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Draft:Fast-track Approvals Bill

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Fast-track Approvals Bill
New Zealand Parliament[1]
  • The purpose of this bill is to provide a streamlined decision-making process to facilitate the delivery of infrastructure and development projects with significant regional or national benefits.[1]
Legislative history
Introduced byChris Bishop[1]
First reading7 March 2024[1]

The Fast-track Approvals Bill is a proposed New Zealand Act of Parliament that seeks to establish a permanent fast track approvals regime for a range of infrastructure, housing and development projects.[2] The Bill is part of the National-led coalition government's efforts to overhaul resource management legislation.[3] The Bill was first introduced into the New Zealand Parliament on 7 March 2024.[1]

Provisions[edit]

The Fast-track Approvals Bill proposes to establish a permanent fast-track approvals regime for projects of national and regional significance in New Zealand. The regime's process involves several joint ministers including the Minister for Infrastructure, Minister of Transport, Minister for Regional Development, Minister of Conservation, and the Minister Responsible for the Crown Minerals Act.[4]

Under the proposed bill, there are two ways for projects to be approved. First, a list of projects will be automatically fast-tracked once the legislation passes into law.[5] The bill establishes a separate process for approvals subject to various laws including resource consents, notices of requirement, and certificates of compliance under the Resource Management Act 1991, concessions under the Conservation Act 1987, authority to carry out activities prohibited by the Wildlife Act 1953, Reserves Act 1977, aquaculture activity approvals under the Freshwater Fisheries Regulations 1983, archaeological authority under the Heritage New Zealand Pouhere Taonga Act 2014, marine consents under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, land access under the Crown Minerals Act 1991, Public Works Act 1981 and the Fisheries Act 1996.[4][6]

Second, others can apply for projects to be considered by an expert panel, and then the Ministers for Infrastructure, Regional Development and Transport for final approval.[5] These ministers will decide if projects will be referred to an expert panel under the criteria that they would have significant national or regional benefits. Ministers must consider Treaty of Waitangi settlements and consult with a range of stakeholders including relevant local authorities, agencies or statutory bodies, portfolio authorities, iwi (tribal) authorities, relevant Treaty of Waitangi settlement entities, and other Māori groups.[4][7]

The Bill outlines the purpose, functions and composition of expert panels. Panels have a quorum of four members and must include one person nominated by relevant local authorities and one person nominated by relevant iwi (tribal) authorities.[7] Ministerial approval has been a point of contention for opponents of the fast-track approvals legislation particularly environmental groups who have expressed concern that the legislation allows ministers to overrule the expert panels' recommendations.[5]

The Bill also outlines the criteria for both "eligible" and "ineligible" projects. Eligible projects must have significant national or local benefits including delivering significant economic benefits, supporting industries, the development of natural resources and climate change mitigation, and addressing environmental issues. Ineligible projects are activities that occur on land returned under a Treaty of Waitangi settlement, that has been contested by the land owner, Māori customary land and reservations, a protected customary rights area and aquaculture areas protected by iwi settlements and Section 12 of the Māori Commercial Aquaculture Claims Settlement Act 2004.[7]

Background[edit]

Following the 2023 New Zealand general election, the National Party formed a coalition with the libertarian ACT and populist New Zealand First parties.[8] As part of National's coalition agreement with NZ First, the Sixth National Government agreed to establish a new fast-track consenting regime to "improve the speed and process for resource approvals for major infrastructure projects, unlocking opportunities in industries such as aquaculture and mining in our region."[3]

Members of the National-led coalition government have advocated the Fast-track approvals Bill due to their frustration with environmental protections for delaying or obstructing several major infrastructure projects. The Regional Development Minister Shane Jones said "Gone are the days of the multicoloured skink, the kiwi, many other species that have been weaponised to deny regional New Zealand communities their right to a livelihood, their entitlement to live peacefully with their environment but derive an income to meet the costs of raising families in regional New Zealand."[5] In response to concerns that mining in the Ruataniwha plains would affect the endangered Archey's frog, Jones had said "if there is a mining opportunity and it's impeded by a blind frog, goodbye, Freddy."[5]

