a term determined by the Minister.

  2. The Minister may at any time remove the panel convener for just cause (within the meaning of clause 9(3) ), and clause 9(2) applies with any necessary modifications.

  3. The panel convener may resign their office at any time by notice in writing to the Minister.

  4. The panel convener, unless they earlier resign or are removed from office under subclause (2) , continues in office until their successor is appointed by the Minister.

  5. The functions of the panel convener are to—

  6. appoint, in consultation with the Minister, members of panels set up to consider, and make decisions on approvals sought in, substantive applications; and
    1. carry out any other functions of a panel convener under this Act.

      3Membership of panels

      1. Up to 4 persons may be appointed to be members of a panel set up to consider , and make decisions on the approvals sought in, a substantive application.

      2. The membership of a panel must include 1 person nominated by the relevant local authorities.

      3. The person nominated by the relevant local authorities may, but need not, be an elected member of any of the local authorities.

      4. If the relevant local authorities nominate more than 1 person for appointment as a panel member, the panel convener must decide which one of those nominees is to be appointed as a panel member.

      5. If the relevant local authorities do not make a nomination under subclause (2) , the panel convener must appoint a person with the appropriate skills and experience to be a member of the panel (see clause 7(1) ).

      6. Despite the limit specified on the membership by subclause (1) , that number may be exceeded (including by the appointment of more than 1 person nominated under subclause (2) ), at the discretion of the panel convener, if warranted by, or required to accommodate,—

      7. the circumstances unique to a particular district or region; or
        1. the number of applications that have to be considered in that particular district or region; or
          1. the nature and scale of the application under consideration; or
            1. matters unique to any relevant iwi participation legislation; or
              1. the collective knowledge and experience needed under clause 7(1) .

                1. If a substantive application seeks an approval described in section 24C(3)(h) (marine consent), the relevant local authorities for the purposes of this clause are,—

                2. if the approval is for a cross-boundary activity as defined in section 88 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the local authority for each region or district in which part of the activity is or is intended to be undertaken:
                  1. in any other case, each local authority whose region or district is likely to be affected by the activity for which the approval is sought.

                    1. The members of a panel are appointed to decide the approvals sought in a substantive application and to complete the performance or exercise of any other functions, duties, or powers in relation to the application (including any appeals in relation to any approvals sought in the application).

                    2. This clause is subject to clause 7 (which imposes requirements regarding the qualifications of individual panel members and the collective knowledge and experience of the panel).

                    4Chairperson of panel

                    1. The panel convener, in consultation with the Minister, must appoint, as one of the members appointed under clause 3 a suitably qualified lawyer or planner with experience in relevant law to be the chairperson of a panel.

                    2. However, the panel convener may, in consultation with the Minister, act as the chairperson of a panel instead of appointing another person as chairperson of the panel.

                    3. Despite subclauses (1) and (2) , the panel convener may, if the circumstances require it, in consultation with the Minister, appoint a person who is accredited under section 39A of the Resource Management Act 1991 to be the chairperson of a panel.

                    4. In the event of an equality of votes, the chairperson of the panel has a casting vote.

                    5. A panel has a quorum of 3 members.

                    6. The panel may, in consultation with the Minister, modify the requirements in subclauses (4) and (5) to provide for—

                    7. different requirements under relevant iwi participation legislation:
                      1. any increase in the number of panel members.

                        5Conduct of hearings and other procedural matters in context of Treaty settlements and other arrangements

                        1. This clause applies if any Treaty settlement Act, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or any other iwi participation legislation, or any Mana Whakahono a Rohe or joint management agreement, includes procedural arrangements relating to the appointment of a decision-making body for hearings and other procedural matters, such as the following:

                        2. a requirement for iwi or hapū to participate in the appointment of hearing commissioners to determine resource consent applications or notice of requirement lodged under the Resource Management Act 1991 :
                          1. a requirement that notice be given to any person or specified class of person of any steps in a resource management process:
                            1. any consultation requirements with iwi or hapū:
                              1. any other matter of procedure for determining a matter granted under a specified Act that corresponds to an approval under this Act.

