These regulations are made under sections 108, 109, and 116 of the Fast-track Approvals Act 2024 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Fast-track Approvals (Cost Recovery) Regulations 2025.

2 Commencement

These regulations come into force on 7 February 2025.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Fast-track Approvals Act 2024

administering agency has the meaning given in section 4(1) of the Act, and also includes the Ministry for Primary Industries, the Office for Māori Crown Relations—Te Arawhiti, and the Ministry of Māori Development—Te Puni Kōkiri in relation to their functions, duties, and powers under the Act

agency means the EPA, the responsible agency, an administering agency, or a relevant local authority

application means a referral application, a land exchange application, or a substantive application, and applicant has a corresponding meaning

functions, duties, or powers under the Act has the meaning set out in section 103 of the Act

land exchange application means the information required to be lodged under section 33(1) of the Act

Māori consultation group means any of the following who have been invited to comment on a referral application, a land exchange application, or a substantive application:

(a)

iwi authorities:

(b)

iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements:

(c)

Treaty settlement entities:

(d)

groups with recognised negotiation mandates for, or current negotiations for, Treaty settlements:

(e)

protected customary rights groups and customary marine title groups:

(f)

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

(g)

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 made under Part 9 of the Fisheries Act 1996:

(h)

ngā hapū o Ngāti Porou:

(i)

the owners of Māori land in the project area:

(j)

any Māori group identified under section 17(2), 35(1)(c), 53(2)(n), or 53(3) of the Act

referral application has the meaning set out in section 4(1) of the Act

substantive application has the meaning set out in section 4(1) of the Act.

4 Fees and levies

The fees and levies set out in Schedule 1 are payable by the applicant to the EPA—

(a)

at the time the application specified in that schedule is made; and

(b)

for a land exchange application, at the time the information required by section 33(1) is lodged.

5 Further fees or refunds

(1)

The EPA may, after the fees set out in Schedule 1 become payable and in accordance with subclause (2),—

(a)

require an applicant to pay further fees; or

(b)

refund to an applicant, in whole or part, the fees set out in Schedule 1.

(2)

Further fees and refunds of fees must be set at a level at which they, together with the fees set out in Schedule 1,—

(a)

recover no more than the total actual and reasonable costs incurred that are recoverable under section 104 of the Act—

(i)

by each agency and the Minister in performing or exercising their functions, duties, or powers under the Act in respect of an application (including preliminary steps under sections 29 to 31 and 37 to 39 of the Act); and

(ii)

in relation to a panel and a panel convener in performing or exercising their functions, duties, and powers under the Act in respect of an application; and

(iii)

by the EPA in respect of the cost of contributions made under section 110 of the Act to the costs of relevant third parties; and

(b)

reflect—

(i)

each agency’s determination of the total actual and reasonable costs that the agency has incurred, including costs determined in accordance with rates set by the agency; and

(ii)

the Minister’s determination of the total actual and reasonable costs incurred in relation to a panel and a panel convener.

(3)

The EPA, the responsible agency, and administering agencies must publish the rates that they set for the purpose of subclause (2)(b)(i) on an internet site that is administered by or on behalf of each of them.

(4)

Where payment of a further fee is required, the EPA must issue the applicant with an invoice that states—

(a)

the fee that the applicant is liable to pay; and

(b)

the due date for payment of the fee.

(5)

The further fee is payable on or before the due date.

6 Contributions

(1)

The EPA must pay a Māori consultation group, from fees paid under regulation 4 or 5, the applicable contribution set out in Schedule 2 if the Māori consultation group—

(a)

has commented on the application that they were invited to comment on under section 17, 35, or 53 of the Act; and

(b)

has completed an application for payment of contribution in accordance with any requirements published on an internet site administered by or on behalf of the EPA.

(2)

In this regulation, the applicable contribution means—

(a)

the applicable lower contribution if the application relates to 1 or more approvals to which only 1 of Schedules 5 to 11 of the Act applies; and

(b)

the applicable higher contribution if the application relates to approvals to which more than 1 of Schedules 5 to 11 of the Act apply.

7 Waivers and refunds for fees and levies

(1)

The EPA may, in whole or in part, waive or refund the payment of any fee or levy payable under these regulations if the EPA is satisfied that the waiver or refund is reasonable in the circumstances.

(2)

An instrument granting a waiver or refund must specify the reason for the waiver or refund.

(3)

An instrument by which the EPA grants a waiver or refund is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Legislation Act 2019 requirements for secondary legislation made under this section
Publication	The maker must publish it in accordance with the Legislation (Publication) Regulations 2021	LA19 s 74(1)(aa)
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 regulations.

8 GST

The fees, levies, and contributions set out in Schedules 1 and 2 are exclusive of goods and services tax.

Schedule 1 Fees and levies

r 4

	Application fee ($)	Levy ($)
Referral application	12,000	6,700
Land exchange application	36,000	13,400
Substantive application	250,000	140,000

Schedule 2 Contributions

r 6

	Lower contribution ($)	Higher contribution ($)
Referral application	1,500	2,000
Land exchange application	1,500	1,500
Substantive application	7,000	10,000

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations but is intended to indicate their general effect.

These regulations, which come into force on 7 February 2025, prescribe estimated fees and levies that are payable in respect of various applications under the Fast-track Approvals Act 2024 (the Act) at the time of application. They also provide for the payment of further fees or refunds to ensure that the total actual and reasonable costs that are recoverable by agencies and the Minister under the Act are recovered. The fees and levies are payable to the EPA.

The regulations also provide that the EPA must pay prescribed contributions to the costs of Māori consultation groups who comment on applications in response to an invitation to comment. Contributions are funded from fees paid under these regulations.

The regulations provide that the EPA may waive or refund the payment of any fee or levy payable under these regulations, in whole or in part, if the EPA is satisfied that the waiver or refund is reasonable in the circumstances.

Regulatory impact statement

The Ministry for the Environment produced a cost recovery impact statement on 1 November 2024 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this cost recovery impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 30 January 2025.

These regulations are administered by the Ministry for the Environment.

Fast-track Approvals (Cost Recovery) Regulations 2025