In March 2024, Transport Minister Simeon Brown had announced that the proposed fast-track approvals legislation would help facilitate the Government's stated goal of building 15 "Roads of National Significance." Similarly, Infrastructure New Zealand chief executive Nick Leggett stated that "fast-tracking roading projects could save significant up-front costs and give communities benefits sooner."[5]

Legislative passage[edit]

First reading[edit]

The Fast-track Approvals Bill was first introduced into the New Zealand Parliament on 7 March 2024. It passed its first reading on the same day and was subsequently referred to the Environment select committee.[1] The deadline for public submissions closed on 19 April 2024.[6]

Select committee stage[edit]

By 14 May 2024, the Bill had received a total of 27,000 written submissions. 2,900 submitters asked to appear in-person before Parliament's environment select committee. Committee chair and National MP David McLeod said that the committee expected to hear from 1,100 submitters (550 organisations and 550 individuals) over a six-week period. Due to the large volume of submitters, the committee decided to filter the number of oral submissions using a ballot system. Companies and entities will be given ten minutes to make their submissions while individuals will be given five minutes. Since conservation groups such as Forest & Bird and the Environmental Defence Society sent their supporters template messages, the committee opted to prioritise hearing from individuals who made unique submissions. Opposition Green Party MP Lan Pham and Labour MP Rachel Brooking objected to the ballot system, saying it would limit public input on the legislation.[9]

In his submission John Ryan, the Controller and Auditor-General of New Zealand, expressed concern that the Bill did not require the Joint Ministers to comply with its conflict of interest mechanism, provide reasoning for approving an application or dissenting with the expert panel's recommendations, and called for stronger transparency and accountability safeguards in the legislation.[10] Similarly Chief Ombudsman Peter Boshier expressed concern that the fast-track consenting regime would create "enormous executive powers" and opined it needed more "checks and balances."[11]

Application process[edit]

On 3 April 2024, the New Zealand Government opened the initial fast track application process, which concluded on 3 May 2024. By 12 April, RNZ reported that the Infrastructure Minister Chris Bishop had responded to 200 inquiries by organisations seeking information on how to apply for the fast track process. Notable applicants included Trans Tasman Resources (TTR), Stevenson Mining, OceanaGold and Water Holdings. TTR has sought permission from the Environmental Protection Authority to launch offshore mining in Taranaki while Stevenson Mining has sought consent for a coal mine at Mount Te Kuha near Westport. Multinational mining company OceanaGold has expressed interest in mining part of Wharekirauponga Forest Park in the Coromandel Peninsula for gold despite the presence of Archey's frogs. Water Holdings has sought to flood a section of land in the central Hawke's Bay's Ruataniwha plains in order to build a dam. All four projects have attracted opposition from conservation groups including Greenpeace Aotearoa New Zealand, Forest & Bird, Coromandel Watchdog of Hauraki and Wise Water Use Hawke's Bay.[5]

On 9 April, Bishop clarified that the generic email sent to 200 organisations was not a "formal invite" to participate in the fast-track consent process after TTR released a statement on 8 April stating that it had been invited to apply for the fast-track consenting process under the proposed Fast-track Approvals Bill, which was in its Select Committee stage at the time.[12] On 19 April, the Government released a list of about 200 organisations that it had provided information on how to apply for fast-track consents. These organisations included district councils, iwi (tribal) groups, mining companies, housing developers, power companies, and fisheries.[13]

Responses[edit]

Support[edit]

In late March 2024 Sanders Unsworth consultancy partner Charles Finny, who served as the lead negotiator for the New Zealand–China Free Trade Agreement disagreed with conservation group Forest & Bird's position that the fast-track approval bill would clash with the environmental provisions of New Zealand's free trade agreements with the UK and EU. He said that the expert panels would help safeguard environmental considerations within the legislation's framework.[14]