                                1. The panel convener or panel must—

                                2. comply with the arrangements in the legislation, arrangement, or agreement referred to in subclause (1) as if they were a relevant decision maker (such as a local authority, government department, Crown entity, or board of inquiry); or
                                  1. obtain the agreement of the relevant party under the legislation, arrangement, or agreement to adopt a modified arrangement that is consistent with achieving the purpose of this Act and the other legislation, arrangement, or agreement referred to in subclause (1) .

                                    1. The party referred to in subclause (2)(b) may not unreasonably withhold their agreement to a modified arrangement (as described in that subclause).

                                    2. If the panel convener or panel are unable to obtain agreement under subclause (2)(b) (in circumstances where that agreement is not unreasonably withheld) they must stop processing the application and must return the application to the applicant immediately.

                                    6Appointment of replacement panel member

                                    1. The panel convener may, at any time and in consultation with the Minister, appoint a new member to replace a member removed under clause 9 or who resigns or dies.

                                    7Skills and experience of members of panel

                                    1. The members of a panel—

                                    2. must, collectively, have—
                                      1. knowledge, skills, and expertise relevant to the approvals sought in the substantive application; and
                                        1. expertise in environmental matters; and
                                        2. must include at least 1 member who is suitably qualified in te ao Māori and Māori development.

                                          1. A person is not ineligible for appointment as a panel member by reason only that the person is a member of a particular iwi or hapū (including an iwi or hapū that is represented by an iwi authority that must be invited by the panel to comment on the application).

                                          8Remuneration of panel convener and panel members

                                          1. The panel convener and members of the panel are entitled—

                                          2. to receive remuneration not within paragraph (b) for services as the panel convener or a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
                                            1. in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as the panel convener or as a panel member as if the convener and members were members of a statutory board for the purposes of the Fees and Travelling Allowances Act 1951 .

                                              1. For the purposes of subclause (1) ,fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.

                                              9Removal and resignation of panel members

                                              1. The panel convener may remove any person appointed to a panel under this schedule for just cause.

                                              2. The person may be removed with as little formality and technicality, and as much expedition, as is permitted by—

                                              3. the principles of natural justice; and
                                                1. a proper consideration of the matter.

                                                  1. In this clause, just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty (depending on the seriousness of the breach).

                                                  2. A member of the panel may resign at any time as a member by notice in writing to the panel convener.

                                                  Compare
                                                  • 2004 No 115 ss 40,41 ; 2020 No 35 Schedule 5 cl 9; 2023 No 46 Schedule 10 cl 52

                                                  10Procedures of panel

                                                  1. A panel must regulate its own procedure as it thinks appropriate, without procedural formality, and in a manner that best promotes the just and timely determination of the approvals sought in a substantive application.

                                                  2. A panel may appoint a special adviser to assist the panel with a substantive application in relation to any matters the panel may determine.

                                                  3. A panel may, at any time, appoint technical advisers, including from a department of State, Crown entity, or relevant local authority, as it thinks appropriate.

                                                  4. A panel may use or allow any remote access facility that will assist in the determination of the approvals sought in a substantive application.

                                                  5. A panel must keep a full record of its proceedings.

                                                  6. This clause is subject to section 24Q and any other provisions of this Act that are relevant to the procedure of a panel.

                                                  11Protection of sensitive information

                                                  1. When a panel is assessing a proposed approval under the Resource Management Act 1991, section 42 of that Act applies with any necessary modifications, as if the panel were a board of inquiry given authority to conduct a hearing under section 149J of that Act.

                                                  12Support and advice available to panels

                                                  1. The EPA must provide advice and secretariat support to—

                                                  2. the person convening the panel and appointing the panel chair; and
                                                    1. members of the panel when carrying out their functions and duties under this Act; and
                                                      1. the panel in its role of deciding any matters before it.

                                                        1. A relevant local authority must assist the panel by providing advice within the knowledge of the authority, if requested by the panel.

                                                        13Liability of members

                                                        1. The panel convener and members appointed to a panel are not liable for anything that the panel convener or a member does or omits to do in good faith in performing or exercising the functions, duties, or powers of the panel.