Fast-track Approvals Amendment Act 2025
Checking for alerts... Loading...
Fast-track Approvals Amendment Act 2025
Public Act |
2025 No 78 |
|
Date of assent |
16 December 2025 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Fast-track Approvals Amendment Act 2025.
2 Commencement
(1)
This Act comes into force on 17 December 2025.
(2)
However, the following sections come into force on 31 March 2026:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(j)
Section 2(1): editorial change made by the PCO, on 24 December 2025, under sections 86(1) and 87(m) of the Legislation Act 2019 (2019 No 58).
3 Principal Act
This Act amends the Fast-track Approvals Act 2024.
Part 1 Amendments to Parts 1 and 2
4 Section 4 amended (Interpretation)
(1)
In section 4(1), definition of administering agency, paragraph (a), after “specified Act”
, insert “(other than the chief executives of the departments that, with the authority of the Prime Minister, are responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014 and the Resource Management Act 1991)”
.
(2)
In section 4(1), replace the definition of competing application with:
competing application, in relation to a substantive application (application A), means a substantive application or an application for an approval under a specified Act (application B) if—
(a)
the approval sought or applied for by application B relates to the same natural and physical resources as an approval sought by application A; and
(b)
the approval sought or applied for by application B could not be fully exercised (if at all) if the approval referred to in paragraph (a) were granted; and
(c)
application B was lodged by someone other than the person who lodged application A
(3)
In section 4(1), definition of complex freshwater fisheries activity, replace paragraph (c)(ii) and (iii) with:
(ii)
that require disturbance of any duration during the whitebaiting season to a water body within 500 m of the coast; or
(iii)
that require disturbance of any duration during the relevant spawning season to a water body that is known for the spawning of trout, salmon, or native fish; or
(4)
In section 4(1), definition of standard freshwater fisheries activity, replace paragraph (c)(ii) and (iii) with:
(ii)
that require disturbance of any duration outside the whitebaiting season to a water body within 500 m of the coast; or
(iii)
that require disturbance of any duration outside the relevant spawning season to a water body that is known for the spawning of trout, salmon, or native fish; or
(5)
In section 4(1), insert in their appropriate alphabetical order:
Government policy statement means a Government policy statement issued under section 10A
relevant portfolio Minister means a Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for,—
(a)
in relation to a proposed Government policy statement, a portfolio that is directly related to the subject of the proposed Government policy statement; or
(b)
in relation to a project, either or both of the following:
(i)
a portfolio that is directly related to the nature of the project (for example, the Minister responsible for energy, in the case of a project to construct a solar farm):
(ii)
the administration of a specified Act that relates to a proposed approval for the project or to an approval being sought in the substantive application (for example, the Minister responsible for the administration of the Heritage New Zealand Pouhere Taonga Act 2014, in the case of a project that requires an archaeological authority)
5 New section 10A inserted (Government policy statements)
After section 10, insert:
10A Government policy statements
(1)
The Minister may issue a Government policy statement.
(2)
The purpose of a Government policy statement is to state the Government’s policies about the regional or national benefits of certain types of infrastructure or development projects.
(3)
Before issuing a Government policy statement, the Minister—
(a)
must consult the relevant portfolio Ministers; and
(b)
may consult any other person the Minister thinks appropriate.
(4)
The responsible agency must—
(a)
notify a Government policy statement in the Gazette; and
(b)
make a Government policy statement available on an internet site administered by or on behalf of the responsible agency.
(5)
See section 22(1A), which requires the Minister to consider a relevant Government policy statement when making a decision to accept or decline a referral application.
(6)
See section 81(2)(aab), which requires a panel to consider a relevant Government policy statement when making a decision whether to grant an approval and set any conditions, or to decline the approval.
6 Section 11 amended (Consultation requirements for referral application)
(1)
In the heading to section 11, after “Consultation”
, insert “and notification”
.
(2)
Replace section 11(1) with:
(1)
Before lodging a referral application, the applicant must—
(a)
consult—
(i)
any relevant applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(ii)
ngā hapū o Ngāti Porou, if the project area is within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and
(b)
notify in writing—
(i)
the relevant local authorities; and
(ii)
any relevant iwi authorities, hapū, and Treaty settlement entities, including—
(A)
iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements; and
(B)
the tangata whenua of any area within the project area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws or regulations made under Part 9 of the Fisheries Act 1996; and
(iii)
the relevant administering agencies; and
(iv)
if the proposed approvals for the project are to include an approval described in section 42(4)(f) (land exchange), the holder of an interest in the land that is to be exchanged by the Crown; and
(c)
give the persons and groups referred to in paragraph (b) 20 working days to respond to the notice.
(1A)
The applicant must not lodge the referral application until each 20-working-day period given under subsection (1)(c) has expired.
7 Section 13 amended (Referral application)
(1)
In section 13(4)(h), after “environment”
, insert “and the significance of those adverse effects”
.
(2)
In section 13(4)(k)(i), replace “section 11”
with “section 11(1)(a)”
.
(3)
After section 13(4)(k), insert:
(ka)
a summary of how any responses to a notice given under section 11(1)(b) have informed the project:
(4)
Replace section 13(4)(y)(vi) with:
(vi)
an approval described in section 42(4)(a) or (d) in relation to a project that includes a standard freshwater fisheries activity, the information specified in clause 4A of Schedule 5:
(via)
an approval described in section 42(4)(j) (complex freshwater fisheries activity approval), the information specified in clause 2 of Schedule 9:
8 Section 14 amended (Responsible agency decides whether referral application is complete and within scope)
(1)
After section 14(3), insert:
Further information
(3A)
The responsible agency may request further information from the applicant for the purposes of subsection (1).
(3B)
If the responsible agency requests further information from the applicant, the time period specified in subsection (1) ceases to run until the applicant provides the information or until the end of the fifth working day after the date of the request (whichever occurs first).
If substantive application complies with subsection (2)
(2)
After section 14(4), insert:
If substantive application does not comply with subsection (2)
(3)
In section 14(5), replace “that subsection”
with “subsection (2)”
.
