Fast-Track Approvals – Cutting through the Noise

The much discussed Fast-Track Approvals Bill 2024 (Bill) is currently sitting with Parliament’s Environment Select Committee, which is collating the over 10,000 submissions received in to report back to the House and recommend changes to the Bill. 

The Bill aims to expedite approvals for significant infrastructure and development projects, promising decisions within six months under nine different laws.

The Bill introduces some interesting new features:

• Decision-making authority rests jointly with the Ministers of Infrastructure, Transport, and Regional Development (the Minister for the Environment is notable for its absence – indicating what the Bill’s priority is).

• Activities prohibited under the Resource Management Act 1991 (RMA) can receive consent.

• Project impact on the fast-track process itself is a consideration.

• High Court appeals are allowed, but not to the Court of Appeal.

Transferring decision-making power to elected politicians marks a particularly significant change. This move has and will continue to draw scrutiny, as it diverges from the previous model that involved an expert panel with the power to approve or decline consent. Under this new model, the expert panel can only draft conditions and provide recommendations – it cannot approve or decline consents.

The Bill allows applications for activities normally prohibited under the RMA, likely addressing issues like wetland regulations under the National Environmental Standard for Freshwater Regulations 2020. This workaround is for select projects while broader RMA reforms are ongoing. Though controversial, this approach could spark concerns about unlikely scenarios, such as applications for nuclear energy.

The eligibility criteria for determining whether a project meets the purpose of the Bill and should be referred to an expert panel, includes whether a project will support primary industries and the development of natural resources, including minerals and petroleum.

Consents will lapse after two years, meaning it won’t be a viable option for entities wanting to secure mid to long-term approvals.

What’s Next

The Bill is under review by the Environment Select Committee. Public submissions are open until 19 April 2024. For discussions on the Bill, the fast-track process, or assistance with submissions, contact our Resource Management team.