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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Other provisions relating to approvals

25B: Exercise of existing approval under specified Act while applying for approval under this Act

You could also call this:

“You can keep using your old approval while waiting for a new one”

If you have an approval for a project under a specific law, and that project is listed in Part A or has been referred, you can apply for a new approval under this law. You can keep using your existing approval, even if it expires, until a decision is made on your new application. This applies as long as you follow certain time rules for applying.

For a Part A listed project, you need to apply within 6 months of this law starting or at least 3 months before your current approval ends, whichever is later. For a Part B listed project or an unlisted project that has been referred, you need to ask for it to be considered within the same timeframe.

You can continue using your existing approval until all chances to appeal the decision about your new approval have been used up or have ended. This means you can keep operating under your old approval while waiting for a final decision on your new one.

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 It might be out of date or be missing some parts.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=LMS969142.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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25A: Use of specified Act to apply for approval, or

“Using other laws to ask for approval is still allowed, but with some rules”

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25C: Status of approval when granted, or

“What happens when you get an approval using this new law”

Part 2 Fast-track approval approvals process for eligible projects
Other provisions relating to approvals

25BExercise of existing approval under specified Act while applying for approval under this Act

  1. This section applies if a person holds an approval under a specified Act (an existing approval) that relates to a Part A listed project or a referred project.

  2. An authorised person may—

  3. apply for an approval under this Act that corresponds to, and is for the activity to which, the existing approval applies; and
    1. continue to operate under the existing approval, despite its expiry, until the date that applies under subsection (3) , as long as,—
      1. in the case of a Part A listed project, a substantive application seeking that approval is made within 6 months of the commencement of this Act or not less than 3 months before the existing approval expires, whichever date is later:
        1. in the case of a Part B listed project or an unlisted project, a referral application is made for the project within 6 months of the commencement of this Act or not less than 3 months before the existing approval expires, whichever date is later.

        2. For the purposes of subsection (2)(b) , the date is the date on which all appeal rights under this Act in relation to the decision to grant or decline the approval have been exhausted or have expired.