9 Section 17 amended (Minister invites comments)
(1)
Replace section 17(1)(b) with:
(b)
the following Ministers:
(i)
the Minister for the Environment:
(ii)
the Minister for Māori Crown Relations: Te Arawhiti:
(iii)
the Minister for Māori Development:
(iv)
other relevant portfolio Ministers; and
(2)
Replace section 17(3) with:
(3)
A local authority—
(a)
must provide comments advising of—
(i)
any applications that have been lodged with the local authority that would be competing applications if a substantive application for the project were lodged; and
(ii)
in relation to any proposed approval of the kind described in section 42(4)(a) (resource consent), any existing resource consents of the kind referred to in section 30(3)(a); and
(b)
may provide other comments, but only if those comments are relevant to the application and the decision on the application that the Minister is required to make under section 21.
(3A)
Any comments made by an administering agency must be relevant to the application and the decision on the application that the Minister is required to make under section 21.
(3)
In section 17(4), replace “subsection (1)(b)”
with “subsection (1)(b)(iv)”
.
(4)
In section 17(6), replace “20”
with “15”
.
10 Section 18 amended (Report on Treaty settlements and other obligations)
(1)
Replace section 18(1) with:
(1)
The Minister must, for a referral application, consider a report that is prepared and provided by the responsible agency in accordance with this section.
(2)
Replace section 18(3) and (4) with:
(3)
In preparing the report required by this section, the responsible agency must consult relevant departments.
(4)
The responsible agency must provide the report to the Minister not later than 20 working days after the date for providing comments under section 17(6).
(5)
However, if the Minister requests further information about a referral application under section 20, the time period specified in subsection (4) ceases to run for the period of time specified in the request.
11 Section 19 amended (Report in relation to use of public conservation land)
In section 19(1), replace “the referral application”
with “a referral application”
.
12 Section 22 amended (Criteria for assessing referral application)
(1)
After section 22(1), insert:
(1A)
For the purposes of subsection (1)(a), the Minister must consider a relevant Government policy statement.
(2)
After section 22(2)(a)(ix), insert:
(ixa)
will promote competition in the grocery industry:
13 Section 25 amended (Timing of decision to decline referral application)
In section 25(1), delete “on the application”
in each place.
14 Section 29 amended (Pre-lodgement requirements for listed project)
(1)
Replace section 29(1)(a) with:
(a)
consult the groups referred to in section 11(1)(a); and
(aa)
notify in writing the persons and groups referred to in section 11(1)(b) and give them 20 working days to respond to the notice; and
(2)
After section 29(1), insert:
(1A)
The authorised person must not lodge the substantive application until each 20-working-day period given under subsection (1)(aa) has expired.
(3)
In section 29(2)(a), after “paragraph (a)”
, insert “or (aa)”
.
15 Section 30 amended (Identification of existing resource consent for same activity)
(1)
In section 30(2), replace “each consent authority that has jurisdiction over an area”
with “each regional council that is the consent authority for an area”
.
(2)
In section 30(3) to (6), replace “consent authority”
with “regional council”
in each place.
(3)
In section 30(3), replace “by written notice, advise the authorised person”
with “within 10 working days after receiving it, notify the authorised person in writing”
.
16 Section 32 amended (Sections 33 to 36 apply to land exchange)
(1)
In the heading to section 32, replace “33”
with “32A”
.
(2)
In section 32, replace “33”
with “32A”
.
17 New section 32A inserted (Pre-lodgement consultation with Director-General of Conservation)
After section 32, insert:
32A Pre-lodgement consultation with Director-General of Conservation
(1)
Before lodging a land exchange application under section 33, the authorised person for the project must consult the Director-General of Conservation.
(2)
If there is more than 1 authorised person for a project, any 1 of the authorised persons may comply with subsection (1) on behalf of all of them.
18 Section 35 amended (Director-General of Conservation’s report on land exchange)
(1)
After section 35(1)(d), insert:
(e)
any other person the Director-General of Conservation considers appropriate.
(2)
In section 35(2), replace “sections 53(3), 54, and 55”
with “sections 54 and 55”
.
(3)
After section 35(2), insert:
(2A)
Any comments made by a relevant local authority or a relevant administering agency must be relevant to the proposed land exchange and the report that the Director-General is required to prepare under this section.
19 New section 37A inserted (Listed projects proceeding in stages)
Before section 38, insert:
37A Listed projects proceeding in stages
(1)
The authorised person for a listed project that is planned to proceed in stages may apply to the Minister for a determination that the authorised person may lodge a separate substantive application for a specified stage of the project.
(2)
An application under subsection (1) must contain—
(a)
an outline of the nature and timing of the specified stage to which the application relates and any other stages of the project; and
(b)
an explanation of how the specified stage meets the criteria in section 22.
(3)
An application must not be made unless any fee, charge, or levy payable under regulations in respect of the application is paid.
(4)
After receiving an application, the Minister may ask the authorised person and any other person or body to provide further information about the specified stage of the project within the time frame specified in the request.
(5)
The Minister—
(a)
must consider any information received in response to a request under subsection (4) within the time frame specified in the request; and
(b)
is not required to consider any information received after that time frame but may do so, in the Minister’s absolute discretion, as long as the Minister has not already decided whether to make the determination applied for.
(6)
If the Minister is satisfied that the specified stage of the project would meet the criteria in section 22 if considered as a stand-alone project, the Minister—
(a)
may determine that the authorised person may lodge a separate substantive application for that stage; and
(b)
must notify the following of that determination:
(i)
the authorised person for the project:
(ii)
the EPA.
(7)
If the Minister declines to make the determination applied for, the Minister must notify the authorised person for the project of the Minister’s decision and the reasons for that decision.
(8)
If there is more than 1 authorised person for the project,—
(a)
any 1 of the authorised persons may make an application under subsection (1) on behalf of all of them; and
(b)
references to an authorised person in this section must be read as references to every authorised person who would be required by section 42(2)(b) to jointly lodge the substantive application for the specified stage of the project.
20 Section 38 amended (Minister may determine that project is priority)
(1)
Replace section 38(1) with:
(1)
At any time before a panel is set up for a substantive application (including before a substantive application is lodged), the Minister may determine that the listed project or the referred project to which the application relates is a priority project—
(a)
on application of the authorised person for the project; or
(b)
on the Minister’s own initiative but with the written agreement of that authorised person.
(2)
Replace section 38(3)(b) with:
(b)
there is a risk that a panel may not be set up within a period that reflects the urgency of the project; and
(3)
In section 38(6), replace “50(2)”
with “50(2)”
.
21 Section 42 amended (Authorised person may lodge substantive application for approvals)
(1)
After section 42(1)(a), insert:
(aa)
1 substantive application for a stage of a listed project that the Minister has determined, under section 37A(6)(a), may be lodged as a separate substantive application; or
(2)
In section 42(4)(c), replace “subsection (7)”
with “subsections (7) and (7A)”
.
