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
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—
- the persons and groups referred to in section 53(2)(a) to (l); and
- the persons listed in clause 25 of Schedule 6; and
- any persons or groups specified by the Minister under section 27(3)(c)(iii); and
- any groups with recognised negotiation mandates for, or current negotiations for, Treaty settlements in the area of the proposed land exchange; and
- any other person the Director-General of Conservation considers appropriate.
For the purposes of subsection (1), sections 54 and 55, including the time frames for comments and responses, apply—
- as if references in those sections to a panel or the EPA were references to the Director-General of Conservation; and
- 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
- with any other necessary modifications.
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.
The Director-General of Conservation must provide a report to the applicant that includes—
- the matters specified in clause 26 of Schedule 6; and
- in attachments,—
- the information lodged under section 33(1); and
- any comments received under subsection (1) or (5).
- the information lodged under section 33(1); and
The report may, in relation to the proposed land exchange, also include advice on matters relevant to section 82, 83, or 84.
Before finalising the report, the Director-General of Conservation must invite written comments on the draft report from—
- the applicant; and
- every person or group that provided comments under subsection (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.
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.
The Director-General of Conservation—
- 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
- may, in the Director-General’s discretion, consider the comments as long as the report has not been finalised.
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).


