The Fast-Track Approvals Act 2024 is now in force, allowing 149 “listed” projects to apply for approval under the fast-track process, while other eligible projects can seek referral to the process.
Referrals
Applicants seeking referral to the fast-track approval process are required to complete pre-lodgement consultation with relevant councils and, when considering whether to refer a project to the fast-track process, the Minister for Infrastructure must invite those councils to provide written comments. Further, councils must provide comment on certain matters, including any relevant existing consents or competing consent applications. While the Minister is required to consider any comments received by a council, in determining whether a project should be referred, the Minister must ultimately apply the criteria in s 22 of the Act. A council’s view on whether a project should be referred is therefore not determinative.
Substantive applications
Similarly, for substantive applications, the relevant councils must be notified, and applicants must complete pre-lodgement consultation. While an expert panel deciding an application must invite comment from the relevant councils and may request a report, a hearing is not a requirement, and an approval can only be declined if the adverse impacts are disproportionate to the regional or national benefits of the project. Accordingly, while an application for resource consent or designation under the fast-track process must include a planning assessment, the assessment will likely be relevant only to the extent that the plan provisions are material to and consistent with the purpose of the Act.
Similarly, while draft conditions on an approval must be provided to the local authority (that will be enforcing or monitoring compliance with those conditions) for comment, the council’s views on conditions are not determinative.
For completeness, we note there are exceptions to this, including that under Schedule 6, the written agreement of the relevant local authority is required for various activities undertaken on reserves.
Cost recovery
A council’s role in consulting with potential fast-track applicants and providing comment may be resource intensive. The Act recognises this by allowing for the recovery of these costs, even if no substantive application is subsequently lodged.
Appeals
Local authorities have an appeal right against decisions under the Act, though this right is limited. Only appeals on points of law or applications for judicial review are allowed, and there are no appeals to the Court of Appeal, unless allowed by the Supreme Court.
Preparing for the Fast-track process
Councils will need to comply with strict timeframes for providing comments or reports under the fast-track process and will need to update their delegations registers to ensure they have appropriately delegated the powers and functions of local authorities under the Act.
If you need any assistance with navigating the fast-track, providing comments to decision-makers, or updating your delegations register, please get in touch with our Regulatory team via: laura.bielby@ricespeir.co.nz.