(3)
Replace section 42(4)(j) with:
(j)
an approval, a dispensation, or an authorisation that would otherwise be applied for under any of the following in respect of a complex freshwater fisheries activity:
(i)
regulation 42 of the Freshwater Fisheries Regulations 1983 (culvert or ford):
(ii)
regulation 43 of the Freshwater Fisheries Regulations 1983 (dam or diversion structure):
(iii)
regulation 65(2) of the Freshwater Fisheries Regulations 1983 (noxious fish):
(iv)
section 26ZM(2)(a) or (3)(b) of the Conservation Act 1987 (fish salvage activities):
(4)
After section 42(7), insert:
(7A)
A substantive application that, under subsection (7), seeks an approval described in subsection (4)(a) or (d) may also seek an approval of that kind in relation to an activity that would not require a resource consent under the Resource Management Act 1991.
22 Section 43 amended (Requirements for substantive application)
(1)
Replace section 43(2) with:
(2)
If a substantive application is for a listed project, it must also contain the following:
(a)
the information required by section 13(4) (other than section 13(4)(b), (f)(ii) and (iii), and (g)), which applies—
(i)
as if the reference in section 13(4)(k) to section 11(1)(a) were a reference to section 29; and
(ii)
as if the reference in section 13(4)(ka) to section 11(1)(b) were a reference to section 29; and
(iii)
as if the reference in clause 2 of Schedule 11 to section 12(2) were a reference to section 29; and
(iv)
with any other necessary modifications:
(b)
if the project is planned to proceed in stages,—
(i)
an outline of the nature and timing of the stages; and
(ii)
a statement of whether a separate substantive application is to be lodged for each of the stages; and
(iii)
an explanation of how each stage meets the criteria in section 22:
(c)
the information that the applicant provided to the Minister when applying to have the project listed as a listed project and an explanation of how the substantive application is within the scope of the listed project.
(2)
In section 43(3)(d), replace “clause 12”
with “clauses 9 and 12”
.
23 New section 45A inserted (EPA must provide substantive application to panel convener)
Before section 46, insert:
45A EPA must provide substantive application to panel convener
The EPA must, within 5 working days after a substantive application is lodged, provide the application to the panel convener.
24 Section 46 amended (EPA decides whether substantive application is complete and within scope)
(1)
After section 46(2), insert:
Further information
(2A)
The EPA may request further information from the applicant for the purposes of subsection (1).
(2B)
If the EPA requests further information from the applicant, the time period specified in subsection (1) ceases to run until the applicant provides the information or until the end of the twentieth working day after the date of the request (whichever occurs first).
(2C)
If, in relation to a request for further information, an applicant requests information from the EPA, the EPA must, within any time frame specified by the applicant,—
(a)
provide that information; or
(b)
advise the applicant that the EPA does hold the information but cannot provide it in the specified time frame (if any); or
(c)
advise the applicant that the EPA does not hold the information and, if the EPA knows where the information is held, advise the applicant accordingly.
(2)
Replace section 46(3) with:
If substantive application complies with subsection (2)
(3)
If the EPA decides that the substantive application complies with subsection (2), it must give written notice of the decision to the applicant.
If substantive application does not comply with subsection (2)
25 Section 47 replaced (EPA makes recommendation on whether there are competing applications or existing resource consents for same activity)
Replace section 47 with:
47 EPA makes recommendation on whether there are competing applications or existing resource consents for same activity
(1)
The EPA must, in consultation with the relevant administering agencies and relevant consent authorities, make a recommendation to the Minister on—
(a)
whether a substantive application has any competing applications; and
(b)
if a substantive application seeks an approval described in section 42(4)(a) (resource consent), whether there are any existing resource consents of the kind referred to in section 30(3)(a) that are not identified in the substantive application.
(2)
The EPA must make a recommendation under subsection (1) within 10 working days after the EPA decides that the substantive application complies with section 46(2).
(3)
Subsection (2) does not prevent the EPA, before the EPA decides whether the substantive application complies with section 46(2), from undertaking work for the purpose of—
(a)
making a recommendation under subsection (1); or
(b)
if the Minister delegates to the EPA the power to make any or all decisions under section 47A(1) or (4), making that decision or those decisions (see section 47C).
47A Minister decides whether there are competing applications or existing resource consents for same activity
Competing applications
(1)
After receiving a recommendation under section 47(1)(a), the Minister must decide whether the substantive application has a competing application.
(2)
If the Minister decides that the substantive application has a competing application, the Minister must give written notice of that decision to—
(a)
the consent authority or administering agency with which the competing application had been lodged; and
(b)
the applicant.
(3)
The Minister must be notified in writing by the following when a competing application has been determined and any rights of appeal that relate to that application have been exhausted or have expired:
(a)
the EPA, if the competing application was made under this Act:
(b)
the consent authority or administering agency referred to in subsection (2)(a), if the competing application was made under a specified Act.
Existing resource consents for same activity
(4)
After receiving a recommendation under section 47(1)(b), the Minister must decide whether there are any existing resource consents of the kind referred to in section 30(3)(a) that are not identified in the substantive application.
(5)
If the Minister decides that there are existing resource consents of that kind, the EPA must return the application under section 46(4) (and section 46(5) applies accordingly).
47B Minister gives notice that panel may be set up
(1)
The Minister may notify the EPA in writing that a panel may be set up for a substantive application if the Minister—
(a)
either—
(i)
considers that the application has 1 or more competing applications and the Minister has received notice under section 47A(3) for each of those competing applications; or
(ii)
does not consider that the application has any competing applications; and
(b)
if applicable, decides that there are no existing resource consents of the kind referred to in section 30(3)(a) that are not identified in the application.
(2)
On receiving a notice under this section, the EPA must—
(a)
notify the panel convener in writing that a panel may be set up for the substantive application; and
(b)
notify the applicant in writing that the panel convener has been notified under paragraph (a).
47C Delegation of decision by Minister
(1)
The Minister may, in writing, delegate to the EPA the Minister’s functions, powers, and duties under section 47A or 47B.
(2)
A delegation under this section—
(a)
is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
(b)
does not prevent the Minister from performing or exercising the functions, duties, or powers concerned.
(3)
If the Minister delegates to the EPA the power to make any or all decisions under section 47A(1) or (4), the EPA must make those decisions within the 10-working-day time frame that applies under section 47(2) rather than making recommendations under section 47(1).
