Fast-track projects process

Details of the request

Questions on Fast-track Projects Advisory Group (“Group”) and process 

1. Under what delegation authority did the “Delegated Ministers” agree as follows?
   1. 18. Delegated Ministers agreed that the introduced version of the Bill would include empty lists as a placeholder for listed projects, and that projects would be added to these Schedule [sic] later in the legislative process.
   
   Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 9
2. How many applications are before the Group for consideration?
3. When can EDS see the list of applicants?
4. Are any projects that were not submitted by 3 May being assessed by the Group (ie late applications or applications received via submissions to the Select Committee on the Bill)?
5. What (if any) cost recovery mechanisms are there with respect to applications submitted to the Group?
6. Has the ToR for the Group been confirmed/approved by the Group?
7. When was the Group’s first meeting? When is its next meeting?
8. The ToR state that a report must be delivered to the Ministers by 2 August 2024 (cl 10). Is it intended that the Group will provide its recommendations all at once, or might the Group drip feed its recommendations to Ministers?
9. The ToR state that the Group will terminate on 5 September (cl 51). What is the Group’s function during the month between 2 August and 5 September?
10.  What criteria is the Group using to make its assessment as to the order in which projects should be referred to panels post-enactment ie what criteria is informing this prioritisation process (cl 9(a))?
11. The ToR state that the Group may make recommendations on applications that are ineligible under cl 18 if that ineligibility is because agreement has not been obtained (cl 12(b)(i)). Does that mean all other projects that do not meet cl 18 of the Bill (ineligibility) cannot be assessed by the Group?
12.  Will MfE’s policy advice (cl 15(c)) be made publicly available as it is provided to the Group?
13. The ToR state that to assist the Group the Ministry will provide it with feedback from any consultation undertaken (cl 12(a), 2^nd bullet point). Has this included (and will it include going forward) any feedback the Ministry has received on any project by people other than the applicant?
14. Has any Group member declared a conflict of interest for any project? If so, what?
15.  The ToR state that the Chair is responsible for representing the Group in any meetings with Ministers, or other parties, as required (cl 24(e)). As an ‘independent’ group, on what basis will it be meeting with Ministers? And who might the other parties be?
16. The Group does not have conservation expertise as required by Cabinet. How is this knowledge gap intended to be filled?
17. The Group has advised that it will consider s6 RMA matters. Where is this reflected in the ToR assessment criteria?
    1. “We have updated the TOR and these updates have been reviewed by the Chair of the Advisory Group. We attach the amended TOR for your information (Appendix 1). The Advisory Group have advised that they will consider all relevant matters in so far as they relate to s 6 of the Act”
    Package 2 - Letters of Appointment Terms of Reference for Advisory Group p 53
18. What option did the Ministers agree to in BRF-4408 (Recommendations (c) and (d))?
    Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 6
19. What criteria are the Ministers applying to their final decisions to list projects? 
20.   What is the process (including timing) of introducing the list to the House?

 Information requests

1. EDS has already requested the names of the applicants who have submitted applications to the Group. When will that list be released?
2. The Ministry’s report to the Group, as per:
   1. “ii. an assessment team of officials from the Fast-Track cross-agency group will carry out a stage 1 analysis of the application, which includes an initial completeness assessment of the application and an assessment against the ineligibility criteria set out in the Bill and provide a report to the Fast-Track Projects Advisory Group”
   
   Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 5
3. CAB-24-MIN-0008, as per:
   1. “Cabinet agreed [CAB-24-MIN-0008] that, in addition to the standard application process, the bill will contain a schedule of projects (“listed projects”) to be automatically referred to an Expert Panel (EP). Projects can access the Fast-Track process either by applying to be referred to an Expert Panel (EP) by joint Ministers, or through inclusion in Schedule 2 to the Bill as a listed project”
   
   Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 9
4. CAB-24-MIN-0066, as per:
   1. “9.3 the Advisory Group will be made up of members who will represent a range of expertise and experience on matters such as infrastructure, economic development, environment, conservation, Treaty of Waitangi and local government.”
   
   Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 17
5. CAB-24-MIN-0108, as per:
   1. “On 2 April 2024, Cabinet noted that the Ministers intend to pay a daily fee of up to $1,600 to the Chair, with members to receive a relevant applicable rate, which is an exception to the Cabinet Fees Framework and was agreed to by the Minister for the Public Service due to exceptional circumstance [CAB-24-MIN-0108 refers].”
   
   Briefing: Fast-Track Approvals – Draft Cabinet Papers - Listed Projects and Nominees for the FastTrack Projects Advisory Group p 34
6. Decision on MFE briefing BRF-4408/MBIE 2324-2522.