In May 2024, BusinessNZ economist John Pask suggested some tweaks to the bill in his parliamentary submission. He advocated a "balancing exercise" between economic development and environmental protection.[11] Energy Resources Aotearoa policy director Craig Barry argued that the fast-track approvals legislation was needed since "it has become difficult for projects to gain approval within reasonable time-frames [under the current resource consent process], even for those projects with demonstrable benefits."[11] Foodstuffs New Zealand government relations head Melissa Hodd supported the proposed legislation, saying "it believed it could help it develop additional supermarkets faster."[11]

Opposition[edit]

On 14 March 2024, Greenpeace Aotearoa New Zealand objected to the proposed Fast-track Approvals Bill, saying that the fast-track consenting "would enable just three Government Ministers to approve development projects more quickly, by bypassing planning legislation and the checks and balances that are in place." The advocacy group advocated its commitment to fighting to protect people and nature regardless of the Government's actions.[15]

On 8 May 2024, the Māori iwi (tribe) Ngāti Toa Rangatira organised a protest march against the Fast-track Approvals Bill outside the New Zealand Parliament grounds. The iwi'schief executive Helmut Modlik said that the proposed bill would "allow big corporations to do anything they want in Aotearoa, without any say from the public, iwi, hapū, environmental experts and communities." Iwi members presented trees and a petition to Māori Development Minister Tama Potaka and RMA Reform Minister Chris Bishop.[16]

On 12 May, Environmental Defence Society spokesperson and lawyer Raewyn Peart expressed concern that the proposed legislation could allow projects to be built with fewer environment checks and said that it harked back to Think Big projects of the Third National Government.[17]

On 8 June, 20,000 people participated in a "March for Nature" protest in Auckland against the proposed Fast-track Approvals Bill.[18]

Implications for foreign trade[edit]

In an unusual move, the Ministry of Foreign Affairs and Trade (MFAT) did not provide advice on the Fast-track Approvals Bill before its first parliamentary reading on 7 March 2024. An MFAT spokesperson confirmed that it had prepared advice regarding the bill after 11 March but would not share it due to "legal professional privilege."[14] In addition, the Ministry for the Environment provided advice around the Bill's international obligations in the form of a Regulatory Impact Statement, which was not publicly available.[14]

Conservation group Forest & Bird expressed concern that the Fast-track bill could breach clauses in New Zealand's free trade agreements with both the United Kingdom and European Union requiring environmental protections and due process for feedback. The NZ-EU trade agreement requires that the public and advocacy groups be given a sufficient timeframe for providing freedback on the environment impact of mining projects. Forest & Bird spokesperson Geoff Keey said "it was really a bill to override environmental laws. It's not really fast tracking."[14] Similar concerns were raised by the World Wildlife Fund (WWF) New Zealand chief executive Dr Kayla Kingdon-Bebb.[19]

In early May 2024, the United Kingdom Government confirmed that it was monitoring the passage of the Fast-track Approvals Bill after Liberal Democrats Member of Parliament Wera Hobhouse raised concerns abouts its impact on the New Zealand–United Kingdom Free Trade Agreement in the House of Commons.[19][20] In response to British concerns, Infrastructure Minister Chris Bishop and Trade Minister Todd McClay downplayed concerns that the Bill would affect the NZ-Uk free trade agreement, which they argued allowed governments to set their own environmental standards.[19][20] Bishop claimed that the fast-track approvals process would accelerate the construction of pro-environment and de-carbonisation initiatives like wind farms and solar farms.[19]

References[edit]