(4)
Subsection (5) applies if the Minister delegates to the EPA—
(a)
the power to make any or all decisions under section 47A(1) or (4); and
(b)
the power to notify under section 47B(1).
(5)
The EPA may comply with section 47B(2) without notifying itself of its decision or decisions under section 47B(1).
26 Section 48 amended (EPA requests recommendation in relation to aquaculture activities)
In section 48(2), replace “provides the substantive application to the panel convener”
with “notifies the panel convener under section 47B(2)(a)”
.
27 Section 49 amended (EPA obtains section 18 report for listed project)
In section 49(2), replace “provides the substantive application to the panel convener”
with “receives the substantive application”
.
28 Section 50 amended (Panel convener sets up panel)
Replace section 50 with:
50 Panel convener sets up panel
(1)
The panel convener must set up a panel in accordance with Schedule 3 for each substantive application in respect of which the panel convener receives a notice under section 47B(2)(a).
(2)
If a substantive application relates to a priority project, the panel convener—
(a)
must set up a panel for that application before setting up a panel for any other substantive application that does not relate to a priority project; but
(b)
is not required to pause or delay work that is already underway in setting up a panel for another substantive application, unless the other substantive application is a competing application in relation to the priority application.
29 New section 52A and cross-heading inserted
After section 52, insert:
Step by panel after being set up
52A Panel commences work and notifies EPA
(1)
A panel must, not later than 5 working days after the appointment of all panel members, commence work on a substantive application.
(2)
The panel must notify the EPA of the date on which it commences work.
30 Section 53 amended (Panel invites comments on substantive application)
(1)
Replace section 53(1) with:
(1)
A panel must, not later than 10 working days after the date on which the panel commences work under section 52A(1), direct the EPA to invite written comments on a substantive application in accordance with this section.
(2)
After section 53(2), insert:
(2A)
Any comments made by a relevant local authority or a relevant administering agency must be relevant to the substantive application and the decision that the panel is required to make under section 81 on the approvals sought in the application.
31 Section 60 amended (When processing of substantive application may be suspended)
(1)
In section 60(1)(b), replace “Minister”
with “panel convener”
.
(2)
In section 60(1)(c), replace “the panel”
with “the panel convener or the panel”
.
32 Section 62 amended (Minister may direct suspension in processing substantive application)
(1)
In the heading to section 62, replace “Minister”
with “Panel convener”
.
(2)
In section 62(1), (2), (3), and (4), replace “Minister”
with “panel convener”
in each place.
33 Section 63 amended (Resumption in processing substantive application following suspension under section 62)
(1)
In section 63(1), replace “Minister”
with “panel convener”
.
(2)
In section 63(2), (3), and (4), replace “Minister’s”
with “panel convener’s”
.
34 Section 64 amended (Applicant may request suspension of processing of substantive application)
(1)
In section 64(2)(a), delete “under section 46”
.
(2)
Replace section 64(3) with:
(3)
When a request is made under subsection (1), the panel convener or, if a panel has been set up, the panel, may suspend the processing of a substantive application at their or its discretion.
(3)
In section 64(4),—
(a)
replace “a panel”
with “the panel convener or a panel”
:
(b)
replace “the panel”
with “the panel convener or the panel”
.
35 Section 65 amended (Resumption in processing of substantive application following suspension under section 64)
(1)
In section 65, replace “the panel”
with “the panel convener or the panel”
in each place.
(2)
In section 65(4), replace “a panel”
with “the panel convener or a panel”
.
36 Section 66 amended (Return of substantive application)
(1)
In section 66, replace “a panel”
with “the panel convener or a panel”
in each place.
(2)
In section 66(6), replace “50”
with “100”
.
37 New sections 68A and 68B and cross-heading inserted
After section 68, insert:
Reducing scope of substantive application
68A Panel may seek Minister’s determination on proposed reduction of scope
(1)
This section and section 68B apply if a substantive application has been lodged and the applicant wishes to reduce the scope of the application by withdrawing or modifying 1 or more approvals sought in it at any time before the panel makes its decisions on those approvals under section 81.
(2)
The applicant must give written notice of the proposed reduction of scope to the panel.
(3)
After receiving a notice, the panel may, but need not, submit the proposal to the Minister to determine whether, in its proposed reduced form, the project to which the application relates still has significant regional or national benefits.
(4)
If the panel does not submit the proposal to the Minister, the application proceeds in its proposed reduced form.
68B Minister’s determination
(1)
The Minister, on receiving a proposal under section 68A(3), may determine that the project to which the substantive application relates may proceed in its proposed reduced form if satisfied that the project still has significant regional or national benefits.
(2)
Before making a determination, the Minister—
(a)
may request further information about the application from the applicant or any other person to be provided within the time frame specified in the request; and
(b)
must consider any information received within that time frame; and
(c)
is not required to consider any information received after that time frame, but may do so, in the Minister’s absolute discretion, as long as the Minister has not already made the determination.
(3)
If the Minister determines that the application may proceed in its proposed reduced form,—
(a)
the Minister must notify the panel and the EPA of the determination; and
(b)
the panel must notify—
(i)
the applicant; and
(ii)
any persons and groups invited under section 53 to make written comments on the application; and
(iii)
any persons and groups invited under section 35 to make written comments on any proposed land exchange relating to the application; and
(c)
the application resumes.
(4)
If the Minister determines that the application may not proceed in its proposed reduced form, the Minister must—
(a)
notify the panel, the EPA, and the persons and groups referred to in subsection (3)(b) of the determination and the reasons for it; and
(b)
direct the applicant to—
(i)
proceed with the application in its original form; or
(ii)
consider giving notice to the panel under section 68A in relation to a different reduction of scope; or
(iii)
withdraw the application.
(5)
Any time frame under this Act that relates to the processing of an application excludes the period between the day on which the panel receives a notice under section 68A and the day on which the Minister gives notifications under subsection (3) or (4).
38 Section 72 amended (Panel seeks comments from Minister for Māori Crown Relations: Te Arawhiti and Minister for Māori Development)
After section 72(1), insert:
(1A)
The panel may comply with subsection (1) at the same time as it complies with section 70(1).
