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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Panel decisions

81: Decisions on approvals sought in substantive application

You could also call this:

“How a panel decides on big project approvals”

When a panel looks at a big application, they need to decide whether to give the go-ahead or not for each part of it. Here’s how they do it:

The panel will look at the application and all the advice they’ve gotten about it. They’ll use special rules to help them decide, and these rules are different depending on what kind of approval is being asked for.

When they’re making their decision, the panel needs to think about how much the project will help the region or the whole country. If the application is just for part of a bigger project, they’ll focus on that part but can also think about how good the whole project might be.

The panel has to follow certain rules when they’re deciding. They need to look at all the information they’ve been given, but they don’t have to look at stuff that comes in late. They can if they want to, though, as long as they haven’t made their final decision yet.

If the panel says yes to the application, they can set conditions that need to be followed. There are special rules about how to set these conditions.

The panel can only say no to an application for certain reasons, which are explained in another part of the law.

Remember, this is all part of a bigger law called the Fast-track Approvals Act 2024, which has its own purpose that the panel needs to keep in mind when they’re making decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS978159.

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

81Decisions on approvals sought in substantive application

  1. A panel must, for each approval sought in a substantive application, decide whether to—

  2. grant the approval and set any conditions to be imposed on the approval; or
    1. decline the approval.

      1. For the purpose of making the decision, the panel—

      2. must consider the substantive application and any advice, report, comment, or other information received by the panel under section 51, 52, 53, 55, 58, 67, 68, 69, 70, 72, or 90:
        1. must apply the applicable clauses set out in subsection (3) (see those clauses in relation to the weight to be given to the purpose of this Act when making the decision):
          1. must comply with section 82, if applicable:
            1. must comply with section 83 in setting conditions:
              1. may impose conditions under section 84:
                1. may decline the approval only in accordance with section 85.

                  1. For the purposes of subsection (2)(b), the clauses are as follows:

                  2. for an approval described in section 42(4)(a) (resource consent), clauses 17 to 22 of Schedule 5:
                    1. for an approval described in section 42(4)(b) (change or cancellation of resource consent condition), in relation to a condition of a coastal permit specified under section 186H(3) of the Fisheries Act 1996, clauses 20 to 22 of Schedule 5:
                      1. for any other approval described in section 42(4)(b) (change or cancellation of resource consent condition), clause 23 of Schedule 5:
                        1. for an approval described in section 42(4)(c) (certificate of compliance), clause 27 of Schedule 5:
                          1. for an approval described in section 42(4)(d) (designation), clauses 24 and 25 of Schedule 5:
                            1. for an approval described in section 42(4)(e) (concession), clauses 7 to 9 of Schedule 6:
                              1. for an approval described in section 42(4)(f) (land exchange), clauses 29 to 33 of Schedule 6:
                                1. for an approval described in section 42(4)(g) (conservation covenant), clauses 45 and 46 of Schedule 6:
                                  1. for an approval described in section 42(4)(h) (wildlife approval), clauses 5 and 6 of Schedule 7:
                                    1. for an approval described in section 42(4)(i) (archaeological authority), clauses 4 and 5 of Schedule 8:
                                      1. for an approval described in section 42(4)(j) (complex freshwater fisheries activity approval), clauses 5 and 6 of Schedule 9:
                                        1. for an approval described in section 42(4)(k) (marine consent), clauses 6 and 7 of Schedule 10:
                                          1. for an approval described in section 42(4)(l) (access arrangement), clauses 7, 9, and 10 of Schedule 11:
                                            1. for an approval described in section 42(4)(m) (access arrangement), clauses 8, 9, and 10 of Schedule 11:
                                              1. for an approval described in section 42(4)(n) (mining permit), clauses 19 to 21 of Schedule 11.

                                                1. When taking the purpose of this Act into account under a clause referred to in subsection (3), the panel must consider the extent of the project's regional or national benefits.

                                                2. For the purposes of subsection (4), if the substantive application was made under section 42(1)(b), the panel—

                                                3. must treat the stage of the project to which the application relates as constituting the project; but
                                                  1. may consider the regional or national benefits of the whole project, having regard to the likelihood that any later stages of the project will be completed.

                                                    1. Despite subsection (2)(a), the panel—

                                                    2. is not required to consider any advice, report, comment, or other information it receives under section 51, 53, 55, 67, 69, 70, or 72 after the applicable time frame; but
                                                      1. may, in its discretion, consider the information as long as the panel has not made its decision under this section on the approval.

                                                        1. To avoid doubt, nothing in this section or section 82 or 85 limits section 7.