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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Suspension of processing substantive application

62: Minister may direct suspension in processing substantive application

You could also call this:

"The Minister can stop an application from being processed if they think it needs more approvals."

Illustration for Fast-track Approvals Act 2024

The Minister can tell the EPA to stop working on a substantive application at any time after it has been given to a panel. You will know this has happened if the EPA gets a written direction from the Minister with reasons why the application should be stopped. The Minister can do this if they think the project needs different or more approvals, and these approvals are related to the same law as the application.

The Minister might think the project would be better understood if the application were changed to include these approvals before the panel keeps going. If the EPA gets a direction from the Minister, they must tell the panel, local authorities, the person who applied, and some other people about it within 5 working days. The EPA must include a copy of the Minister's direction and reasons in this notice.

When the panel or some other people get this notice, they must stop working on the application. The EPA has to tell people like the panel, local authorities, and the applicant about the Minister's direction. They also have to tell people who were asked for advice or a report under section 51 or a recommendation under section 48, and people who were invited to comment under section 35 or 53.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969216.

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61: EPA may direct suspension in processing substantive application, or

"The EPA can pause your application if you haven't paid their costs, and will restart it when you pay."

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63: Resumption in processing substantive application following suspension under section 62, or

"When the Minister stops an application, they can start it again and must say why in writing."

Part 2Fast-track approvals process
Panel consideration of substantive application: Suspension of processing substantive application

62Minister may direct suspension in processing substantive application

  1. The Minister may, at any time after a substantive application has been provided to a panel, give a written direction, with reasons, to the EPA that processing of the application be suspended.

  2. The Minister may give a direction under subsection (1) if the Minister considers that—

  3. different or further approvals are required in respect of the project; and
    1. those approvals relate to the same specified Act as an approval that is sought in the substantive application; and
      1. the nature of the project would be better understood if the substantive application were amended to seek those approvals before the panel proceeds further.

        1. If the EPA receives a direction from the Minister under subsection (1), the EPA must, within 5 working days after receiving the direction, give notice of the direction to—

        2. the panel; and
          1. the relevant local authorities; and
            1. the applicant; and
              1. if advice or a report has been requested from a person under section 51 and is yet to be provided to the EPA, that person; and
                1. if a recommendation has been requested from the relevant chief executive under section 48 and is yet to be made, the relevant chief executive; and
                  1. if persons or groups have been invited to provide comments under section 35 or 53, those persons or groups.

                    1. A notice under subsection (3) must include a copy of the direction and reasons received from the Minister by the EPA.

                    2. The panel and a person referred to in subsection (3)(d) or (e) must suspend processing of the substantive application if they receive a notice under subsection (3).

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