39 Section 79 amended (Timing of panel decisions)
(1)
Replace section 79(2)(b) with:
(b)
be a time frame that—
(i)
the panel convener considers is appropriate, having regard to the scale, nature, and complexity of the approvals sought in, and any other matters raised by, the substantive application; but
(ii)
does not exceed 90 working days after the date specified under section 54 for receiving comments under section 53, unless the applicant agrees in writing to the time frame; and
(2)
In section 79(2)(c), after “relevant administering agencies”
, insert “and relevant local authorities”
.
40 Section 81 amended (Decisions on approvals sought in substantive application)
(1)
Before section 81(2)(a), insert:
(aaa)
must, if the substantive application relates to an unlisted project, consider the Minister’s reasons for accepting the referral application that are stated in the notice given by the responsible agency under section 28(1):
(aab)
must consider a relevant Government policy statement:
(2)
After section 81(2)(e), insert:
(ea)
may impose conditions under section 84A:
(3)
In section 81(5), replace “section 42(1)(b)”
with “section 42(1)(aa) or (b)”
.
41 New section 84A inserted (Conditions relating to infrastructure)
After section 84, insert:
84A Conditions relating to infrastructure
(1)
The panel may set conditions to ensure that the infrastructure in the project area or other infrastructure the project will rely on is or can be made adequate to support—
(a)
the project; or
(b)
the stage of the project to which the application relates.
(2)
This section applies in addition to, and does not limit, any other powers to set conditions under this Act.
(3)
To avoid doubt, a condition set under this section may impose an obligation on the applicant only.
42 Section 88 amended (Issue, service, and publication of decision documents)
(1)
In section 88(1), delete “at the same time”
.
(2)
After section 88(1), insert:
(1A)
Decision documents for 2 or more approvals sought in a substantive application may be issued at the same time or at different times at the discretion of the panel issuing them.
43 New section 93A inserted (Directions to EPA)
After section 93, insert:
93A Directions to EPA
(1)
The Minister may give a general direction to the EPA in relation to the EPA’s performance and exercise of its functions, duties, and powers under this Act.
(2)
Subsection (1) does not authorise the Minister to give a direction—
(a)
in relation to a statutorily independent function of the EPA under this Act; or
(b)
that requires the performance or exercise, or prevents the performance or exercise, of a particular function, duty, or power in relation to a particular person or substantive application.
(3)
The Minister must—
(a)
notify the direction in the Gazette; and
(b)
make the direction available on an internet site administered by or on behalf of the EPA; and
(c)
present a copy of the direction to the House of Representatives.
(4)
Before giving a direction under subsection (1), the Minister must comply with section 115(1) of the Crown Entities Act 2004.
(5)
In this section, statutorily independent function means—
(a)
any function that this Act provides must be carried out independently; or
(b)
any matter in respect of which this Act provides that Ministers of the Crown may not give directions.
44 Section 94 amended (Use of specified Act to apply for approval)
Replace section 94(2)(b) with:
(b)
are notified by the EPA that the panel convener has been notified under section 47B(2)(a).
45 Section 99 amended (Appeal against decisions only on question of law)
Replace section 99(1)(d) with:
(d)
any person or group that provided comments in response to an invitation given under section 17(1) or 53(2) or any of section 35(1)(a) to (d).
46 Section 103 amended (Interpretation)
In section 103, definition of administering agency, after “includes”
, insert “the Ministry for the Environment, the Ministry for Culture and Heritage,”
.
47 Section 104 amended (Cost recovery)
In section 104(1) to (3), after “actual and reasonable costs”
, insert “(determined in accordance with regulations made under section 108, if any)”
in each place.
48 Section 106 amended (Methods of cost recovery)
Replace section 106(2) with:
(2)
Interest accruing from the fees, charges, and levies described in subsection (1) in the period after payment is retained by the EPA and applied to any 1 or more of the costs that may be—
(a)
recovered under section 104:
(b)
met under section 109(1)(a) by the imposition of a levy.
49 Section 108 amended (Regulations may set fees, charges, and contributions)
(1)
Before section 108(1)(a), insert:
(aaa)
provide for the costs that may be recovered under section 104(1), (2), or (3), including by—
(i)
setting upper limits:
(ii)
setting out criteria for the quantification of costs:
(iii)
including or excluding certain categories of costs in or from the costs that may be recovered:
(2)
After section 108(1)(h), insert:
(i)
provide for, or set out, a dispute resolution process in relation to costs sought to be recovered under section 104.
50 New section 117A inserted (Order in Council to amend description in Schedule 2)
After section 117, insert:
117A Order in Council to amend description in Schedule 2
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 to amend—
(a)
the project description of a listed project:
(b)
the description of the approximate geographical location of a listed project.
(2)
The Minister must not make the recommendation unless the Minister is satisfied that the scope of the listed project will not be substantially different as a result of the amendment, taking into account—
(a)
the significant regional or national benefits of the project; and
(b)
the purpose of the project; and
(c)
the location, scale, and nature of the works involved in the project.
(3)
To avoid doubt, no new projects may be added to the list in Schedule 2 by an Order in Council made under this section.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
| Legislation Act 2019 requirements for secondary legislation made under this section | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives | LA19 s 114 | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Part 2 Amendments to schedules
51 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
52 Schedule 2 amended
Amendments to heading
(1)
In the Schedule 2 heading, replace “117”
with “117, 117A”
.
(2)
In the Schedule 2 heading, after “projects”
, insert “with significant regional or national benefits”
.
Amendment to Harmony Energy NZ #5 Limited’s listed project
(3)
In Schedule 2, item relating to Bunnythorpe Solar Farm, third column, replace “Construct and operate a solar farm of approximately 660,000 solar panels,”
with “Construct, operate, and maintain a solar farm and battery energy storage facility with an installed capacity of approximately 400 MW DC”
.
Amendment to Harmony Energy NZ #6 Limited’s listed project
(4)
In Schedule 2, item relating to Hinuera Solar Farm, third column, replace “Construct and operate a solar farm of approximately 180,000 solar panels,”
with “Construct, operate, and maintain a solar farm and battery energy storage facility with an installed capacity of approximately 100 MW DC”
.
Amendments to Harmony Energy NZ #8 Limited’s listed project
(5)
In Schedule 2, item relating to Huirangi Solar Farm,—
(a)
third column, replace “Construct and operate a solar farm of approximately 165,000 solar panels,”
with “Construct, operate, and maintain a solar farm and battery energy storage facility with an installed capacity of approximately 100 MW DC”
; and
(b)
fourth column, replace “433 hectares at”
with “150 hectares near”
.
