Fast-track Approvals Act 2024

1: Title
This Act is the Fast-track Approvals Act 2024.
2: Commencement
This Act comes into force on the day after Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits.
4: Interpretation
1: In this Act, unless the context otherwise requires,— administering agency
a: means the chief executive of a department that, with the authority of the Prime Minister, is responsible for the administration of a specified Act; and
b: includes,—
i: in relation to the Heritage New Zealand Pouhere Taonga Act 2014
ii: in relation to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
iii: in relation to the Crown Minerals Act 1991
A: the Director-General of Conservation, if the appropriate Minister for the relevant land is or includes the Minister of Conservation:
B: the chief executive of Land Information New Zealand, if the appropriate Minister for the relevant land is or includes the Minister of Lands adverse effect on fishing applicant
a: the person who lodged, or who is to lodge, the application:
b: if the application is lodged, or is to be lodged, by more than 1 person, all of those persons appropriate Minister section 2A approval section 42(4) approval under a specified Act aquaculture agreement section 186ZD aquaculture decision clause 20 authorised person
a: in relation to a listed project, an authorised person specified for the project in Schedule 2
b: in relation to an unlisted project, an authorised person specified for the project under section 27(2)
c: if, under paragraph (a) or (b), there is more than 1 authorised person for a project, all of those authorised persons compensation declaration section 186ZD competing application application A application B
a: relates to the same natural and physical resources as an approval sought by application A; and
b: could not be fully exercised (if at all) if the approval referred to in paragraph (a) were granted complex freshwater fisheries activity
a: a culvert or ford that permanently blocks fish passage:
b: a permanent dam or diversion structure:
c: works—
i: that require disturbance to a water body, including diversions, in-stream operations, and removal of gravel, that persists for more than 3 months; or
ii: that are within 500 m of the coast and occur during the whitebaiting season; or
iii: that are in an area known to be used for trout, salmon, or native fish spawning and occur during the spawning season; or
iv: that require repeated disturbance to a water body and are temporary works for which there is a period of 6 months or less between each period of work conservation area clause 22 Conservation Board section 2(1) Crown-owned reserve clause 22 customary marine title area
a: section 9(1)
b: section 9 customary marine title group
a: a customary marine title group as defined in section 9(1)
b: a customary marine title hapū as defined in section 9 dam regulation 2(1) decision document section 87(1) deposit determination section 42(4)(a) or (b) diversion structure regulation 2(1) electricity infrastructure electricity lines fast-track approvals process subparts 2 3 Game Animal Council section 6 General land owned by Māori section 4 identified Māori land
a: Māori freehold land:
b: land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land within the meaning of section 7
c: the maunga listed in section 10
d: General land owned by Māori that was previously Māori freehold land, but ceased to have that status in accordance with—
i: an order of the Māori Land Court made on or after 1 July 1993; or
ii: Part 1 of the Maori Affairs Amendment Act 1967
e: land vested in the Māori Trustee that—
i: is constituted as a Māori reserve by or under the Maori Reserved Land Act 1955
ii: remains subject to that Act:
f: a reserve under the Reserves Act 1977
g: land owned by a Treaty settlement entity if the land was acquired—
i: as redress for the settlement of Treaty of Waitangi claims; or
ii: by the exercise of rights under a Treaty settlement:
h: other land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land iwi participation legislation land exchange clause 22 land exchange application section 33(1) listed project Schedule 2 Māori customary land section 4 Māori freehold land section 4 Māori incorporation section 4 Māori land section 4 mātaitai reserve Gazette Part 9 Minister New Zealand Conservation Authority section 2(1) New Zealand Fish and Game Council section 2(1) ngā hapū o Ngāti Porou section 10 ngā rohe moana o ngā hapū o Ngāti Porou section 11 owner
a: in relation to Māori freehold land, means,—
i: if the land is vested in 1 or more trustees, those trustees:
ii: if the land is vested in a Māori incorporation, that incorporation:
iii: if 1 or more agents have been appointed for the land under Part 10
iv: in any other case, the beneficial owners of the land:
b: in relation to land referred to in paragraph (b) of the definition of identified Māori land, means the entity or person who, under an Act referred to in that paragraph, acts for the natural feature panel Schedule 3 panel convener clause 1 post-settlement governance entity
a: means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the Treaty settlement of a claimant group,—
i: by that group; or
ii: by or under an enactment or order of a court; and
b: includes—
i: an entity established to represent a collective or combination of claimant groups; and
