Fast-track approvals proposed process

The Fast-track Approval Act's (the Act) purpose is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits.  

Fast-track is a ‘one-stop-shop’ that provides projects with an alternative to current processes for the resource consents, notices of requirement, and certificates of compliance usually required under the Resource Management Act 1991, or other Acts.

Under the Fast-track pathway, expert panels will consider required approvals as a single application package. This will create a more streamlined system than current processes, which require separate applications for different types of approvals.

Treaty settlements and other arrangements

An overarching clause requires everyone working under the Act to do so in a manner that is consistent with existing Treaty of Waitangi settlements and other arrangements.  

See obligation relating to Treaty settlements and recognised customary rights [NZ Legislation website]

Any person can apply to have projects of regional or national significance considered for fast-track approval.  

Part 2 of the Act outlines the process and the eligibility criteria projects must meet.  The Minister for Infrastructure decides if projects are eligible for referral to the Fast-track pathway. If so, the applicant can lodge a substantive application. 

Expert panels will consider substantive applications, determine conditions for projects and approve or decline applications.  

Schedule 2 of the Act lists 149 projects the Government decided met the purpose of the Act and access the Fast-track pathway without requiring Ministerial referral.  

Projects seeking referral

The steps for projects seeking referral to an expert panel are:  

1. Applicants complete pre-lodgement consultation requirements.
2. Project applications are lodged through the Fast-track application portal.
3. The Ministry for the Environment undertakes completeness and eligibility check.
4. The Ministry either provides application to Minister or returns it to the applicant if it is found incomplete.
5. Minister receives the complete application and must invite comments, and request advice or reports.
6. Minister considers the application, advice or reports, invites comments and may seek further information, and decides to accept or decline the application, or make determinations on eligibility matters for an accepted referral application. 

Substantive application for a project referred by the Minister

The steps for a substantive application for a project referred by the Minister to an expert panel (or listed in Schedule 2 of the FTA Act) are: 

1. Applicants complete pre-lodgement consultation requirements 
2. Project applications are lodged through the Fast-track application portal 
3. The Fast-track team undertakes completeness and eligibility check 
4. The Fast-track team provides application to panel convener (or returns it to the applicant if it is found incomplete) and makes recommendations on whether there are competing applications or existing resource consents for the same activity.  
5. Panel convener receives the application and must invite comments, advice or reports. 
6. Applicants can respond to comments.  
7. Panel convener stands up an expert panel to consider application 
8. Panel considers the application, comments, advice or reports (and may commission extra reports or advice); declines or approves the application; and determines if conditions should be imposed.   
9. Parties specified in the Act may appeal on points of law, to the High Court. 

The Government and its agencies do not subsidise Fast-track consenting. Applicants will pay fees to cover the actual and reasonable costs incurred by government agencies, local authorities, panel conveners and expert panels when processing each application.  

The Act also allows for the creation of regulations that may impose a levy, payable to the Environmental Protection Authority (EPA), to cover certain costs. These include, but are not limited to, the expenses of the EPA or panel not otherwise covered under regulations. This also includes costs incurred by the Minister, EPA, agencies or a panel or panel convenor in relation to appeals or other legal proceedings under the Act.

The Ministry's core function as responsible agency is to assess referral applications and provide advice to the Minister for Infrastructure to inform his decisions on referral applications.  

The Ministry receives the referral application from the applicant and assesses it for completeness and eligibility. It will also prepare a report on Treaty Settlements and other obligations for each project application.  

In addition to supporting the Minister for Infrastructure, the Ministry is responsible for advising relevant Ministers (including the Minister for Climate Change) who may exercise powers, functions and duties under the FTA Act. Comments must be invited from the Minister for the Environment at both referral and substantive application stages.  

The Environmental Protection Authority’s responsibilities include:

• making decisions on whether applications are complete and within scope
• coordinating all information and approvals required from various regulatory agencies and authorities
• managing the cost-recovery process.

It is not involved in the decision-making process (expert panels make the decisions to approve or refuse consents and whether to impose conditions). 

The EPA also provides advice and administrative and secretariat support to the panel conveners and expert panels.  

At the panel’s direction, the EPA will obtain reports and advice or invite comments from agencies to support the expert panels in their decision making.   

The EPA is establishing a new Fast-track function and processes to administer fast-track consenting under the Fast-track Approvals Act. This includes

• an application portal
• website
• time-sheeting solution.

The Fast-track function will operate as a cross-government ‘one-stop shop’, independent from the EPA’s environmental regulation role. 

Other agencies responsible for specific Acts related to project approvals include: 

• The Department of Conservation (in relation to conservation land and values) 
• The Ministry of Business, Innovation and Employment (in relation to Crown minerals) 
• The Ministry for Primary Industries (in relation to aquaculture matters) 
• Heritage New Zealand Pouhere Taonga (in relation to archaeological authorities) 
• The Environmental Protection Authority (in relation to marine matters in the Exclusive Economic Zone).  

A dedicated portal for Fast-track applications is under development.   

From 7 February, Fast-track applications for referral or for projects listed in Schedule 2 of the Act will be accepted. An application cannot proceed until both application lodgement and payments are completed.   

For those projects that are listed in the Act, applicants will be able to lodge their substantive application for consideration by an expert panel. The expert panel will decide whether or not to grant the approvals, and apply conditions.  

Before applications open on 7 February 2025, prospective applicants can progress their consultation requirements with the relevant local authorities, relevant iwi/Māori groups, and relevant administering agencies.  

Information on central government agencies’ cost recovery processes will be available in coming weeks.