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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 should be approved quickly"

Illustration for Fast-track Approvals Act 2024

When you apply to have a project approved quickly, the Minister looks at certain things to decide if it should be approved. The Minister checks if the project will benefit the region or the whole country. The Minister also checks if approving the project quickly will help it happen faster and be more cost-effective.

The Minister thinks about many things when deciding if a project is good for the region or country, such as if it is a priority project, if it will create new jobs, or if it will help with housing. You can find more information about what the Minister thinks about in the National Policy Statement on Urban Development 2020. The Minister also thinks about if the project will help the environment or if it will make a lot of money.

If the project involves swapping land with the government, the Minister must think about how this will affect the people who manage the land. The Minister also thinks about if there will be competition for space in the ocean between this project and other activities, such as fishing or other projects that need a marine consent. You can find more information about marine consents in the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

When the Minister compares the project to other activities, they think about which one is more important, which one will help the environment more, and which one will make more money. If the project is an aquaculture activity, such as farming fish or shellfish, the Minister checks if it is in a special area set aside for this type of activity, such as an aquaculture settlement area declared under the Maori Commercial Aquaculture Claims Settlement Act 2004. The Minister also checks if the person applying for the project is allowed to apply for a coastal permit under the Resource Management Act 1991.

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21: Minister's decision on referral application, or

"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 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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