Fast-track Approvals Bill

Today the National-ACT-NZ First coalition government introduced the Fast-track Approvals Bill (Bill). The Bill forms part of the Government's first 100-Day Plan and features in National's coalition agreements with both ACT and NZ First.
 
The Bill aims to address the cost and time taken to consent major projects by creating a "one-stop shop" for approvals. The Bill is generally similar in substance to the fast-track processes in the former COVID-19 legislation and the now-repealed Natural and Built Environment Act 2023.
 
The Bill's purpose is to provide a fast-track decision-making process that facilitates the delivery of infrastructure and development projects with significant regional or national benefits. That means a wide range of projects could potentially be eligible. A key feature of the Bill is the process by which projects may gain access to the fast-track process. The Bill does so by creating a two-track system:

• Track 1: For projects that are automatically fast-tracked through listing in Schedule 2 of the Bill. The Bill, as introduced, does not list any projects in Schedule 2. We understand that close to 100 projects have been identified as potential projects for listing. An independent advisory group will assess nominated projects for Track 1. The independent advisory group will then recommend to Ministers which projects to include within the Bill. Ministers indicated that the list of projects will likely be added through Amendment Papers during the Committee of the Whole House stage of the Parliamentary process.
• Track 2: For applications made to the Infrastructure, Regional Development and Transport Ministers, who decide whether or not to fast-track the project.

The Bill creates a much wider "one-stop shop" approval regime than previous legislation. The wide scope of the Bill amends the following processes:

• resource consent, designation and or certificate of compliance process under the RMA 1991;
• streamlined Environment Court processes under the Public Works Act 1981;
• Wildlife Act 1953 approvals;
• concessions under the Conservation Act 1987 and Reserves Act 1977 (as well as other permissions for the latter);
• Freshwater Fisheries Regulations 1983 approvals;
• land access arrangements under the Crown Minerals Act 1991;
• archaeological authorities under the Heritage New Zealand Pouhere Taonga Act 2014;
• marine consents under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012;
• aquaculture decisions under the Fisheries Act 1996.

As foreshadowed by earlier Ministerial comments, the Bill does not include a requirement for decision-makers to give effect to the principles of Te Tiriti, instead preferring a more limited set of requirements in relation to Treaty settlements and other similar legislation or agreements.
 
The Bill also differs from earlier frameworks in that it leaves final approval of fast-tracked projects with the Ministers of Infrastructure, Regional Development, and Transport (and in certain cases, the Minister of Conservation, notably for wildlife approvals, concessions and Crown Mineral Act approvals), not the expert hearings panel. The Bill keeps expert panels which are required to provide detailed recommendations to Ministers within prescribed timeframes.
 
The Bill was introduced in the House of Representatives this afternoon and passed its first reading under urgency. The Bill has now been referred to the Environment Committee for the usual public submission process.

The Bill is the first key phase of the Government's proposed RMA reforms, following its repeal of the Natural and Built Environment Act 2023 and Spatial Planning Act 2023 late last year. RMA Reform is a defining priority for the Government over this Parliamentary term through to 2026, with a dedicated Minister Responsible for RMA Reform, Hon Chris Bishop. The table below summarises the likely phases of RMA reform over the next three years:

Please contact one of our experts if you want to discuss any details further.

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