ii: an entity controlled by an entity referred to in paragraph (a); and
iii: an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a) pre-request aquaculture agreement section 186ZD priority project section 38 processing
a: advice or a report requested under section 51
b: a recommendation on an aquaculture decision requested under section 48
c: an aquaculture decision project
a: means,—
i: in relation to a listed project, the project as described in Schedule 2
ii: in relation to an unlisted project,—
A: the project as described in the referral application for the project or, if the referral application is yet to be lodged, as it will be described in the application; or
B: if the project has been referred, the project as described in the notice under section 28
b: includes any activity that is involved in, or that supports and is subsidiary to, a project referred to in paragraph (a) project area proposed approval section 13(2)(d) protected customary rights area
a: a protected customary rights area as defined in section 9(1)
b: an area in which a protected customary activity, as defined in section 9 protected customary rights group
a: a protected customary rights group as defined in section 9(1)
b: a protected customary activity hapū as defined in section 9 public conservation land
a: the land is held, managed, or administered under the Conservation Act 1987 National Parks Act 1980 Reserves Act 1977 Wildlife Act 1953
b: the land is listed in Schedule 4 quota management system section 2(1) referral application section 13 referred section 26 regulations section 116 relevant administering agency
a: in relation to a referral application, means an administering agency for a specified Act that relates to a proposed approval for the project:
b: in relation to a substantive application, means an administering agency for a specified Act that relates to an approval being sought in the substantive application relevant chief executive
a: in relation to an aquaculture decision, the chief executive as defined in section 2(1)
b: in relation to an approval described in section 42(4)(n) section 2(1) relevant local authority
a: means any local authority whose region or district the project area is in; and
b: if a proposed approval in the referral application or an approval sought in the substantive application is one described in section 42(4)(k) reservation section 42(4)(a) responsible agency specified Act
a: the Conservation Act 1987 Freshwater Fisheries Regulations 1983
b: the Crown Minerals Act 1991
c: the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
d: the Heritage New Zealand Pouhere Taonga Act 2014
e: the National Parks Act 1980
f: the Reserves Act 1977
g: the Resource Management Act 1991
h: the Wildlife Act 1953 standard freshwater fisheries activity
a: a culvert or ford that could impede but not permanently block fish passage:
b: weirs that comply with the conditions of regulation 72
c: works—
i: that require active disturbance to a water body, including diversions, in-stream operations, and removal of gravel, that does not persist for more than 3 months; or
ii: that are within 500 m of the coast and do not occur during the whitebaiting season; or
iii: that are in an area known to be used for trout, salmon, or native fish spawning and do not occur during the spawning season; or
iv: that require repeated disturbance to a water body and are temporary works for which there is a period of more than 6 months between each period of work substantive application section 42 taiāpure-local fishery Part 9 tangata whenua Part 9 section 2(1) Treaty settlement
a: a Treaty settlement Act; or
b: a Treaty settlement deed Treaty settlement Act
a: an Act listed in Schedule 3
b: any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
i: the Maori Commercial Aquaculture Claims Settlement Act 2004
ii: the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
iii: the Nga Wai o Maniapoto (Waipa River) Act 2012
iv: the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010
v: the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 section 10 Part 9 Treaty settlement deed
a: means a deed or other agreement that—
i: has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
ii: is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
b: to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
c: does not include an agreement in principle or any document that is preliminary to a signed and ratified deed Treaty settlement entity
a: a post-settlement governance entity:
b: a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under any Treaty settlement Act:
c: an entity or a person that is authorised by a Treaty settlement Act to act for a natural feature with legal personhood:
d: Te Ohu Kai Moana or a mandated iwi organisation (as those terms are defined in section 5(1)
e: an iwi aquaculture organisation (as defined in section 4 unlisted project Schedule 2 wildlife section 2(1)
2: Unless the context otherwise requires, terms used and not defined in this Act have the meanings given in—
a: the Resource Management Act 1991
b: the relevant specified Act, if they are not defined in the Resource Management Act 1991
3: A reference in a schedule of this Act to an application for a particular approval, when used in relation to a substantive application, means the part of the substantive application that relates to that approval.
