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Fast-track Approvals Act 2024

Fast-track approvals process - Other provisions relating to approvals

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

You could also call this:

“Keeping your current permission while asking for a new one”

If you have an existing approval for an activity and you want to get a new approval under this Act, here’s what you need to know:

You can keep using your existing approval while you apply for a new one if you follow these rules:

You must apply for a new approval that matches your existing one or, if it’s about mining, follows special rules. You need to apply more than 3 months before your current approval runs out. This doesn’t apply if you have a special right to keep operating under a resource consent.

Your existing approval will stay valid until either all appeal options for your new approval are finished, or until your existing approval expires or you give it up, whichever happens later.

If more than one person is applying together, this rule only works if the person who has the current approval is also going to hold the new one.

An ‘existing approval’ can be an approval under a specified Act, a right to keep using a resource consent, or certain types of mining permits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969142.

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Part 2 Fast-track approvals process
Other provisions relating to approvals

95Exercise of existing approval under specified Act while applying for approval under this Act

  1. This section applies if an authorised person who holds an existing approval lodges a substantive application that—

  2. seeks an approval under this Act that—
    1. corresponds to, and is for the activity to which, the existing approval applies; or
      1. in the case of an approval described in section 42(4)(n) (mining permit), complies with section 42(11); and
      2. is lodged more than 3 months before the existing approval is due to expire (unless the existing approval is a right under section 124(3) or 165ZH(2)(c) of the Resource Management Act 1991 to continue operating under a resource consent).

        1. The existing approval is treated as remaining in force until the later of the following:

        2. the date on which any rights of appeal under section 99 that relate to the approval referred to in subsection (1)(a) have been exhausted or have expired:
          1. the date on which the existing approval expires or is surrendered in accordance with this Act or the relevant specified Act.

            1. If the substantive application referred to in subsection (1) is lodged by more than 1 authorised person, subsection (2) applies only if the authorised person who holds the existing approval is proposed to hold the approval under this Act that is referred to in subsection (1)(a).

            2. In this section, existing approval means any of the following:

            3. an approval under a specified Act:
              1. a right under section 124(3) or 165ZH(2)(c) of the Resource Management Act 1991 to continue operating under a resource consent:
                1. an exploration permit or existing privilege referred to in section 42(11).