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Fast-track Approvals Act 2024

Fast-track approvals process - Referral of project to fast-track approvals process - Decision on referral application

22: Criteria for assessing referral application

You could also call this:

"How the Minister decides which projects to fast-track"

Illustration for Fast-track Approvals Act 2024

When you apply to have a project considered for fast-track approval, the Minister looks at certain criteria. The project must be an infrastructure or development project that would have significant regional or national benefits. The Minister also considers whether referring the project to the fast-track approvals process would facilitate the project. You can think of facilitation as making something easier or faster. The Minister looks at whether the project would be processed in a more timely and cost-effective way than under normal processes. The Minister also considers whether the fast-track approvals process would be affected by the project. The Minister must consider a relevant Government policy statement when looking at the project's benefits. The Minister may also consider other factors, such as whether the project is a priority, would deliver significant infrastructure, or increase the supply of housing. The Minister may look at whether the project would support primary industries, like aquaculture, or contribute to climate change mitigation. If the project involves a land exchange, the Minister must consider the impact on the person managing the Crown-owned reserve. In some cases, the Minister may compare the project's activity against other uses of the space, considering economic benefits and environmental impacts. The Minister may also look at the project's consistency with local or regional planning documents. Some projects, like aquaculture activities, may be considered to meet the criteria if they are in a certain area or the applicant is authorised to apply for a coastal permit. The Minister's considerations do not limit their ability to look at other relevant matters. You can find more information about the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991 by following these links.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS979047.

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"The Minister decides whether to approve a project for fast-track processing."

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Part 2Fast-track approvals process
Referral of project to fast-track approvals process: Decision on referral application

22Criteria for assessing referral application

  1. The criteria for accepting a referral application are that—

  2. the project is an infrastructure or development project that would have significant regional or national benefits; and
    1. referring the project to the fast-track approvals process—
      1. would facilitate the project, including by enabling it to be processed in a more timely and cost-effective way than under normal processes; and
        1. is unlikely to materially affect the efficient operation of the fast-track approvals process.

        2. For the purposes of subsection (1)(a), the Minister must consider a relevant Government policy statement.

        3. For the purposes of subsection (1)(a), the Minister may consider—

        4. whether the project—
          1. has been identified as a priority project in a central government, local government, or sector plan or strategy (for example, in a general policy statement or spatial strategy), or a central government infrastructure priority list:
            1. will deliver new regionally or nationally significant infrastructure or enable the continued functioning of existing regionally or nationally significant infrastructure:
              1. will increase the supply of housing, address housing needs, or contribute to a well-functioning urban environment (within the meaning of policy 1 of the National Policy Statement on Urban Development 2020):
                1. will deliver significant economic benefits:
                  1. will support primary industries, including aquaculture:
                    1. will support development of natural resources, including minerals and petroleum:
                      1. will support climate change mitigation, including the reduction or removal of greenhouse gas emissions:
                        1. will support climate change adaptation, reduce risks arising from natural hazards, or support recovery from events caused by natural hazards:
                          1. will address significant environmental issues:
                            1. will promote competition in the grocery industry:
                              1. is consistent with local or regional planning documents, including spatial strategies:
                              2. any other matters the Minister considers relevant.

                                1. Subsection (4) applies if—

                                2. the proposed approvals for the project include an approval described in section 42(4)(f) (land exchange); and
                                  1. the land to be exchanged by the Crown is—
                                    1. a Crown-owned reserve; and
                                      1. managed by someone other than the Department of Conservation.

                                      2. For the purposes of subsection (1)(a), the Minister must consider the impact of the proposed land exchange on the person or persons responsible for managing the Crown-owned reserve.

                                      3. Subsection (6) applies if the Minister considers there is likely to be competition for space in areas of New Zealand's continental shelf or exclusive economic zone between activity involved in the project proposed to be undertaken under an approval described in section 42(4)(k) (marine consent) and—

                                      4. any activities to which the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or any other specified Act applies; or
                                        1. commercial fisheries activities.

                                          1. For the purposes of subsection (1)(a), the Minister may compare the activity involved in the project against the current and other likely uses of the space, taking into account—

                                          2. the economic benefits and strategic importance of the proposed project; and
                                            1. the likely impact of the proposed project on current and proposed marine management regimes; and
                                              1. the environmental impacts of the competing activities.

                                                1. A project is considered to meet the criterion in subsection (1)(a) if the project is an aquaculture activity—

                                                2. that is within an aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 or an area reserved under another Treaty settlement for the aquaculture activities of a particular group; and
                                                  1. for which the applicant who is proposed to hold an approval described in section 42(4)(a) (resource consent) is authorised to apply for a coastal permit under the Resource Management Act 1991.

                                                    1. Subsections (4) and (6) do not limit subsection (2)(b).

                                                    Compare
                                                    Notes
                                                    • Section 22(1A): inserted, on , by section 12(1) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).
                                                    • Section 22(2)(a)(ixa): inserted, on , by section 12(2) of the Fast-track Approvals Amendment Act 2025 (2025 No 78).