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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 if a project can use the faster approval process”

When someone asks for their project to be referred to the fast-track approvals process, there are certain things that need to be considered. The project must be an important infrastructure or development project that would greatly benefit the region or the whole country. It should also be something that would be quicker and cheaper to process through the fast-track system, without causing problems for other projects using the same system.

The Minister can look at many different factors when deciding if a project is important enough. These include whether the project is already seen as a priority by the government, if it will create new important infrastructure or help existing infrastructure keep working, if it will provide more housing or improve cities, if it will bring significant economic benefits, support farming or fishing, help develop natural resources, fight climate change, protect against natural disasters, solve big environmental problems, or fit in with local plans.

If the project involves exchanging land with the government, and that land is a reserve looked after by someone other than the Department of Conservation, the Minister must think about how this will affect the people managing the reserve.

For projects in the sea that might compete with other activities for space, the Minister can compare the different uses of the area. They’ll think about how important the project is economically, how it might affect other sea management plans, and what environmental impacts the different activities might have.

If the project is about fish farming in an area set aside for Māori aquaculture activities, and the person applying has the right to apply for a coastal permit, it’s automatically considered an important project.

These are the main things the Minister will think about when deciding whether to accept a project for the fast-track process.

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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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"How the Minister decides if a project can use the fast-track process"

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Part 2 Fast-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 may consider—

        3. 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. 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).

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