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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Decision documents

88: Issue, service, and publication of decision documents

You could also call this:

“Panel tells people about important decisions and puts them online”

When a panel makes a decision about an important application, they need to tell several people and groups about it at the same time. They do this by sending out decision documents. These documents go to the person who made the application, and sometimes to government officials who gave advice. They also go to people who were asked for their thoughts on the application, local councils, and other groups the panel thinks should know.

With these decision documents, the panel must also tell everyone how long they have to appeal the decision if they don’t agree with it.

The Environmental Protection Authority (EPA) must put the decision documents on their website for everyone to see. It should be easy to find and free to look at. However, if there’s information in the documents that shouldn’t be shared publicly, the EPA can keep that part private.

Sometimes, instead of making a final decision, the panel gives a recommendation to a Minister. In this case, they follow similar steps to share the recommendation, but they don’t need to include information about appeals.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969626.

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"What goes into a panel's decision report"

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"Fixing small mistakes in decisions"

Part 2 Fast-track approvals process
Panel consideration of substantive application: Decision documents

88Issue, service, and publication of decision documents

  1. Each decision document that relates to a substantive application must be issued at the same time by being served on—

  2. the applicant; and
    1. if the relevant chief executive has made a recommendation on an aquaculture decision following a request under section 48 in respect of the substantive application, the relevant chief executive; and
      1. for an approval described in section 42(4)(i) (archaeological authority), the persons listed in clause 8 of Schedule 8; and
        1. the persons and groups invited to provide comments under section 35 or 53; and
          1. the relevant local authorities; and
            1. the relevant administering agencies; and
              1. other persons and authorities that the panel considers appropriate.

                1. A decision document must be served together with advice as to the time within which an appeal may be lodged under section 99.

                2. A decision document must be published on an internet site that is administered by or on behalf of the EPA and is publicly available as far as practicable and free of charge.

                3. In complying with subsection (3), the EPA may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 if the information were requested under that Act.

                4. This section applies to a recommendation made by a panel in accordance with section 76(2)(b) as if it were a decision of the panel, except that the notice under subsection (1)—

                5. must also be served on the appropriate Minister; and
                  1. need not include the information referred to in subsection (2).

                    Compare
                    • 2020 No 35 Schedule 6 cl 38
                    • 2023 No 46 Schedule 10 cl 37