Amendments to KiwiRail Holdings Limited’s listed projects
(6)
In Schedule 2, item relating to Crosstown (Avondale–Southdown) Corridor, replace the item in the third column with:
Complete a cross-isthmus rail corridor connecting Avondale and Westfield Junction, via Onehunga, by—
|
(7)
In Schedule 2, item relating to Four Tracking Westfield to Pukekohe,—
(a)
third column,—
(i)
delete “(Newmarket)”
; and
(ii)
replace “changing the configuration of station platforms”
with “modifying stations, including modifying the configuration of station platforms”
; and
(b)
fourth column, delete “Newmarket”
.
(8)
In Schedule 2, item relating to Lower North Island Integrated Rail Mobility and PBC—Stage RS4.3, replace the item in the third column with:
Upgrade existing rail network, comprising—
|
Amendments to New Zealand Transport Agency Waka Kotahi’s listed projects
(9)
In Schedule 2, item relating to Alternative to the Brynderwyn Hills, replace the item in the third column with:
| Develop a road and associated infrastructure between Te Hana and State Highway 15 (Port Marsden Highway) or 1 or more sections of road between those 2 points |
(10)
In Schedule 2, item relating to Alternative to the Brynderwyn Hills, replace the item in the fourth column with:
| Between Te Hana and the State Highway 1 and State Highway 15 (Port Marsden Highway) intersection |
(11)
In Schedule 2, item relating to Hamilton Southern Links, replace the item in the third column with:
Develop 1 or more roads and associated infrastructure to support Hamilton’s planned southern growth, including by—
|
(12)
In Schedule 2, item relating to Hamilton Southern Links, fourth column, after “Tamahere,”
, insert “State Highway 1C between State Highways 23 and 3,”
.
(13)
In Schedule 2, item relating to Hawke’s Bay Expressway, replace the item in the third column with:
| Upgrade the existing State highway between the vicinity of Pakipaki and Taradale |
(14)
In Schedule 2, item relating to Hawke’s Bay Expressway, fourth column, replace “Napier and Hastings, Hawke’s Bay”
with “Pakipaki and Taradale”
.
(15)
In Schedule 2, item relating to Hope Bypass, replace the item in the third column with:
| Undertake State highway improvements in 1 or more sections of new or existing road between the Salisbury Road extension to south of Hope township, including a new roading section bypassing Richmond and Hope townships |
(16)
In Schedule 2, item relating to Hope Bypass, replace the item in the fourth column with:
| Richmond Deviation and associated intersections and the new highway section parallel to existing Gladstone Road, State Highway 6, Richmond and Hope townships, Tasman |
(17)
In Schedule 2, item relating to Mill Road, replace the item in the third column with:
| Develop works in 1 or more sections of new or existing road between the Redoubt Road interchange on State Highway 1 in Manukau and the proposed Drury South interchange on State Highway 1 in Drury |
(18)
In Schedule 2, item relating to North West Rapid Transit, replace the item in the third column with:
| Develop a rapid transit link and associated infrastructure and connections between Brigham Creek and Auckland City centre, which may be progressed in 1 or more sections of new or existing road between those 2 points |
(19)
In Schedule 2, item relating to State Highway 1 North Canterbury—Woodend Bypass Project (Belfast to Pegasus), third column, delete “by approximately 4 kilometres, altering the existing designation, and additional land acquisition outside of that designation”
.
(20)
In Schedule 2, item relating to State Highway 1 Wellington Improvements, replace the item in the third column with:
| Improve State Highway 1 between north of the Terrace Tunnel and Kilbirnie, including associated infrastructure and connections |
(21)
In Schedule 2, item relating to State Highway 1 Whangārei to Port Marsden Highway, replace the item in the third column with:
| Develop a road and associated infrastructure between Whangārei and State Highway 15 (Port Marsden Highway) or 1 or more sections of road between those 2 points |
(22)
In Schedule 2, item relating to State Highway 1 Whangārei to Port Marsden Highway, fourth column, replace “Whangārei,”
with “Whangārei”
.
(23)
In Schedule 2, item relating to State Highway 16 North West Alternative State Highway, replace the item in the third column with:
| Develop a road and associated infrastructure connecting Redhills North and State Highway 16 west of Kumeū-Huapai, which may be progressed in 1 or more sections of new corridor between those 2 points |
(24)
In Schedule 2, item relating to State Highway 29 Tauriko Network Connections (including Omanawa Bridge replacement), replace the item in the third column with:
| Upgrade existing, and construct new, roading corridor between the vicinity of the Omanawa Road/State Highway 29 intersection and the Takitimu Northern Link interchange, together with upgrades to connections between State Highway 29 and State Highway 36 at the intersection with Taurikura Drive and State Highway 29A, through to the Oropi Road–State Highway 29A roundabout, including associated infrastructure and connections or 1 or more sections of new or existing road between the points |
Amendments to Port of Tauranga Limited’s listed project
(25)
In Schedule 2, item relating to Stella Passage Development,—
(a)
third column, after “Sulphur Point wharf”
, insert “and Mount Maunganui wharves”
; and
(b)
fourth column, replace “8.5 hectares of the coastal”
with “Coastal”
.
Amendment to Precinct Properties New Zealand Limited’s listed project
(26)
In Schedule 2, item relating to The Downtown Carpark Redevelopment—Te Pūmanawa o Tāmaki, replace the item in the third column with:
Demolish the existing Downtown Carpark Building and develop an approximately 170,000-square-metre gross building area mixed-use commercial and residential precinct comprising 2 towers (approximately 55 levels and approximately 45 levels, respectively), 3 podium buildings, and a laneway network, for—
|
Amendments to TiGa Minerals and Metals Limited’s listed project
(27)
In Schedule 2, replace the item relating to Barrytown Mineral Sands Project with:
| Tāiko Critical Minerals Limited | Barrytown Minerals Project |
Establish and operate mine sites, processing facilities, and ancillary activities for mineral sand extraction activities, processing, and transporting product at Barrytown, West Coast Mining may be undertaken in stages Resource blocks include—
|
Approximately 700 hectares between Fagan Creek and Maher Swamp and between the coast and State Highway 6 at Barrytown Flats, Greymouth |
53 Schedule 3 amended
(1)
In Schedule 3, clause 4(1), replace “a suitably qualified lawyer or planner with experience in relevant law”
with “a suitably qualified lawyer or resource management planner”
.
(2)
In Schedule 3, clause 4(7), replace “subclause (1), (2), (3), or (6)”
with “subclause (1), (2), or (3)”
.
