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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Decisions about referral of projects and process of referral - Process after Minister receives referral application

18B: Effect of Treaty settlements and other obligations on decision making

You could also call this:

“Minister must follow special rules when deciding about projects”

When the Minister is making decisions about a project, they need to consider special agreements and laws. These include Treaty settlements, laws about the sea and coast, and agreements with Māori groups. If these agreements say certain documents should be considered or specific steps should be followed, the Minister must do so.

The Minister has to make sure these documents have the same effect in their decision-making as they would under other laws. They also need to follow any special steps that these agreements require.

When the Minister tells a panel to look at an application for a project, they must tell the panel to follow these special requirements too.

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

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Māori affairs > Treaty of Waitangi
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18A: Process after Minister receives referral application, or

“What the Minister does when they get an application”

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19: Process after joint Ministers receive application Minister invites comments, or

“Minister asks for feedback on new projects from important people”

Part 2 Fast-track approval approvals process for eligible projects
Decisions about referral of projects and process of referral: Process after Minister receives referral application

18BEffect 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 24 , 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) .