Fast-track Approvals Act 2024

Fast-track approvals process - Steps before lodging substantive application - Preliminary steps for application for land exchange

35: Director-General of Conservation’s report on land exchange

You could also call this:

"Report on swapping land to make sure it's a good idea"

Illustration for Fast-track Approvals Act 2024

When you want to exchange land, the Director-General of Conservation must ask for comments from certain people. You will be asked for comments if you are in a group that is affected by the land exchange. The Director-General of Conservation will write a report about the land exchange. The Director-General of Conservation must include certain information in the report, such as comments from people who are affected by the land exchange. You can comment on the report before it is finalised. The Director-General of Conservation will give the report to the person who wants to exchange the land. The person who wants to exchange the land cannot lodge their application until they get the report. The Director-General of Conservation has a time frame to give the report to the person. You can find more information about this process in section 34(2), section 53(2)(a) to (l), clause 25 of Schedule 6, section 27(3)(c)(iii), sections 54, 55, clause 26 of Schedule 6, section 33(1), section 82, 83, or 84.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS969695.

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Part 2Fast-track approvals process
Steps before lodging substantive application: Preliminary steps for application for land exchange

35Director-General of Conservation’s report on land exchange

  1. The Director-General of Conservation must, not later than 5 working days after deciding that section 34(2) is met, invite written comments on the proposed land exchange from—

  2. the persons and groups referred to in section 53(2)(a) to (l); and
    1. the persons listed in clause 25 of Schedule 6; and
      1. any persons or groups specified by the Minister under section 27(3)(c)(iii); and
        1. any groups with recognised negotiation mandates for, or current negotiations for, Treaty settlements in the area of the proposed land exchange; and
          1. any other person the Director-General of Conservation considers appropriate.
            1. For the purposes of subsection (1), sections 54 and 55, including the time frames for comments and responses, apply—

            2. as if references in those sections to a panel or the EPA were references to the Director-General of Conservation; and
              1. as if references in those sections to the area to which the substantive application relates were references to the area of the land exchange; and
                1. with any other necessary modifications.
                  1. Any comments made by a relevant local authority or a relevant administering agency must be relevant to the proposed land exchange and the report that the Director-General is required to prepare under this section.

                  2. The Director-General of Conservation must provide a report to the applicant that includes—

                  3. the matters specified in clause 26 of Schedule 6; and
                    1. in attachments,—
                      1. the information lodged under section 33(1); and
                        1. any comments received under subsection (1) or (5).
                        2. The report may, in relation to the proposed land exchange, also include advice on matters relevant to section 82, 83, or 84.

                        3. Before finalising the report, the Director-General of Conservation must invite written comments on the draft report from—

                        4. the applicant; and
                          1. every person or group that provided comments under subsection (1).
                            1. In inviting comments under subsection (5), the Director-General of Conservation must include a date by which comments on the report must be received by the Director-General.

                            2. The Director-General of Conservation must provide the report to the applicant within a time frame that is set by the panel convener after consulting the Director-General.

                            3. The Director-General of Conservation—

                            4. is not required to consider comments under subsection (1) or (5) that the Director-General receives after the time frame for providing the comments; but
                              1. may, in the Director-General’s discretion, consider the comments as long as the report has not been finalised.
                                1. The applicant must not lodge the substantive application for the project until they receive the report.

                                Notes
                                • Section 35(1)(e): inserted, on , by section 18(1) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                                • Section 35(2): amended, on , by section 18(2) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                                • Section 35(2A): inserted, on , by section 18(3) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).