COVID-19 Recovery (Fast-track Consenting) Bill

  • enacted

Processing of consent applications and notices of requirement

17 Public and limited notification not permitted

(1)

A panel must not give public or limited notification of a consent application or notice of requirement.

(2)

However, not later than 10 working days after the EPA receives a consent application or notice of requirement under clause 2, a panel must invite written comments on a consent application or notice of requirement before it from the persons or groups set out in subclauses (4) to (7).

(2)

However, not later than 5 working days after the EPA has determined that the application meets the requirements of clause 3 and has referred the consent application or notice of requirement to a panel under that clause, the panel must invite written comments on the application or notice of requirement before it from the persons or groups listed in subclauses (4) to (7).

(3)

The requirements for a notice given under this clause are in clause 18.

Persons that must or may be invited to comment on listed project

(4)

For a listed project, a panel must invite comments on a consent application or notice of requirement before it from the following:

(a)

the relevant local authorities; and

(b)

the relevant iwi authorities; and

(c)

a Treaty settlement entity relevant to the listed project, including an entity that has an interest under a Treaty settlement in an area where a listed project is to occur; and

(d)

if a consent application relates to an activity in a customary marine title area, the relevant customary marine title group; and

(e)

if a consent application relates to an activity in a protected customary rights area, the relevant protected customary rights group; and

(f)

the owners and occupiers of the land on which the project is to be undertaken and the land adjacent to that land; and

(fa)

the occupiers of the land on which the project is to be undertaken and the land adjacent to that land unless, after reasonable inquiry, an occupier cannot be identified; and

(g)

Ministers of the Crown responsible for the following portfolios:

(i)

Arts, Culture, and Heritage; and

(ii)

Climate Change; and

(iii)

Conservation; and

(iv)

Defence; and

(v)

Education; and

(vi)

Housing; and

(vii)

Infrastructure; and

(viii)

Land Information; and

(ix)

Local Government; and

(x)

Māori Crown Relations: Te Arawhiti; and

(xi)

Transport; and

(xii)

Treaty of Waitangi negotiations; and

(xiii)

Urban Development; and

(h)

the Director-General of Conservation.; and

(i)

each of the organisations listed in subclause (6)(k) to (u); and

(j)

any requiring authority that has a designation on land on which the project is to be undertaken, or on land that is adjacent to the land on which the project is to be undertaken.

(5)

A panel may invite written comments from any other person the panel considers appropriate.

Persons who must or may be invited to comment on referred project

(6)

For a referred project, a panel must invite comments on a consent application or notice of requirement before it from the following:

(a)

the relevant local authorities; and

(b)

the relevant iwi authorities; and

(c)

the relevant iwi authorities, including those identified in the report obtained under section 17(2) 17(1); and

(d)

a Treaty settlement entity relevant to the referred project, including—

(i)

an entity that has an interest under a Treaty settlement in an area where a referred project is to occur; and

(ii)

an entity identified in the report obtained under section 17(2) 17(1); and

(e)

if a consent application relates to an activity in a customary marine title area, the relevant customary marine title group (including any relevant customary marine title group identified in the report obtained under section 17(2) 17(1)); and

(f)

if a consent application relates to an activity in a protected customary rights area, the relevant protected customary rights group (including any relevant protected customary rights group identified in the report obtained under section 17(2) 17(1)); and

(g)

any applicant group under the Marine and Coastal Area (Takutai Moana) Act 2011 identified in the report obtained under section 17(2) 17(1); and

(h)

the owners and occupiers of the land on which the project is to be undertaken and the land adjacent to that land; and

(ha)

the occupiers of the land on which the project is to be undertaken and the land adjacent to that land unless, after reasonable inquiry, an occupier cannot be identified; and

(i)

Ministers of the Crown responsible for the portfolios listed in subclause (4)(g); and

(j)

the Director-General of Conservation; and

(k)

Business New Zealand Incorporated; and

(l)

the Climate Change Commission; and

(m)

Employers’ and Manufacturers’ Association (Northern) Incorporated; and

(n)

Environmental Defence Society Incorporated; and

(o)

Generation Zero Incorporated; and

(p)

Greenpeace of New Zealand Incorporated; and

(pa)

Heritage New Zealand Pouhere Taonga; and

(q)

Infrastructure New Zealand Incorporated; and

(r)

the New Zealand Fish and Game Council; and

(s)

the New Zealand Infrastructure Commission/Te Waihanga; and

(t)

Property Council of New Zealand Incorporated; and

(u)

Royal Forest & Bird Protection Society of New Zealand Incorporated.; and

(v)

any requiring authority that has a designation on land on which the project is to be undertaken, or on land that is adjacent to that land.

(6A)

A panel must also invite comments on a referred project from any person listed in a referral order (see section 24(2)(e)).

(7)

A panel may invite comments from any other person the panel considers appropriate.

(8)

If a panel has not been appointed by the date provided for under subclause (2), the panel convener must, without undue delay, appoint a panel which must, without undue delay, comply with the requirements of that clause.