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Fast-track Approvals Act 2024

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

82: Effect of Treaty settlements and other obligations on decision making

You could also call this:

“How Treaty settlements and sea laws affect decisions about approvals”

When a panel is making a decision about an approval, they need to think about certain things if they are related to Treaty settlements or specific laws about the sea and coastal areas. These laws are called the Marine and Coastal Area (Takutai Moana) Act 2011 and the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

If these settlements or laws say that certain documents should be considered, the panel must make sure they give those documents the same importance in their decision as they would under other relevant laws.

The panel also has to check if giving the approval would follow the rules in section 7 of this law.

When they talk about ‘documents’ here, they mean any kind of document, arrangement, or other matter. This includes any official planning documents that have been changed because of the settlements or laws mentioned earlier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS989549.

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

82Effect of Treaty settlements and other obligations on decision making

  1. This section applies if a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, or the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 is relevant to an approval.

  2. If the settlement or Act provides for the consideration of any document, the panel must give the document the same or equivalent effect through the panel's decision making as it would have under any relevant specified Act.

  3. The panel must also consider whether granting the approval would comply with section 7.

  4. In this section, document—

  5. means any document, arrangement, or other matter; and
    1. includes any statutory planning document amended as a result of the settlement or Act referred to in subsection (1).