Fast-track approvals — the doors are open
Words by Bayley Sprott
The ‘one-stop approval shop’ has opened its doors.
As of 7 February 2025, applications are being accepted through an online portal for developers looking to secure entry into the new fast-track approvals process, which was established in late-December 2024 by the Fast-track Approvals Act 2024.
The fast-track approvals process is a development and infrastructure-focussed pathway designed to make it easier for projects to gain regulatory approvals and consents. This includes allowing a single application to cover the various approvals needed for a project (including resource consent), and reducing the participation of third parties as compared to usual approvals pathways. The process also shuffles the priorities for determining applications to put infrastructure and development needs first.
Access to the fast-track approvals process is limited and selective. The process’s first stage involves the Minister for Infrastructure determining whether the proposed project meets the eligibility criteria for referral to an expert panel. Only projects that the Minister deems nationally or regionally beneficial, and suitable for fast-tracked approval, can use the process.. The Minister can decline any project that does not meet these criteria or involves an ineligible activity listed in section 5 of the Act. Projects also can be refused at this early stage if their entry into the fast-track approval process would materially affect the process’s efficient operation.
Once the Minister has approved a project for referral, the applicant generally will have two years to submit a substantive application for substantive consideration by an expert panel. It is the expert panel which will determine whether to grant the approvals sought and on what conditions.
Some projects have already secured their place in the fast-track approval process by being included in the Act itself. Taranaki-based projects have secured just four out of 149 spots in the Act. These projects are:
· Maia Properties – Mangorei Road Development: A proposed 119 housing development in Merrilands, New Plymouth.
· Stratford Park: The Stratford Agricultural and Pastoral Association Incorporated and Taranaki Motorsport Facility Charitable Trust have joined together with local community groups with plans to develop a multi-use complex at the site of the Stratford showgrounds.
· Huirangi Solar Farm: This project by Harmony Energy NZ #8 Limited aims to construct and operate a solar farm and to connect to and supply electricity to the national grid.
· Taranaki VTM Project: Trans-Tasman Resources Limited’s project proposes seabed mining in the Taranaki Bight. The project has been a somewhat controversial inclusion given its lengthy history in the courts and effect on proposed renewable energy projects for the same area.
This is a reduced list from the initial eight projects recommended for inclusion in the Act by an expert advisory panel, with included additional housing and wind farm projects as well as the New Plymouth District Council’s Urenui and Onaero Wastewater Project.
Inclusion in the Act does not guarantee approval for the four projects. However, it does mean that the projects’ developers have a foot in the door ahead of other applicants who are considering utilising the fast-track approvals process. This is because Parliament is satisfied the four projects have some national or regional importance, and the applicants for these projects will not be required to first convince the Minister of the projects’ suitability. It is likely therefore that we will see these applications determined ahead of other projects in the region – though this also will depend on when the applicants submit their substantive applications for consideration and on the availability of expert panels. The progress of these and other projects can be tracked via the fast-track website.
Based on our experience of the similar COVID-19 fast-track approvals process, these types of new regimes can come with unexpected complications, particularly at the early stages when the new rules are untested. As with any consent or approval application, it pays to be prepared as possible and aware of such potential complications. If you are interested in seeking fast-track approval or may be affected by a fast-track approvals project, we can help you navigate this new process.
For independent advice on Fast Track Approvals and how it may impact you, please contact our Environment & Planning Law Specialists.
