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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Steps by panel convener after receiving substantive application from EPA

51: Panel convener obtains other advice and reports

You could also call this:

“Panel leader asks for expert advice to help make decisions”

After the Environmental Protection Authority (EPA) receives a big application, the person in charge of the panel has to ask the EPA to get some important information. They need to get advice from the right government agencies to help the panel make decisions about the approvals in the application.

The panel leader also needs to get special reports for certain types of approvals. For example, if someone wants to do something on land owned by the government, they need a report from the head of the Department of Conservation. There are different reports needed for things like protecting wildlife, looking after historic places, or mining.

These reports can give advice about important things the panel needs to think about. They can also say if any of the activities in the application aren’t allowed.

The EPA usually needs to get this advice or these reports within 10 working days after the panel asks for comments from people. But for some reports, like ones about mining, they might get more time.

When the EPA gets the advice or reports, they have to share them with the panel, the person who made the application, and anyone who gave comments earlier. But the EPA can keep some information secret if there’s a good reason to, like the government’s Official Information Act says.

People who get to see these reports aren’t allowed to make more comments unless the panel asks them to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS982578.

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Steps by panel convener after receiving substantive application from EPA

51Panel convener obtains other advice and reports

  1. After receiving a substantive application from the EPA, the panel convener must direct the EPA to obtain—

  2. any advice from the relevant administering agencies that the panel convener considers will be necessary for the panel to consider, and make decisions on, the approvals sought in the application; and
    1. any reports referred to in subsection (2).

      1. The reports are as follows:

      2. if the substantive application seeks an approval described in section 42(4)(e) (concession) on land that is vested in the Crown, a report prepared by the Director-General of Conservation in accordance with clause 4 of Schedule 6:
        1. if the substantive application seeks an approval described in section 42(4)(g) (conservation covenant), a report prepared by the Director-General of Conservation in accordance with clause 43 of Schedule 6:
          1. if the substantive application seeks an approval described in section 42(4)(h) (wildlife approval), a report prepared by the Director-General of Conservation in accordance with clause 3 of Schedule 7:
            1. if the substantive application seeks an approval described in section 42(4)(i) (archaeological authority), reports prepared by Heritage New Zealand Pouhere Taonga and the Māori Heritage Council in accordance with clause 3 of Schedule 8:
              1. if the substantive application seeks an approval described in section 42(4)(j) (complex freshwater fisheries activity approval), a report prepared by the Director-General of Conservation in accordance with clause 4 of Schedule 9:
                1. if the substantive application seeks an approval described in section 42(4)(l) or (m) (access arrangement), a report prepared in accordance with clause 4 of Schedule 11 by the chief executives of the 1 or more departments that administer the land to which the approval relates:
                  1. if the substantive application seeks an approval described in section 42(4)(n) (mining permit), a report prepared by the relevant chief executive in accordance with clause 17 of Schedule 11.

                    1. A report may, in relation to the relevant approval, include advice on—

                    2. matters relevant to section 82, 83, or 84; and
                      1. whether any of the activities that would be authorised by the approval are ineligible activities.

                        1. Advice or a report requested under subsection (1) must be provided to the EPA—

                        2. within 10 working days after the panel invites comments under section 53; or
                          1. in the case of a report referred to in subsection (2)(g), within a longer time frame set by the panel convener.

                            1. The EPA—

                            2. must provide electronic copies of the advice or report to—
                              1. the panel; and
                                1. the applicant; and
                                  1. every person or group that provides comments under section 35 or 53; and
                                  2. in complying with paragraph (a)(ii) and (iii), may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 if the information were requested under that Act.

                                    1. The persons and groups that receive advice or a report under subsection (5)(a)(iii) may not make any further comments unless requested by the panel.