Unlocking Efficiency: The Fast-track Approvals Bill

The Bill proposes a streamlined process, with an Expert Panel (EP) recommending projects with the joint Ministers making the final decision whether approvals should be granted or declined. Projects that meet specific requirements and Cabinet approval will undergo automatic fast-tracking, while others will be considered by Ministers before referral into the fast-track process.

To ensure a thorough and transparent process in establishing the Bill, the Government will establish a Fast Track Advisory Group of independent experts. The group will advise Ministers on what projects should be included in the legislation and which of those should qualify for automatic fast-tracking. In the coming weeks Ministers will establish the group, publish the criteria and applicants will be able to submit projects to the group for evaluation.

Eliot Sinclair’s planning team has been closely monitoring these proposed legislative changes. We stand ready to assist current and prospective clients in assessing if their project could benefit from this fast-track option. Projects such as out of sequence rezoning applications and those with significant regional benefit could see considerable advantages with this Bill.

The Bill proposes to reduce delays and bureaucracy in the current approval process. By minimising red tape, it aims to accelerate development initiatives with regional significance. Concerns have been raised however, by environmental organisations and others regarding the Bill's sweeping powers to override existing legislation including the RMA, Conservation Act and Wildlife Act. Questions also arise about the availability of suitable experts for the Expert Pannel (EP) given the expected volume of projects that will be submitted.

The proposed Bill has the authority to approve previously prohibited activities. This could potentially revive stalled projects that have been delayed after legislative decisions that have made a necessary activity prohibited due to an anomaly. An example of such is the ruling following the Awa Water v Cloud Ocean Water Bottling decision by the Supreme Court. This has the potential to positively impact development projects in areas such as Canterbury, which would otherwise need to wait for a Plan Change.

The Bill relies on Ministerial decisions to approve or decline projects, rather than the Expert Panel, who only advise. The expert panel needs to be capable to consider and make suitable recommendations, raising concerns over accountability and transparency.

Projects up for review can be subject to legal challenges and objections which would see them face judicial review on points of law. Those considering the fast-track option must weigh the benefits against the potential increase in cost and time should an objection be raised. Eliot Sinclair's expertise in project assessment and risk analysis can aid informed decision-making.

As the legislative process progresses, public participation remains crucial. Submissions are open until 19 April 2024. Eliot Sinclair's planning team stands ready to provide guidance and support for those wishing to include a submission, ensuring clients' interests are represented.

In conclusion, the Fast-track Approvals Bill promises efficiency and expediency in project approvals, but careful consideration is essential to navigate potential pitfalls. With Eliot Sinclair's expertise, clients can confidently embrace the opportunities presented by this legislative reform.

For further advice or a confidential chat on whether your project may be suitable for consideration in the Fast-Track Approval process, contact our planning team.