5: Meaning of ineligible activity
1: In this Act, ineligible activity
a: an activity that—
i: would occur on identified Māori land; and
ii: has not been agreed to in writing by the owners of the land or been subject to a determination under section 23
b: an activity that—
i: would occur in a customary marine title area; and
ii: has not been agreed to in writing by the customary marine title group:
c: an activity that—
i: would occur in a protected customary rights area; and
ii: would have a more than minor adverse effect on the exercise of the protected customary right; and
iii: has not been agreed to in writing by the protected customary rights group:
d: an activity that would occur on either of the following classes of land:
i: Māori customary land:
ii: land set apart as a Māori reservation as defined in section 4
e: an aquaculture activity or an activity that is incompatible with aquaculture activities—
i: that would occur within an aquaculture settlement area declared under section 12
ii: for which the applicant who is proposed to hold an approval described in section 42(4)(a) Resource Management Act 1991
f: an activity—
i: that would require an access arrangement under section 61 61B
ii: that—
A: could not be granted an access arrangement because of section 61(1A)
B: would occur in an area for which a permit cannot be granted under that Act:
g: an activity that would be prevented under section 165J 165M 165Q 165ZC 165ZDB
h: an activity (other than an activity that would require an access arrangement under the Crown Minerals Act 1991
i: would occur on land that is listed in Schedule 4
ii: has not been subject to a determination under section 24
i: an activity that—
i: would occur on a national reserve held under the Reserves Act 1977
ii: requires approval under that Act; and
iii: has not been subject to a determination under section 24
j: an activity that—
i: would occur on a reserve held under the Reserves Act 1977
ii: has not been agreed to in writing by the person or persons in whom the reserve is vested:
k: an activity that—
i: would occur on a reserve held under the Reserves Act 1977
ii: has not been agreed to in writing by the person or persons responsible for managing it:
l: an activity that is—
i: a prohibited activity under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
ii: an activity that is described in section 15B
iii: an activity that is prohibited by section 15C
m: a decommissioning-related activity (which is an activity described in section 38(3)
n: an activity undertaken for the purposes of an offshore renewable energy project.
2: The agreement referred to in subsection (1)(a), (b), (j), or (k) is not required for an activity that is prospecting, exploration, mining, or mining operations of Crown-owned minerals undertaken below the surface of any land or area referred to in that subsection (the land
a: will not or is not likely to cause any damage to the surface of the land or any loss or damage to the owner or occupier of the land; and
b: will not or is not likely to have any prejudicial effect in respect of the use and enjoyment of the land by the owner or occupier of the land; and
c: will not or is not likely to have any prejudicial effect in respect of any possible future use of the surface of the land.
3: A person whose agreement is required under subsection (1)(j) or (k)—
a: must not unreasonably withhold their agreement; and
b: in deciding whether to give their agreement, must take into account the purpose of this Act and any relevant matters under the Reserves Act 1977
4: For the purposes of subsection (3)(b), if a provision of the Reserves Act 1977
5: The agreement referred to in subsection (1)(k) is not required if—
a: the reserve on which the activity is to occur is proposed to be the subject of a land exchange; and
b: the reserve is a Crown-owned reserve; and
c: the person or persons responsible for managing the reserve are not in place because of a Treaty settlement.
