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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:

"Getting and sharing the decision: how you're told about the outcome and where to find it"

Illustration for Fast-track Approvals Act 2024

When a decision is made about a big application, you get a special document called a decision document. This document must be given to you at the same time as other people, including the person who applied, a chief executive if they made a recommendation about an aquaculture decision after a request under section 48, and people who were asked for comments under section 35 or 53. You also get this document if you are a local authority, an administering agency, or someone else the panel thinks should get it. The document must include information about how to appeal the decision under section 99.

The decision document must be put on a website for everyone to see, and it must be free. However, some information might be left out if the EPA thinks it is a good reason to keep it secret under the Official Information Act 1982.

If a panel makes a recommendation, it is treated like a decision, and the document must be given to the Minister as well. But it does not need to include information about how to appeal.

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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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Part 2Fast-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