Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Opportunity for comment on substantive application

53: Panel invites comments on substantive application

You could also call this:

"The panel asks for your thoughts on a big application that could affect you or your area."

Illustration for Fast-track Approvals Act 2024

When a panel is set up, they must ask the EPA to invite people to comment on a substantive application within 10 working days. You can comment if you are a local authority, an iwi authority, or a Treaty settlement entity that has an interest in the area. The panel will also invite comments from other groups and people who may be affected by the application.

The panel will invite comments from people who have protected customary rights or customary marine title in the area. They will also invite comments from the owners and occupiers of the land, and from the Minister for the Environment. You can comment if you are an administering agency, a requiring authority, or if you have a designation on the land.

If the application includes certain types of approvals, such as resource consent or concession, the panel will invite comments from specific people or groups. For example, if the application includes a Marine and Coastal Area (Takutai Moana) Act 2011, the panel will invite comments from applicant groups under that Act. The panel can also invite comments from any other person they think is appropriate.

The panel must consider comments from people who may be affected by the application, including tangata whenua of any area within the area to which the substantive application relates that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws or regulations made under Part 9 of the Fisheries Act 1996. You can find more information about the Fast-track Approvals Act 2024 and the Marine and Coastal Area (Takutai Moana) Act 2011 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969156.


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"Panel leader gives important project information to the decision-making team"


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54: General provisions relating to invitations given under section 53, or

"Rules for commenting on big projects when the EPA asks for your opinion"

Part 2Fast-track approvals process
Panel consideration of substantive application: Opportunity for comment on substantive application

53Panel invites comments on substantive application

  1. A panel must direct the EPA to, in accordance with this section, invite written comments on a substantive application not later than 10 working days after the panel is set up.

  2. Comments must be invited from—

  3. the relevant local authorities; and
    1. any relevant iwi authorities; and
      1. any relevant Treaty settlement entities, including, to avoid doubt,—
        1. an entity that has an interest under a Treaty settlement within the area to which the substantive application relates; and
          1. an entity operating in a collective arrangement, provided for under a Treaty settlement, that relates to that area; and
          2. any protected customary rights groups and customary marine title groups whose protected customary rights area or customary marine title is within the area to which the substantive application relates; and
            1. any applicant group under the Marine and Coastal Area (Takutai Moana) Act 2011 that is identified in the report prepared under section 18 or 49 and seeks recognition of customary marine title or protected customary rights within the area to which the substantive application relates; and
              1. ngā hapū o Ngāti Porou if the area to which the substantive application relates is within or adjacent to, or the activities to which it relates would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and
                1. the tangata whenua of any area within the area to which the substantive application relates that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws or regulations made under Part 9 of the Fisheries Act 1996; and
                  1. the owners of the land to which the substantive application relates and the land adjacent to that land; and
                    1. the occupiers of the land to which the substantive application relates and the land adjacent to that land unless, after reasonable inquiry, an occupier cannot be identified; and
                      1. the Minister for the Environment and other relevant portfolio Ministers; and
                        1. relevant administering agencies; and
                          1. any requiring authority that has a designation on land to which the substantive application relates or on land adjacent to that land; and
                            1. if the approvals sought in the substantive application include—
                              1. an approval described in section 42(4)(a) or (d) (resource consent or designation), the persons and groups listed in clause 13 of Schedule 5:
                                1. an approval described in section 42(4)(e) (concession), the persons listed in clause 5 of Schedule 6:
                                  1. an approval described in section 42(4)(g) (conservation covenant), the persons listed in clause 44 of Schedule 6:
                                    1. an approval described in section 42(4)(h) (wildlife approval), the persons listed in clause 4 of Schedule 7:
                                      1. an approval described in section 42(4)(k) (marine consent), the persons listed in clause 5 of Schedule 10:
                                        1. an approval described in section 42(4)(l) or (m) (access arrangement), the persons listed in clause 5 of Schedule 11:
                                          1. an approval described in section 42(4)(n) (mining permit), the person listed in clause 18 of Schedule 11; and
                                          2. any persons or groups specified by the Minister under section 27(3)(b)(iii).
                                            1. Comments may be invited from any other person the panel considers appropriate.

                                            Compare
                                            • 2020 No 35 Schedule 6 cl 17
                                            • 2023 No 46 Schedule 10 cl 26