  1. ^ a b c d e f "Fast-track Approvals Bill". New Zealand Parliament. Retrieved 24 June 2024.
  2. ^ "Fast-track Approvals Bill". Ministry for the Environment. 15 March 2024. Archived from the original on 18 May 2024. Retrieved 2 June 2024.
  3. ^ a b Bishop, Chris; Jones, Shane (2 February 2024). "Fast track consenting in the fast lane". Beehive.govt.nz. New Zealand Government. Archived from the original on 17 May 2024. Retrieved 2 June 2024.
  4. ^ a b c "Fast-track Approvals Bill". Minister for the Environment. 15 March 2024. Archived from the original on 18 May 2024. Retrieved 24 June 2024.
  5. ^ a b c d e f g Green, Kate (12 April 2024). "Fast-track bill: Which projects could be approved for quicker consent?". RNZ. Archived from the original on 1 June 2024. Retrieved 26 June 2024.
  6. ^ a b "Fast-track Approvals Bill - The closing date for submissions is Friday, 19 April 2024". New Zealand Parliament. 14 March 2024. Archived from the original on 2 June 2024. Retrieved 25 June 2024.
  7. ^ a b c Chris Bishop (2024). Fast-track Approvals Bill (Government bill 31-1). New Zealand Parliament. Retrieved 24 June 2024.
  8. ^ Couglan, Thomas (24 November 2023). "Coalition talks live updates: New Government next week, legislation bonfire planned for first 100 days". The New Zealand Herald. Archived from the original on 23 November 2023. Retrieved 24 November 2023.
  9. ^ Dexter, Giles (14 May 2024). "Fast-track submissions: Hundreds will miss out on speaking at committee". RNZ. Archived from the original on 21 May 2024. Retrieved 27 June 2024.
  10. ^ "Submission on the Fast-track Approvals Bill". Controller and Auditor-General of New Zealand. 18 April 2024. Archived from the original on 23 May 2024. Retrieved 27 June 2024.
  11. ^ a b c d Pullar-Strecker, Tom (10 May 2024). "Fast-track bill creates 'enormous executive power' says chief ombudsman". The Post. Archived from the original on 27 May 2024. Retrieved 27 June 2024.
  12. ^ Green, Kate (9 April 2024). "Minister questions mining company's fast-track 'invite' claim". RNZ. Archived from the original on 19 April 2024. Retrieved 26 June 2024.
  13. ^ Dexter, Giles (19 April 2024). "Government releases list of organisations shoulder-tapped for fast-track consents". RNZ. Archived from the original on 19 June 2024. Retrieved 26 June 2024.
  14. ^ a b c d Hancock, Farah (31 March 2024). "'Fast Track Bill' could breach free trade deals, environmentalists claim". RNZ. Retrieved 26 June 2024.
  15. ^ Mackie, Rhiannon (14 March 2024). "The fast-track approvals bill: what's the story?". Greenpeace Aotearoa New Zealand. Archived from the original on 25 May 2024. Retrieved 26 June 2024.
  16. ^ "Ngāti Toa hikoi: Hundreds march to oppose fast-track bill". 1 News. 8 May 2024. Archived from the original on 2 June 2024. Retrieved 27 June 2024.
  17. ^ "Ngāti Toa hikoi: Hundreds march to oppose fast-track bill". 1 News. 8 May 2024. Archived from the original on 23 May 2024. Retrieved 27 June 2024.
  18. ^ Block, George; Howie, Chewie (8 June 2024). "Fast-track Approvals Bill protest: 20,000 estimated as huge demonstration brings Auckland to stand-still". The New Zealand Herald. Archived from the original on 8 June 2024. Retrieved 8 June 2024.
  19. ^ a b c d Manch, Thomas (9 May 2024). "Concerns about fast-track bill raised in United Kingdom Parliament". The Press. Archived from the original on 27 May 2024. Retrieved 27 June 2024.
  20. ^ a b Sowmund-Lund, Stewart (13 May 2024). "Why the UK parliament is monitoring our fast-track consenting bill". The Spinoff. Archived from the original on 27 May 2024. Retrieved 27 June 2024.

External links[edit]

Category:2024 in New Zealand law Category:Urban planning in New Zealand Category:Economy of New Zealand Category:Environmental law in New Zealand Category:Natural resource management

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