a resource consent, notice of requirement, or certificate of compliance under the Resource Management Act 1991:

authority to do anything otherwise prohibited under the Wildlife Act 1953:

an approval under the Conservation Act 1987 or the Reserves Act 1977:

an approval under the Freshwater Fisheries Regulations 1983:

an archaeological authority under the Heritage New Zealand Pouhere Taonga Act 2014:

a marine consent under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:

a coastal permit under the Resource Management Act 1991 that authorises aquaculture activities to be undertaken in the coastal marine area and requires decisions under Part 9A of the Fisheries Act 1996:

a land access arrangement under section 61 or 61B of the Crown Minerals Act 1991:

a proclamation under section 26 of the Public Works Act 1981 to take or deal with land.

each project listed in Part A of Schedule 2 (a Part A listed project) that is referred to a panel under section 12(2); and

each project or part of a project listed in Part B of Schedule 2 (a Part B listed referred project) that is referred to a panel by the joint Ministers; and

any other project or part of a project referred to a panel by the joint Minsters (a referred project).

who are the relevant iwi authorities and relevant Treaty settlement entities:

what Treaty settlements relate to the project area:

the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of the Resource Management Act 1991:

any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:

any court orders that recognise, in relation to the project area, protected customary rights or customary marine title, whether the court orders or agreements are granted under the Marine and Coastal Area (Takutai Moana) Act 2011 or another Act:

any applicant groups under sections of the Marine and Coastal Area (Takutai Moana) Act 2011:

any part of the proposed area of the activity that is within Ngā Rohe Moana o Ngā Hapū o Ngāti Porou (and if so, the relevant provisions of the NHNP Act, including those that relate to decisions about resource consents):

the relevant iwi or hapū that are parties to any Mana Whakahono ā Rohe or joint management agreement under the RMA in the proposed area of the activity:

the relevant principles and provisions in those Mana Whakahono ā Rohe and joint management agreements:

any relevant other Māori groups with interests:

a summary of comments received by the Ministers following inviting comments from Māori groups, a summary of any further information received by the Ministers from those groups, and the responsible agency’s advice on whether the referral application should be accepted.

must include the information specified in subsection (3) or required by a relevant schedule of this Act; but

need only provide a general level of detail about the different approvals required for the project, sufficient to inform the joint Ministers’ decision on the application.

a description of the proposed project and the activities it involves:

the geographical location of the project (which may be included in the form of a map) that is sufficient, for example, to identify whether or not the project would occur on public conservation land:

the anticipated commencement and completion dates for construction activities (where relevant):

a statement of whether the project is planned to proceed in stages and, if so, an outline of the nature and timing of the staging:

a description of the anticipated and known adverse effects of the project on the environment:

a general assessment of the project in relation to national policy statements and national environmental standards (as those terms are defined in the Resource Management Act 1991):

an explanation of how the project meets the criteria in section 17:

a list of the persons the applicant considers are likely to be affected by the project, including relevant local authorities, relevant iwi authorities, and relevant Treaty settlement entities, protected customary rights groups, customary marine title groups, applicant groups under the Marine and Coastal (Takutai Moana) Act 2011, ngā hapū o Ngāti Porou, and any person with a registered interest in land that may need to be acquired under the Public Works Act 1981:

a summary of any consultation already undertaken on the project with the persons referred to in paragraph (h) and section 16:

a list of any Treaty settlements that apply to the geographical location of the project, and a summary of the relevant principles and provisions in those settlements:

a list of the protected customary rights groups, customary marine title groups, applicant groups under the Marine and Coastal (Takutai Moana) Act 2011 (MACA), and ngā hapū o Ngāti Porou in the list of likely affected parties:

a description of any processes already undertaken under the Public Works Act 1981 in relation to the land or any part of the land on which the project will occur:

any relevant principles or provisions in the NHNP Act:

information identifying the parcels of Māori land within the project area, marae, and identified wāhi tapu:

whether the project is proposed on any land returned under a Treaty settlement or any identified Māori land described in the ineligibility criteria and whether the applicant has secured the relevant landowners’ consent:

whether the project is proposed in any customary marine title area, protected customary rights area, or aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 or identified within an individual iwi settlement:

an assessment of any effects of the activity on the exercise of a protected customary right:

a description of the applicant’s legal interest (if any) in the land on which the project will occur, including a statement of how that affects the applicant’s ability to undertake the work:

an outline of the types of resource consents and any designations, or changes to designations, that the applicant considers are needed to authorise the project, including any that the applicant considers may be needed by someone other than the applicant:

a description of other legal authorisations (other than contractual) that the applicant considers may be required to commence the project (for example, authorities under the Heritage New Zealand Pouhere Taonga Act 2014 or concessions under the Conservation Act 1987):

a statement of whether the applicant has already made consent applications or lodged notices of requirement under the Resource Management Act 1991 in respect of the same or a similar project and, if so, details of those applications and notices and any decisions made on them:

a description of whether and how the project would be affected by climate change and natural hazards:

a summary of compliance or enforcement actions (if any) taken against the applicant by a local authority or the EPA under the Resource Management Act 1991, and the outcome of those actions.

complies with section 14; and

describes an activity that the responsible agency considers is an eligible activity based on the description and explanation set out in the application, having regard to sections 17 and 18.

relevant iwi, hapū, and Treaty settlement entities:

any relevant applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana Act) 2011:

if relevant, ngā hapū o Ngāti Porou:

relevant local authorities.

whether referring the project is consistent with the purpose of this Act:

whether access to the fast-track process will enable the project to be processed in a more timely and cost-efficient way than under normal processes:

the impact referring this project will have on the efficient operation of the fast-track process:

whether the project would have significant regional or national benefits:

whether the application contains sufficient information to inform the referral decision.

has been identified as a priority project in a central government, local government, or sector plan or strategy (for example, in a general policy statement or spatial strategy) or central government infrastructure priority list:

will deliver regionally or nationally significant infrastructure:

will increase the supply of housing, address housing needs, or contribute to a well-functioning urban environment (within the meaning of policy 1 of the National Policy Statement on Urban Development 2020):

will deliver significant economic benefits:

will support primary industries, including aquaculture:

will support development of natural resources, including minerals and petroleum:

will support climate change mitigation, including the reduction or removal of greenhouse gas emissions:

will support adaptation, resilience, and recovery from natural hazards:

will address significant environmental issues:

is consistent with local or regional planning documents, including spatial strategies.

an aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 where the applicant holds the relevant authorisation; or

an area identified within an individual iwi settlement as being reserved for aquaculture activities.

an activity that—

an activity that would occur on any of the following classes of Māori land:

an activity that—

an activity that—

an aquaculture activity or other incompatible activity that would occur within an aquaculture settlement area declared under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 or identified within an individual iwi settlement, unless the applicant holds the relevant authorisation under that Act or the relevant Treaty settlement Act:

an activity that would require an access arrangement under section 61 or 61B of the Crown Minerals Act 1991 for an area for which a permit cannot be granted under that Act:

an activity that would be prevented under section 165J, 165M, 165Q, 165ZC, or 165ZDB of the Resource Management Act 1991:

an activity (other than an activity that would require an access arrangement under the Crown Minerals Act 1991) that would occur on land that is listed in items 1 to 11 or 14 of Schedule 4 of that Act:

an activity on a national reserve held under the Reserves Act 1977 that requires approval under that Act:

a prohibited activity under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or regulations made under that Act:

decommissioning-related activities within the meaning of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012:

offshore renewable energy projects (whether under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991) that begin before separate offshore renewable energy permitting legislation comes into force.

the relevant local authorities; and

the relevant portfolio Ministers; and

the relevant iwi authorities; and

the relevant Treaty settlement entities; and

the relevant Takutai Moana rights holders and applicants; and

ngā hapū o Ngāti Porou (if the proposed activity is in or adjacent to ngā rohe moana o ngā hapū o Ngāti Porou); and

the iwi and hapū parties to Mana Whakahono ā Rohe and joint management agreements (where relevant to the proposed activity); and

in respect of any Māori land in the proposed area of activity,—

referral of the project to a panel is inconsistent with the purpose of this Act; or

the project does not meet the criteria in section 17; or

the project includes and ineligible activity.

the project, or any part of it, is inconsistent with a relevant Treaty settlement, the NHNP Act, the Marine and Coastal Area (Takutai Moana) Act 2011, a Mana Whakahono ā Rohe, or a joint management agreement; or

it is more appropriate to deal with the application under another Act; or

the project may have significant adverse effects on the environment; or

the applicant has a poor compliance history under the relevant legislation; or

the project involves an activity that would occur on land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes; or

the project includes an activity that is a prohibited activity under the Resource Management Act 1991; or

the application should be declined for any other relevant reason.