(3)
In Schedule 3, clause 7(1)(a)(i), after “application”
, insert “, including, if practicable, knowledge, skills, and expertise in the sector to which the application relates (for example, mining or quarrying, housing and land development, or aquaculture)”
.
(4)
In Schedule 3, replace clause 13 with:
13 Liability of panel convener, associate panel convener, and members
(1)
The panel convener or an associate panel convener is not liable for anything that they do or omit to do in good faith in performing or exercising their functions, duties, or powers under this Act.
(2)
The members appointed to a panel are not liable for anything that a member does or omits to do in good faith in performing or exercising the functions, duties, or powers of the panel.
Compare: 2020 No 35 Schedule 5 cl 12; 2023 No 46 Schedule 10 cl 51
54 Schedule 5 amended
(1)
In Schedule 5, after clause 4, insert:
4A Information about standard freshwater fisheries activity
The information required to be provided under section 13(4)(y)(vi) is the following:
(a)
whether an in-stream structure is proposed (including formal notification of any dam or diversion structure) and the extent to which the proposed structure may impede fish passage; and
(b)
whether any fish salvage activities are proposed.
(2)
In Schedule 5, clause 5(1)(k), replace “the conditions”
with “any conditions”
.
(3)
In Schedule 5, replace clause 9 with:
9 Information required in application including standard freshwater fisheries activity
For the purposes of section 43(3)(a) and (d), an application for a resource consent or a notice of requirement for a project that includes a standard freshwater fisheries activity must include the following information:
(a)
in relation to the structure and any fish facility,—
(i)
a description of the type of structure or fish facility:
(ii)
the dimensions of the structure or fish facility:
(iii)
the design of the structure or fish facility:
(iv)
the placement of the structure or fish facility:
(v)
the water flows:
(vi)
the operating regime:
(b)
the freshwater species and values present (with particular focus on threatened, data-deficient, and at-risk species as defined in the New Zealand Threat Classification System):
(c)
the water quality and quantity in the surrounding habitat (at the proposed structure location, upstream and downstream):
(d)
how the passage of fish will be provided for or impeded.
(4)
In Schedule 5, clause 12(1)(a), after “description”
, insert “and map”
.
(5)
In Schedule 5, replace clause 12(1)(f)(ii) with:
(ii)
each occupier of the land to which the notice of requirement relates and of land adjacent to that land whom the requiring authority is able to identify after reasonable inquiry; and
(6)
In Schedule 5, clause 19(1)(a), after “1983”
, insert “(culvert or ford)”
.
(7)
In Schedule 5, clause 19(1)(b), after “1983”
, insert “(dam or diversion structure)”
.
(8)
In Schedule 5, clause 19(1)(c), after “1983”
, insert “(noxious fish)”
.
(9)
In Schedule 5, clause 19(1)(d), after “1987”
, insert “(transfer or release of live aquatic life)”
.
(10)
In Schedule 5, clause 26(3), after “lapses”
, insert “2 years”
.
55 Schedule 6 amended
(1)
In Schedule 6, replace clause 4 with:
4 Report by Director-General of Conservation
(1)
The report referred to in section 51(2)(a) must—
(a)
address the matters in clause 7(1) (except clause 7(1)(a)(i), (vii)(B), and (viii)(B)); and
(b)
include any conditions that the Director-General of Conservation considers appropriate to be imposed by the panel under clause 8.
(2)
For the purposes of this clause, the provisions referred to in clause 7(1) must be read with all necessary modifications, including that a reference to the Minister of Conservation in section 17U of the Conservation Act 1987 or section 49 of the National Parks Act 1980 must be read as a reference to a panel.
(2)
In Schedule 6, clause 14(2), replace “a variation to or an extension of”
with “a variation to, an extension of, or a transfer of”
.
(3)
In Schedule 6, clause 15(2), replace “a variation to or an extension of”
with “a variation to, an extension of, or a transfer of”
.
(4)
In Schedule 6, clause 16(2), replace “a variation to or an extension of”
with “a variation to, an extension of, or a transfer of”
.
(5)
In Schedule 6, clause 17(2),—
(a)
replace “a variation to or an extension of”
with “a variation to, an extension of, or a transfer of”
:
(b)
replace “as if it were a variation of”
with “as if it were a variation to, an extension of, or a transfer of”
.
(6)
In Schedule 6, clause 17(3),—
(a)
replace “a variation of or an extension to”
with “a variation to, an extension of, or a transfer of”
:
(b)
replace “as if it were a variation of”
with “as if it were a variation to, an extension of, or a transfer of”
.
(7)
In Schedule 6, clause 23(1)(c), delete “, including an explanation of why the exchange would benefit the conservation estate”
.
(8)
In Schedule 6, after clause 23(1), insert:
(1A)
The description of conservation values under subclause (1)(c) must include—
(a)
an explanation of why the exchange would benefit the conservation estate; and
(b)
details of anything registered or noted for conservation purposes on the record of title for the land to be acquired by the Crown.
(9)
In Schedule 6, after clause 24(e), insert:
(ea)
a summary of—
(i)
the consultation undertaken for the purposes of section 32A; and
(ii)
how the consultation has informed the project:
(10)
In Schedule 6, replace clause 26(1)(a) with:
(a)
the conservation values of the land concerned, including—
(i)
how threatened or abundant they are; and
(ii)
a comparative assessment of the values that relate to each area of land concerned; and
(iii)
an explanation of why the exchange would benefit the conservation estate; and
(iv)
the impact of anything registered or noted for conservation purposes on the record of title for the land; and
(11)
In Schedule 6, clause 29(2), replace “land managed by the Department of Conservation”
with “conservation areas and Crown-owned reserves considered as a whole”
.
(12)
In Schedule 6, after clause 29(2), insert:
(2A)
When considering the conservation values of the land to be acquired by the Crown, for the purpose of forming its view under subclause (2), the panel must discount the extent to which the conservation values of that land are affected by anything registered or noted for conservation purposes on the record of title for that land.
(13)
In Schedule 6, replace clause 32(1)(b) with:
(b)
the applicant is required to undertake or bear the cost of any improvements to the land acquired by the Crown that the panel thinks necessary as part of ensuring that the land exchange will enhance the conservation values of conservation areas and Crown-owned reserves considered as a whole.
