Fast-track Approvals Act 2024

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

83: Conditions must be no more onerous than necessary

You could also call this:

“Rules must be fair and not too tough”

When a panel decides to set a condition under this Act, they need to be careful. They can only make the condition as strict as it needs to be. The condition should only deal with the specific reason it’s being set. The panel can’t make the condition any stricter than that. This rule applies whenever the panel is using their power to set conditions under this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS989552.


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

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"Rules about honouring Māori rights when making decisions"

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

83Conditions must be no more onerous than necessary

  1. When exercising a discretion to set a condition under this Act, the panel must not set a condition that is more onerous than necessary to address the reason for which it is set in accordance with the provision of this Act that confers the discretion.