In our article from the Autumn 2024 issue of The Profit we discussed the concept of fast-track resource consenting processes as a more streamline approach to the traditional council-led process. We commented on the now expired COVID-19 Recovery (Fast-track Consenting) Act 2020, which, distinct from the Resource Management Act, aimed to stimulate economic activity by streamlining the resource consent process for specific projects where economic benefits could be demonstrated.
The key purported benefits of this “fast-track” process were the accelerated timeframes, elimination of formal notification and (usually) oral hearings, and no potential for substantive appeals to the Environment Court (with appeals being limited to points of law and going straight to the High Court). A range of projects utilised this pathway – including renewable energy, quarries and housing developments. Our experience with the process identified both benefits and complexities.
Firstly, “fast” is relative, as applicants had to first secure MfE approval to utilise the process, followed by a separate substantive application to the EPA. Additionally, the ‘one shot – one chance’ nature of the process involved greater upfront costs with all necessary inputs needing to be completed upfront and to a high level. Tight timeframes demanded agility and the time demand to respond to and assist the panel considering the cases was high.
Consultation remained crucial – with Councils, adjoining landowners, and iwi authorities still having the ability to provide input and participate. The COVID-19 Recovery (Fast-track Consenting) Act 2020 has now expired and has been replaced by the Fast-track Approvals Bill which was introduced by the Government to Parliament in March 2024.
The purpose of the Bill is to provide a streamlined ‘one stop shop’ decision-making process to facilitate the delivery of infrastructure and development projects with significant regional or national benefits. A number of the key benefits of the previous legislation (outlined above) have been retained, with the scope expanding to provide for a range of associated regulatory approvals – including Wildlife Act and Archaeological Authorities.
Following the introduction of the Bill, the Environment Select Committee commenced six weeks of hearings – hearing from 1,100 of the 27,000 submitters. In response to the issues raised during the Select Committee hearing process, Cabinet has announced that it has agreed to recommend a number of key changes to the Bill, including enabling independent expert panels to decline applications. The Select Committee is scheduled to issue its report towards the end of 2024.
Concurrently, a Fast-track Independent Advisory Group was established to make decisions on what projects should be included in the Bill. Following an application process, 149 projects were selected. These projects were announced at the beginning of October. There are 58 housing and land development projects, 43 infrastructure projects, 22 renewable electricity projects, 11 mining projects, 7 aquaculture and farming projects and 8 quarrying projects.
Within Hawke’s Bay, the list includes 2 housing and land development projects, 3 infrastructure projects and 1 renewable energy project, including the Hawke’s Bay Expressway and Tukituki Water Security Project.
The Hawke’s Bay Expressway was promoted by NZTA Waka Kotahi. This seeks to provide for four lanes between Watchman Road and Pakipaki, including interchanges and bridge upgrades. The purpose of the project is to improve traffic flow, reduce congestion, and enhance road safety in the region.
The Tukituki Water Security Project, formerly known as the Ruataniwha Water Storage Scheme, seeks to dam the Makaroro River to recreate a water storage reservoir to support primary production. Recreation and water quality and quantity outcomes are also envisaged. Once the Bill is passed, applicants will be able to apply to the Environmental Protection Authority to have an expert panel assess these projects.
The Fast Track Approvals Bill and the initial projects included are viewed as key initiatives to build the economy, address the housing crisis, improve energy security and address infrastructure issues. For other projects, the option of using the fast-track consenting process could prove valuable – but it does need to be considered on a case-by-case basis for each project’s specific needs and potential effects. In some cases, a traditional process may be faster and more cost-effective than relying on this legislation. Fast-track consenting is a space Stradegy has experience in and we are building out approaches to support and work within this evolving consenting environment.
Author: Cam Drury is the principal planner at Stradegy. To contact Cam email him at cam@stradegy. co.nz. Stradegy provide expert services in the field of Planning and coordinate a range of supporting consultant disciplines across the region. www.stradegy.co.nz