6: In subsection (2), exploration mining mining operations prospecting section 2(1) 1991 No 70 s 57 2020 No 35 s 18(3) 2023 No 46 Schedule 10 cl 15
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Obligation relating to Treaty settlements and recognised customary rights
1: All persons performing and exercising functions, powers, and duties under this Act must act in a manner that is consistent with—
a: the obligations arising under existing Treaty settlements; and
b: customary rights recognised under—
i: the Marine and Coastal Area (Takutai Moana) Act 2011
ii: the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
2: To avoid doubt, subsection (1) does not apply to a court or a person exercising a judicial power or performing a judicial function or duty.
3: In this section, existing Treaty settlements
8: Te Ture Whaimana
1: Te Ture Whaimana is intended by Parliament to be the primary direction-setting document for the Waikato and Waipā Rivers and activities within their catchments affecting the rivers ( see
2: Te Ture Whaimana—
a: prevails over any inconsistent provision in a national policy statement, New Zealand coastal policy statement, or national planning standard; and
b: in its entirety is deemed to be part of the Waikato regional policy statement; and any regional plan or district plan that affects the Waikato River or the Waipā River or activities within their catchments must give effect to Te Ture Whaimana.
3: In this section, Te Ture Whaimana
a: Schedule 2
b: Schedule 1
c: Schedule 1 2023 No 46 s 104
9: Act binds the Crown
This Act binds the Crown.
10: Procedural principles
1: Every person performing functions and duties and exercising powers under this Act must take all practicable steps to use timely, efficient, consistent, and cost-effective processes that are proportionate to the functions, duties, or powers being performed or exercised.
2: Without limiting subsection (1), that subsection—
a: includes a duty to act promptly in circumstances where no time limit has been set for the performance or exercise of a function, power, duty, or requirement under this Act:
b: applies to any chief executive of a department when they are providing any advice, report, or comment under this Act or supporting a Minister to do so.
3: A failure to comply with this section does not of itself invalidate the performance of a function or duty or the exercise of a power under this Act. 2020 No 35 s 10
2: Fast-track approvals process
1: Referral of project to fast-track approvals process
Steps before lodging referral application
11: Consultation requirements for referral application
1: Before lodging a referral application, the applicant must consult—
a: the relevant local authorities; and
b: any relevant iwi authorities, hapū, and Treaty settlement entities, including—
i: iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements; and
ii: the tangata whenua of any area within the project area that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws or regulations made under Part 9
c: any relevant applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011
d: ngā hapū o Ngāti Porou, if the project area is within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and
e: the relevant administering agencies; and
f: if the proposed approvals for the project are to include an approval described in section 42(4)(f)
2: If a referral application is to be lodged by more than 1 person, any 1 of those persons may comply with this section on behalf of all of them.
12: Notice of request to grant right of access for proposed access arrangement
1: This section applies if a proposed approval is an approval described in section 42(4)(l) or (m)
2: Before lodging the referral application, the applicant must comply with section 59(1) and (2)
3: If a referral application is to be lodged by more than 1 person, the person who is the proposed holder of the approval referred to in subsection (1) must comply with this section. Referral application
13: Referral application
General requirements
1: A person or persons may apply to use the fast-track approvals process for a project by lodging a referral application with the responsible agency.
2: The referral application—
a: must be lodged in the form and manner approved by the responsible agency; and
b: must be lodged jointly by all of the persons who are proposed to be authorised persons for the project; and
c: must include the information specified in subsection (4)
d: must specify all of the proposed approvals, but need only provide a general level of detail about each proposed approval, sufficient to inform the Minister's decision on the referral application; and
e: must not be lodged unless any fee, charge, or levy payable under regulations in respect of the application is paid.
