Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Process for panel consideration of substantive application - Panel decisions

24WA: Effect of Treaty settlements and other obligations on decision making

You could also call this:

“Treaty settlements and Māori agreements must be considered when making approval decisions”

When making decisions about approvals, the panel must consider certain things if they are relevant. These include Treaty settlements, specific Acts about the marine and coastal area, and agreements with Māori groups.

If any of these documents say how they should be considered, the panel must give them the same importance as they would get under other laws. This means the panel can’t ignore these documents when making decisions.

The panel also needs to think about whether giving approval would follow the rules in section 6. This is especially important if a Treaty settlement or the Acts mentioned earlier are relevant to the decision.

If there’s an agreement with Māori groups that’s relevant, the panel needs to make sure their decision fits with what the agreement says.

When the law talks about ‘documents’, it means more than just papers. It can include agreements, plans, or other important information. This includes any official planning documents that have been changed because of the settlements or agreements mentioned earlier.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Māori affairs > Treaty of Waitangi
Māori affairs > Māori land
Environment and resources > Town planning
Government and voting > Local councils
Previous

24W: Decisions on approvals sought in substantive application, or

“How the panel decides if you can get approval for your project”

Next

24WB: Conditions must be no more onerous than necessary, or

“Rules set by the panel should be just tough enough, not too tough”

Part 2 Fast-track approval approvals process for eligible projects
Process for panel consideration of substantive application: Panel decisions

24WAEffect 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, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, a Mana Whakahono ā Rohe, or a joint management agreement is relevant to the approval.

  2. If the settlement, Act, arrangement, or agreement 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,—

  4. if a Treaty settlement or an Act referred to in subsection (1) is relevant to the approval, consider whether granting the approval would comply with section 6 ; and
    1. if a Mana Whakahono ā Rohe or joint management agreement is relevant to the approval, consider whether granting the application would be consistent with the arrangement or agreement.

      1. In this section, document—

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