‘One-stop-shop’ to cut through red tape to get major projects under way

Thursday, 7 March 2024

The Government has announced what it calls a ‘one-stop-shop’, massively empowering three Government ministers to ‘fast track’ and approve new projects in a bid to make it easier to get infrastructure built.

The Fast Track Approvals Bill will have its first reading under urgency in Parliament on Thursday afternoon. It is another item of the Government’s 100-day plan that can be ticked off the list before the Government’s self-imposed Friday deadline.

The legislation builds on a fast track consenting regime developed by former Labour minister David Parker, but the Government says it will go further.

“The Fast Track Approvals Bill is based on the previous RMA fast track regime developed by the previous government but is far more extensive in its scope and will be far more effective,” Minister for RMA Reform Bishop said.

Under the new scheme there will be two ways a project can be eligible for fast tracking: either by applying to the ministers of infrastructure and regional development for approval or by being listed in Schedule 2A of the new bill. There will also be a 2B section for projects in development but not yet at consenting stage.

There are no projects listed in the bill and the Government will be setting up an expert panel to advise ministers what projects should be included in the legislation.

“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. Cabinet will decide on the exact mix of projects and the projects will be inserted into the schedules of the Bill through the select committee process,” a statement from Bishop and Regional Development Minister Shane Jones said.

In a press conference, held at the Basin Reserve in Wellington to highlight the non-movement on a second Mt Victoria tunnel, Bishop said that once ministers sign off on the projects, “that means the projects go ahead.”

“So ministers will be essentially approving those projects and though the consents will be granted, it's not just consents,” Bishop said, pointing out that approval will mean that the project passes all of the necessary regulatory hoops (A full list is at the bottom of this story).

It will apply to projects of national and regional significance.

“It's sort of self-defining projects that are regionally significant in terms of job creation, economic value creation, when it comes to a road - congestion benefits or savings,” Bishop said.

The three approving minister under the new scheme will be Bishop, Jones and Transport Minister Simeon Brown.

“Consenting major projects in New Zealand takes far too long and is far too expensive,” Bishop said.

“A recent report by the Infrastructure Commission shows that the cost of consenting infrastructure projects has increased by 70 per cent since 2014, and the time it takes to get consent has increased by as much as 150 per cent over the same period.”

Bishop said that appeals would be available “on points of law only”.

“That is the same as it was through the existing fast track and both the Covid legislation and then carried over into the law right now. So appeals to the High Court and beyond on points of law only - the bill does not affect rights of judicial review,” he said.

“Every region in New Zealand has been blighted by the costs of acquiring consents, the length of time taken to acquire consents,” Regional Development Minister Shane Jones said saying the legislation was a move from “cancel economics to can-do economics”.

Jones also said that the law would not “derogate” the rights of Iwi or treaty settlements.

“The existing settlements and the property rights contained in those settlements will be upheld.”

There will be ample opportunity for those settlement entities and other groups of value who may not have entered into settlements to date to participate in the processes - their views, their perspectives, will be actively sought out by the statutory decision makers,” he said.

Earlier in the day Greenpeace set up a protest on the lawns on Parliament with what it described as a “giant tap pouring cow effluent outside the Beehive.”

'The Government’s plan to fast-track development with little regard for nature could turn on the tap for more water pollution,“ Greenpeace spokesperson Gen Toop said.

A Greenpeace activist also appeared at the media conference to ask questions of Prime Minister Christopher Luxon.

The road transport industry was positive about the changes.

“Streamlining New Zealand’s glacial consenting processes is a great way to achieve productivity, safety, and resilience improvements for the entire country. Consenting processes are adding $1.3 billion to the cost of infrastructure projects every year, according to the Infrastructure Commission,” Ara Aotearoa Transporting NZ chief executive Dom Kalasih said.

The new regime will allow the fast tracking of:

• Resource consents, notices of requirement, alterations to designations and certificates of compliance under the Resource Management Act 1991

• Marine consents under the Exclusive Economic Zone and Continental Shelf Environment Effects Act 2012

• Section 61 land access arrangements under the Crown Minerals Act 1991

• Applications for archaeological authority under the Heritage New Zealand Pouhere Taonga Act 2014

• Concessions and other permissions under the Conservation Act 1987 and Reserves Act 1977

• Approvals under the Wildlife Act 1953

• Aquaculture decisions under the Fisheries Act 1996