3: For each proposed approval,—
a: the applicant must be eligible to apply for any corresponding approval under a specified Act; or
b: if the referral application is lodged by more than 1 person, the person who is to hold the proposed approval must be a person who would be eligible to apply for any corresponding approval under a specified Act. Information requirements
4: The information to be included in the referral application is as follows: Proposal and effects
a: a description of the project and the activities it involves:
b: an explanation of how the project meets the criteria in section 22
c: information to demonstrate that the project does not involve any ineligible activities (other than activities that may be the subject of a determination under section 23 24
d: a description or map of the whole project area that identifies its boundaries in sufficient detail to enable consideration of the referral application:
e: the anticipated commencement and completion dates for construction activities (where relevant):
f: a statement of whether the project is planned to proceed in stages and, if so,—
i: an outline of the nature and timing of the stages; and
ii: a statement of whether a separate substantive application is to be lodged for each of the stages; and
iii: an explanation of how each stage meets the criteria in section 22
g: a statement of whether a part of the project is proposed as an alternative project in itself and, if so,—
i: a description of that part of the project; and
ii: an explanation of how that part of the project meets the criteria in section 22
h: a description of the anticipated and known adverse effects of the project on the environment:
i: a statement of any activities involved in the project that are prohibited activities under the Resource Management Act 1991 Persons affected
j: a list of the persons and groups the applicant considers are likely to be affected by the project, including—
i: relevant local authorities:
ii: iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements:
iii: other relevant iwi authorities:
iv: relevant Treaty settlement entities:
v: relevant protected customary rights groups and customary marine title groups:
vi: ngā hapū o Ngāti Porou, if the project area is within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou:
vii: relevant applicant groups under the Marine and Coastal Area (Takutai Moana) Act 2011
viii: persons with a registered interest in land that may need to be acquired under the Public Works Act 1981
k: a summary of—
i: the consultation undertaken for the purposes of section 11
ii: how the consultation has informed the project:
l: a list of any Treaty settlements that apply to the project area, and a summary of the relevant principles and provisions in those settlements:
m: a description of any processes already undertaken under the Public Works Act 1981
n: a statement of any relevant principles or provisions in the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
o: information identifying the parcels of Māori land, marae, and identified wāhi tapu within the project area: Information relating to activity that may be subject of determination under section 23 or 24
p: a statement of whether the applicant is seeking a determination under section 23
q: a statement of whether the applicant is seeking a determination under section 24(2)
i: the scale and adverse effects of the existing electricity infrastructure; and
ii: how, if at all, that scale or those adverse effects are anticipated or known to change as a result of the maintenance, upgrading, or continued operation of the infrastructure:
r: a statement of whether the applicant is seeking a determination under section 24(4)
i: a description of every alternative site considered by the applicant (or, if the referral application is lodged by more than 1 person, any of those persons) for the construction and operation of the new electricity lines (the activity
ii: for each alternative site considered,—
A: a statement of the anticipated and known financial cost of undertaking the activity; and
B: a description of the anticipated and known adverse effects of undertaking the activity; and
C: a description of the anticipated and known financial cost and practicality of available measures to avoid, remedy, mitigate, offset, or compensate for the anticipated and known adverse effects of the activity; and
D: a description of any issues (including financial cost) that would make it impractical to undertake the activity on the site; and
E: an assessment of whether it would be reasonable and practical to undertake the activity on the site, taking into account the matters referred to in subsubparagraphs (A) to (D) and any other relevant matters: What is needed to complete project
s: a description of the applicant's legal interest (if any), or if the referral application is lodged by more than 1 person, the legal interest of any of those persons (if any), in the land on which the project will occur, including a statement of how that affects the applicant's ability to undertake the work:
t: an outline of the types of consents, certificates, designations, concessions, and other legal authorisations (other than contractual authorisations or the proposed approvals) that the applicant considers are needed to authorise the project, including any that the applicant considers may be needed by someone other than the applicant: Other matters
u: whether any activities that are involved in the project, or are substantially the same as those involved in the project, have been the subject of an application or a decision under a specified Act and,—
i: if an application has been made, details of the application:
ii: if a decision has been made, the outcome of the decision and the reasons for it:
v: a description of whether and how the project would be affected by climate change and natural hazards:
w: if the referral application is lodged by more than 1 person, a statement of each proposed approval to be held by each of those persons:
x: a summary of compliance or enforcement actions (if any), and the outcome of those actions, taken against the applicant (or if the referral application is lodged by more than 1 person, any of those persons) under a specified Act: Matters relating to specific proposed approvals
y: if the proposed approvals include—
i: an approval described in section 42(4)(a) or (d) clause 2
ii: an approval described in section 42(4)(b) clause 3
iii: an approval described in section 42(4)(c) clause 4
iv: an approval described in section 42(4)(e) clause 2
v: an approval described in section 42(4)(f) clause 23
vi: an approval described in section 42(4)(a) or (d) section 42(4)(j) clause 2
vii: an approval described in section 42(4)(k) clause 2
viii: an approval described in section 42(4)(l) or (m) clause 2
ix: an approval described in section 42(4)(n) clause 15 Other matters
5: The responsible agency must approve a form for referral applications and ensure that it is made available on an internet site that is administered by or on behalf of the responsible agency.
6: In subsection (4)(u), application 2020 No 35 s 20 2023 No 46 Schedule 10 cl 17(1)–(6)
14: Responsible agency decides whether referral application is complete and within scope
1: The responsible agency must decide whether a referral application complies with subsection (2) within 10 working days after receiving it.
2: A referral application complies with this subsection if—
a: the application complies with section 13
b: the responsible agency considers that the project—
i: may be capable of satisfying the criteria in section 22
ii: does not appear to involve an ineligible activity; and
c: any fee, charge, or levy payable under regulations in respect of the application is paid.
3: For the purposes of subsection (2)(b)(ii), an activity that could be the subject of a determination under section 23 24
4: If the responsible agency decides that the referral application complies with subsection (2), the responsible agency must provide the application to the Minister.
5: If the responsible agency decides that the referral application does not comply with that subsection, the responsible agency must immediately return the application to the applicant, with written reasons for returning it.
6: If a referral application is lodged again with the responsible agency after it has returned the application,—
a: that application must be treated as a new referral application; and
b: the time period specified in subsection (1) begins again for the responsible agency. 2023 No 46 Schedule 10 cl 17(7)–(10) Process after Minister receives referral application
15: Process after Minister receives referral application
If the Minister receives a referral application from the responsible agency under section 14
a: consider the application; and
b: comply with section 16
c: comply with sections 17 19 section 25
d: make a decision on the application in accordance with section 21
16: Effect of Treaty settlements and other obligations on decision making
1: This section applies if a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011 Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
a: the consideration of any document:
b: procedural requirements.
2: The Minister must, where relevant,—
a: give the document referred to in subsection (1)(a) the same or equivalent effect through the Minister's process and decision making as it would have under any relevant specified Act; and
b: comply with any applicable procedural requirements referred to in subsection (1)(b); and
c: in any notice under section 28
3: In this section, document
a: means any document, arrangement, or other matter; and
b: includes any statutory planning document amended as a result of the settlement, Act, arrangement, or agreement referred to in subsection (1).
17: Minister invites comments
1: The Minister must copy the application to, and invite written comments from,—
a: the relevant local authorities; and
b: the Minister for the Environment and other relevant portfolio Ministers; and
c: the relevant administering agencies; and
d: the Māori groups identified in the list provided to the Minister under subsection (2); and
e: the owners of Māori land in the project area.