before or after a report on the application is obtained under section 13; and

before or after comments on the application are invited; and

whether or not further information on the application is requested and provided.

the application; and

the report obtained under section 13; and

any consultation required to be undertaken with relevant Māori groups; and

any comments received within the required time frame; and

any further information requested and provided under section 20 within the required time frame.

if a Treaty settlement or related arrangement provides for the consideration of any document, arrangement, or other matter (including any statutory planning document amended as a result of that Treaty settlement or related arrangement), give that document, arrangement, or other matter the same or equivalent effect through the joint Ministers’ process and decision making as it would have under the relevant legislation (if relevant); and

if a Treaty settlement or related arrangement provides for procedural matters, comply with those requirements (if applicable) and direct the expert panel to comply with those matters (if relevant).

to refer all or part of a project to a panel:

to refer the initial stages of a project to the panel while deferring decisions about the project’s remaining stages.

the persons who are authorised to lodge applications or notices for approval for all or part of the activity:

restrictions that apply to the activity (for example, on its geographical location, its duration, or the aspects of the activity that may be carried out):

information that must be submitted to the panel with the applications or notices:

persons or groups from whom the panel must invite submissions:

time frames for the panel to process the applications or notices, which may differ from the time frames that would otherwise apply to the panel under this Part.

the applicant; and

anyone invited to comment on the application.

the panel convener; and

the Māori land trusts, incorporations, or agents appointed under Te Ture Whenua Maori Act 1993 whose land is affected by the project; and

the relevant iwi authorities, Treaty settlement entities, protected customary rights groups, customary marine title groups, and applicant groups under the Marine and Coastal (Takutai Moana) Act 2011 identified in the report obtained under section 13; and

any other iwi authorities or Treaty settlement entities that the Ministers consider have an interest in the matter; and

any group that is a party to a joint management agreement or Mana Whakahono ā Rohe that relates to the area of the activity; and

the EPA.

describe the application and state that it has been accepted; and

state the Ministers’ reasons for accepting the application; and

set out the matters specified by the Ministers; and

specify the deadline for lodging any approval for all or part of the activity, which must be—

the report obtained under section 13; and

any comments received under section 19(4).

seek clarification from the panel on any recommendation:

commission additional advice:

seek further comments from any affected parties.

approve the project and grant the relevant approvals subject to the conditions (if any) specified in the approval; or

decline to approve the project.

either,—

any relevant local authority:

the Attorney-General:

any person or group that provided comments in response to an invitation given under this Act:

any person who has an interest in the decision appealed against that is greater than that of the general public.

an application for leave for the purposes of subsection (3) must be filed no later than 10 working days after the determination of the High Court; and

the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies, as a matter of priority and urgency.

the decision or the part of the decision appealed against; and

the error of law alleged by the appellant; and

the grounds of appeal, with sufficient particularity for the court and other parties to understand them; and

the relief sought.

the consent applicant or requiring authority, as the case requires (if the appellant is not the consent applicant or requiring authority); and

every person or group invited to provide comments to the panel.

the appellant; and

the Registrar of the High Court; and

the responsible agency.

the appellant; and

any person who gives a notice of intention to appear.

if the person has specified an electronic address as an address for service for the matter to which the document relates, and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address:

if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods:

by delivering it at the organisation’s head office or principal place of business; or

by sending it to the electronic address that the organisation has specified for its head office or principal place of business; or

by a method agreed between the organisation and the person serving the notice or document.

any of the joint Ministers:

an appropriate other Minister:

the chief executive of any regulatory agency that has functions, duties, or powers under this Act:

an enforcement officer.

the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or

the information is publicly available; or

the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or

the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other legislation; or

the disclosure is required by another legislation; or

the disclosure is required by a court of competent jurisdiction.

providing for procedural and administrative matters for the purpose of the fast-track approval process:

specifying requirements for a referral application (including the form or manner in which the application must be made):

providing for anything this Act says may or must be provided for by regulations:

providing for anything incidental that is necessary for any carrying out, or giving full effect to, this Act.