Fast-track Approvals Bill: key changes and implications for projects in New Zealand

The Select Committee recently released its report on the Fast-track Approvals Bill (the Bill), which introduces several updates that are important for those involved in infrastructure and development projects across New Zealand. While the core principle of the Bill remains – to streamline listed projects through an approvals process involving an expert panel – the Select Committee has introduced key changes that both project proponents and stakeholders should be aware of.

 

Declining projects based on adverse impacts

One significant change is the ability for projects to be declined if their adverse impacts are deemed sufficiently significant to outweigh the purpose of the Bill, even after considering any conditions that may be imposed. However, what constitutes ‘impacts’ or ‘sufficiently significant’ remains open for interpretation, and it is likely that future applications will provide more clarity on how these terms are applied in practice.

 

Expert panel as the final decision-maker

As anticipated, the Select Committee has confirmed that the expert panel will now be the final substantive decision-maker, replacing the role previously held by joint Ministers. This shift responds to concerns raised by submitters that Ministers could be susceptible to bias, corruption, or potential lobbying.

 

Purpose of the Bill refined

The Bill’s purpose has been refined to move beyond process-driven language, now focusing on facilitating the delivery of infrastructure and development projects that bring significant regional or national benefits. This reflects the Government’s policy intention to facilitate projects that offer significant regional and national benefits, and the change is expected to encourage more substantial investment in such ventures.

 

Enhancing expertise on the expert panel

Responding to concerns about the sufficiency of skills on the expert panel, the Bill now requires that the panel collectively holds relevant knowledge, skills, and expertise. This includes a focus on environmental matters, and importantly, mandates that at least one member must have expertise in te ao Māori and Māori development.

 

Flexibility in timeframes and approval processes

The Bill introduces further flexibility in the panel’s ability to extend timeframes for recommendations, allowing extensions where deemed appropriate by the panel. This change is likely to accommodate the complexity of certain projects, offering applicants and stakeholders greater certainty around timelines. Additionally, there is further refinement of the process for seeking approvals under Acts outside of the Resource Management Act 1991 (RMA), including the Conservation Act, Reserves Act, and Heritage New Zealand Pouhere Taonga Act 2014.

 

Next steps for the Bill

The Bill is set to proceed to its second reading and is expected to become law before Christmas. Once enacted, it will continue to shape the landscape for infrastructure and development projects in New Zealand, offering an expedited pathway for certain projects while introducing new checks and balances through the expert panel.

As this legislative process evolves, it will be important for project proponents and stakeholders to stay informed about how these changes might impact their upcoming or ongoing projects. The focus on regional and national benefits, as well as the enhanced role of the expert panel, marks a shift in how infrastructure projects are assessed and approved, with potential benefits and challenges for various stakeholders.