2: Before the Minister invites comments under subsection (1), the responsible agency must provide the Minister with a list of the Māori groups referred to in section 18(2)
3: Without limiting subsection (1), a local authority must provide comments advising of—
a: any applications that have been lodged with the local authority that would be competing applications if a substantive application for the project were lodged; and
b: in relation to any proposed approval of the kind described in section 42(4)(a) section 30(3)(a)
4: Without limiting subsection (1)(b), if the project area includes land within a World Heritage Area, the Minister of Conservation is a relevant portfolio Minister under that subsection.
5: The Minister may also copy the application to, and invite written comments from, any other person.
6: Anyone who is invited to provide written comments under this section has 20 working days from the receipt of the copy of the application to do so.
7: The Minister—
a: must consider any comments received within that time frame:
b: is not required to consider any comments received after that time frame, but may do so, in the Minister's absolute discretion, as long as the Minister has not already made a decision under section 21
8: In this section,— World Heritage Area World Heritage Convention 2020 No 35 s 21 2023 No 46 Schedule 10 cl 18(1)–(4)
18: Report on Treaty settlements and other obligations
1: The Minister must, for a referral application, obtain and consider a report that is prepared by the responsible agency in accordance with this section.
2: The report must include the following matters:
a: any relevant iwi authorities and relevant Treaty settlement entities:
b: any Treaty settlements that relate to land, species of plants or animals, or other resources within the project area:
c: the relevant principles and provisions in those Treaty settlements, including those that relate to the composition of a decision-making body for the purposes of the Resource Management Act 1991
d: any recognised negotiation mandates for, or current negotiations for, Treaty settlements that relate to the project area:
e: any court orders or agreements that recognise protected customary rights or customary marine title within the project area:
f: any applicant groups under the Marine and Coastal Area (Takutai Moana) Act 2011
g: whether the project area would be within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou (and, if so, the relevant provisions of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
h: whether the project area includes any taiāpure-local fisheries, mātaitai reserves, or areas that are subject to bylaws or regulations made under Part 9
i: whether the project involves an activity that could be the subject of a determination under section 23
j: if the proposed approvals include an approval described in any of section 42(4)(a) to (d)
i: iwi authorities and groups that represent hapū that are parties to any relevant Mana Whakahono ā Rohe or joint management agreements; and
ii: the relevant principles and provisions in those Mana Whakahono ā Rohe and joint management agreements:
k: any other Māori groups with relevant interests:
l: a summary of—
i: comments received by the Minister after inviting comments from Māori groups under section 17(1)(d) and (e)
ii: any further information received by the Minister from those groups:
m: the responsible agency's advice on whether, due to any of the matters identified in this section, it may be more appropriate to deal with the matters that would be authorised by the proposed approvals under another Act or Acts.
3: In preparing the report required by this section, the responsible agency must—
a: consult relevant departments; and
b: provide a draft of the report to the Minister for Māori Development and the Minister for Māori Crown Relations: Te Arawhiti.
4: Those Ministers must respond to the responsible agency within 10 working days after receiving the draft report. 2020 No 35 s 17 2023 No 46 Schedule 10 cl 18(7)
19: Report in relation to use of public conservation land
1: If a project area includes public conservation land, the Minister must, for the referral application, obtain and consider a report that is prepared by the Director-General of Conservation in accordance with this section.
2: The report must set out—
a: the existing arrangements (whether formal or informal) for the administration, access to, or use of public conservation land within the project area; and
b: advice on the risks to, and potential liabilities of, the Crown that relate to any proposed approvals of the kind described in section 42(4)(e), (f), (l), or (m)
c: if the referral application was required to include information under paragraph (q) or (r) of section 13(4)
3: The report content required by subsection (2)(a) and (b) must be prepared by the Director-General of Conservation in consultation with every owner, administrator, or manager of the land who is not the Crown.
