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Fast-track Approvals Act 2024

Fast-track approvals process - Panel consideration of substantive application - Draft decisions on approvals

70: Panel seeks comment on draft conditions before granting approval

You could also call this:

“Panel asks for feedback on rules before saying yes to a project”

Before a panel decides to give approval for something, they need to ask for comments on their draft conditions. The Environmental Protection Authority (EPA) will send these draft conditions to the person who applied, anyone who commented earlier, and any local authority or group responsible for making sure the conditions are followed.

When the EPA sends out the draft conditions, they will tell you when you need to send your comments back by. They will also include a draft of the panel’s decision. Sometimes, the EPA might not share all the information if they think there’s a good reason to keep it private.

After people send in their comments, the EPA will share these comments electronically with the panel, the person who applied, and everyone who commented earlier. The person who applied can respond to these comments within 5 working days after the deadline for comments.

This process helps make sure that everyone involved can have a say about the conditions before a final decision is made.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS985134.

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"Panel tells you their plan to say no and asks for changes before making final decision"

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Part 2 Fast-track approvals process
Panel consideration of substantive application: Draft decisions on approvals

70Panel seeks comment on draft conditions before granting approval

  1. Before a panel decides to grant an approval under section 81, the panel must direct the EPA to provide a copy of its draft conditions to the following, inviting comments on the draft conditions:

  2. the applicant; and
    1. every person or group that provided comments under section 35 or 53; and
      1. any local authority or other body with a statutory responsibility to enforce or monitor compliance with the conditions.

        1. In providing the draft conditions and invitation to comment under subsection (1), the EPA—

        2. must include the date set by the panel by which comments on the draft conditions must be received by the EPA; and
          1. must include a copy of the panel's draft decision document for each approval; and
            1. 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 EPA must provide electronic copies of comments received under subsection (1) to—

              2. the panel; and
                1. the applicant; and
                  1. every person or group that provided comments under section 35 or 53.

                    1. The applicant may provide the EPA with a response to the comments not later than 5 working days after the date specified under subsection (2)(a).

                    Compare
                    • 2020 No 35 Schedule 6 cl 36