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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Process after Minister receives referral application

16: Effect of Treaty settlements and other obligations on decision making

You could also call this:

“How Treaty settlements and other agreements affect decisions on projects”

When the Minister is making decisions about a project, they need to follow special rules set by Treaty settlements and other important agreements. These rules might say that certain documents need to be considered or that specific steps need to be followed.

If these special rules apply, the Minister must do a few things. They must give the same importance to the documents mentioned in these agreements as they would under normal laws. They also need to follow any special steps that these agreements require.

When the Minister sends a notice about the project, they must tell the panel looking at the application to follow these special rules too.

In this law, a ‘document’ can mean many things. It could be a written document, an arrangement, or any other important matter. It also includes any official planning documents that have been changed because of these special agreements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS978263.

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Part 2 Fast-track approvals process
Referral of project to fast-track approvals process: Process after Minister receives referral application

16Effect of Treaty settlements and other obligations on decision making

  1. This section applies if a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, a Mana Whakahono ā Rohe, or a joint management agreement provides for—

  2. the consideration of any document:
    1. procedural requirements.

      1. The Minister must, where relevant,—

      2. give the document referred to in subsection (1)(a) the same or equivalent effect through the Minister's process and decision making as it would have under any relevant specified Act; and
        1. comply with any applicable procedural requirements referred to in subsection (1)(b); and
          1. in any notice under section 28, direct any panel that considers a substantive application for the project to comply with any applicable requirements.

            1. In this section, document—

            2. means any document, arrangement, or other matter; and
              1. includes any statutory planning document amended as a result of the settlement, Act, arrangement, or agreement referred to in subsection (1).