(14)
In Schedule 6, replace clause 34(3) with:
(3)
Money received under clause 30 for the purposes of the panel’s decision under clause 29(2) must be used on improvements to the land acquired by the Crown that were necessary to satisfy the panel in accordance with clause 29 that the land exchange would enhance the conservation values of conservation areas and Crown-owned reserves considered as a whole.
56 Schedule 7 amended
(1)
In Schedule 7, clause 1, after “sections”
, insert “56(1),”
.
(2)
In Schedule 7, in the heading to clause 7, after “variation”
, insert “, replacement, or transfer”
.
(3)
In Schedule 7, clause 7(2), replace “vary or replace”
with “vary, replace, or transfer”
.
57 Schedule 9 amended
(1)
In Schedule 9, in the heading to clause 2, delete “standard or”
.
(2)
In Schedule 9, clause 2, replace “section 13(4)(y)(vi)”
with “section 13(4)(y)(via)”
.
(3)
In Schedule 9, clause 2(b), delete “fish salvage activities or”
.
58 Schedule 11 amended
(1)
In Schedule 11, replace clause 20(1)(a) with:
(a)
that the deposit for which the mining permit is sought is in the land to which any of the exploration permits or existing privileges referred to in section 42(11) apply; and
(2)
In Schedule 11, clause 20(1)(f), replace “operator has or is likely to have, by the time relevant work undertaken under a permit is completed”
with “operator has or is highly likely to have, by the time relevant work under a permit is undertaken”
.
Schedule New Part 2 inserted into Schedule 1
Part 2 Provisions relating to Fast-track Approvals Amendment Act 2025
5 Interpretation
In this Part,—
amendment Act means the Fast-track Approvals Amendment Act 2025
application means any of the following:
(a)
a land exchange application:
(b)
a referral application:
(c)
a substantive application
first commencement date means the date on which the amendment Act comes into force under section 2(1) of that Act (the day after the amendment Act receives Royal assent)
new clause means the specified clause as amended, replaced, or inserted by the amendment Act
new section means the specified section as amended, replaced, or inserted by the amendment Act
old section means the specified section as in force immediately before being amended, replaced, or inserted by the amendment Act
second commencement date means the date on which the amendment Act comes into force under section 2(2) of that Act (31 March 2026).
Transitional provisions relating to applications
6 Application of amendments to applications lodged before first commencement date
(1)
This Act, as in force immediately before the first commencement date, continues to apply in respect of an application lodged before the first commencement date.
(2)
However,—
(a)
if the application is a referral application and it is not decided under section 21 before the first commencement date, new section 22 applies in respect of that application on and after the first commencement date:
(b)
if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the first commencement date, the following provisions apply in respect of that application on and after the first commencement date:
(i)
new section 60:
(ii)
new sections 62 to 66:
(iii)
new section 81:
(iv)
new section 84A:
(v)
new clause 20 of Schedule 11:
(c)
if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the second commencement date, the following provisions apply in respect of that application on and after the second commencement date:
(i)
new sections 68A and 68B:
(ii)
new section 88.
7 Application of amendments to applications lodged between first commencement date and second commencement date
(1)
This Act, as in force on the first commencement date, continues to apply in respect of an application that is lodged—
(a)
on or after the first commencement date; but
(b)
before the second commencement date.
(2)
However, if the application is a substantive application and the approvals sought in the application have not been decided under section 81 before the second commencement date, the following provisions apply in respect of that application on and after the second commencement date:
(a)
new sections 68A and 68B:
(b)
new section 88.
8 Application of amendments to applications lodged after second commencement date
This Act, as in force on the second commencement date, applies in respect of an application that is lodged on or after the second commencement date.
9 Application of clauses 10 to 14
Clauses 10 to 14 apply despite clause 7 or 8 (whichever applies).
10 Notification under section 11 if consultation undertaken before second commencement date
(1)
This clause applies if an applicant has, as at the second commencement date, consulted or started consulting under old section 11.
(2)
The applicant is not required to notify any person or group referred to in section 11(1)(b) that the applicant consulted or started consulting before the second commencement date.
(3)
The applicant must notify any person or group referred to in section 11(1)(b) that the applicant has not consulted or started consulting before the second commencement date.
(4)
The applicant must finish their pre-commencement consultation.
(5)
Section 13(4)(k)(i) applies, in respect of pre-commencement consultation, as if the reference to consultation undertaken for the purposes of section 11(1)(a) were a reference to consultation undertaken for the purposes of old section 11.
(6)
In this clause, pre-commencement consultation means consultation that was completed or started under old section 11 before the second commencement date.
11 Notification under section 29 if consultation undertaken before second commencement date
(1)
This clause applies if an authorised person has, as at the second commencement date, consulted or started consulting under old section 29.
(2)
The authorised person is not required to notify any person or group referred to in section 29(1)(aa) that the authorised person consulted or started consulting before the second commencement date.
(3)
The authorised person must notify any person or group referred to in section 29(1)(aa) that the authorised person has not consulted or started consulting before the second commencement date.
(4)
The authorised person must finish their pre-commencement consultation.
(5)
Section 43(2)(a)(i) applies, in respect of pre-commencement consultation, as if the reference to section 29 were a reference to old section 29.
(6)
In this clause, pre-commencement consultation means consultation that was completed or started under old section 29 before the second commencement date.
12 Identification of existing resource consent if notification provided before first commencement
(1)
This clause applies if an authorised person has, as at the first commencement date, notified 1 or more consent authorities under old section 30(2).
(2)
Old section 30 continues to apply in respect of the substantive application.
13 Appeal by person or group that received invitation to comment before first commencement date
Old section 99 continues to apply in respect of any person or group that, before the first commencement date, received an invitation to comment under this Act.
14 Interest on fees, charges, and levies paid before first commencement date
Section 106(2) applies in respect of any fees, charges, and levies described in section 106(1) that are paid before the first commencement date.
Transitional provision relating to consultation on Government policy statement
15 Consultation on Government policy statement undertaken before first commencement date
Any consultation undertaken before the first commencement date that is of the kind referred to in new section 10A(3) must be treated as consultation required for the purposes of that section.
Legislative history
3 November 2025 |
Introduction (Bill 219–1) |
|
6 November 2025 |
First reading and referral to Environment Committee |
|
4 December 2025 |
Reported from Environment Committee |
|
9 December 2025 |
Second reading, committee of the whole House, third reading |
|
16 December 2025 |
Royal assent |
This Act is administered by the Ministry for the Environment.
Versions
Fast-track Approvals Amendment Act 2025
RSS feed link copied, you can now paste this link into your feed reader.