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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:

“The Conservation boss writes a report about swapping land”

When the Director-General of Conservation decides that a proposed land exchange meets certain requirements, they must ask for written comments from specific people and groups. These include various individuals and organisations listed in other parts of the law, as well as any groups that are negotiating Treaty settlements in the area where the land exchange might happen.

The Director-General has to follow certain rules about how to ask for these comments, including how much time people have to respond. They need to treat this process as if they were the panel or the EPA mentioned in other parts of the law.

After getting comments, the Director-General has to write a report for the person who wants to exchange the land. This report must include specific information and attach the original request for the land exchange and any comments received.

The Director-General can also give advice about how the land exchange relates to other parts of the law.

Before finishing the report, the Director-General must ask for comments on a draft from the person who wants to exchange the land and from anyone who gave comments earlier. The Director-General will set a date for when these comments need to be received.

The Director-General has to give the final report to the person who wants to exchange the land within a timeframe set by the panel convener. They don’t have to consider comments that come in late, but they can if they want to, as long as the report isn’t finished yet.

The person who wants to exchange the land can’t apply for their project until they get this report from the Director-General.

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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 2 Fast-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.

          1. For the purposes of subsection (1), sections 53(3), 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. The Director-General of Conservation must provide a report to the applicant that includes—

                2. 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.