20: Minister may request information
1: The Minister may request further information about a referral application from the applicant (or, if the application is lodged by more than 1 person, any of those persons), the relevant local authorities, or the relevant administering agencies to be provided within the time frame specified in the request.
2: The Minister—
a: must consider any information received within that time frame:
b: is not required to consider any information received after that time frame, but may do so, in the Minister's absolute discretion, as long as the Minister has not already made a decision on the referral application under section 21
3: A request may be made at any time before a decision on the referral application is made under section 21 2020 No 35 s 22 2023 No 46 Schedule 10 cl 18(1)–(4) Decision on referral application
21: Minister's decision on referral application
Decision to accept referral application
1: The Minister may accept a referral application if the Minister is satisfied that,—
a: in the case of a staged project,—
i: the whole project meets the criteria in section 22
ii: each stage of the project would meet those criteria if considered as a stand-alone project:
b: in the case of a project for which part of the project has been proposed as an alternative,—
i: the whole project meets the criteria in section 22
ii: the part of the project that has been proposed as an alternative would meet those criteria if considered as a project in itself:
c: in any other case, the project meets the criteria in section 22
2: If the Minister accepts a referral application, they may refer the whole or a part of the project to the fast-track approvals process in accordance with section 26 Decision to decline referral application
3: The Minister must decline a referral application if—
a: the application may not be accepted under subsection (1); or
b: the Minister is satisfied that the project involves an ineligible activity; or
c: the Minister considers that they do not have adequate information to inform the decision under this section.
4: The Minister may decline a referral application for any other reason, whether or not the project meets the criteria in section 22
5: Reasons to decline a referral application under subsection (4) include, without limitation, the following:
a: the project would be inconsistent with any of the following:
i: a Treaty settlement:
ii: the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
iii: the Marine and Coastal Area (Takutai Moana) Act 2011
iv: a Mana Whakahono ā Rohe:
v: a joint management agreement:
b: it would be more appropriate to deal with the matters that would be authorised by the proposed approvals under another Act or Acts:
c: the project may have significant adverse effects on the environment:
d: the applicant (or, if the referral application is lodged by more than 1 person, any of those persons) has a poor compliance history under a specified Act that relates to any of the proposed approvals:
e: the project area includes land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes:
f: the project includes an activity that is a prohibited activity under the Resource Management Act 1991
g: a substantive application for the project would have 1 or more competing applications:
h: in relation to any proposed approval of the kind described in section 42(4)(a) section 30(3)(a)
6: The Minister may decline a referral application at any time permitted by section 25 Avoidance of doubt and definitions
7: To avoid doubt, the Minister is not prevented from accepting a referral application, or referring the whole or a part of a project to the fast-track approvals process, just because the project involves an activity that is a prohibited activity under the Resource Management Act 1991
8: In this section,— alternative section 13(4)(g) staged project section 13(4)(f)(ii) 2020 No 35 ss 23(1), (2), (5)–(7) 24(2)(a), (b) 2023 No 46 Schedule 10 cl 19
22: Criteria for assessing referral application
1: The criteria for accepting a referral application are that—
a: the project is an infrastructure or development project that would have significant regional or national benefits; and
b: referring the project to the fast-track approvals process—
i: would facilitate the project, including by enabling it to be processed in a more timely and cost-effective way than under normal processes; and
ii: is unlikely to materially affect the efficient operation of the fast-track approvals process.
2: For the purposes of subsection (1)(a), the Minister may consider—
a: whether the project—
i: has been identified as a priority project in a central government, local government, or sector plan or strategy (for example, in a general policy statement or spatial strategy), or a central government infrastructure priority list:
ii: will deliver new regionally or nationally significant infrastructure or enable the continued functioning of existing regionally or nationally significant infrastructure:
iii: will increase the supply of housing, address housing needs, or contribute to a well-functioning urban environment (within the meaning of policy 1 of the National Policy Statement on Urban Development 2020):
iv: will deliver significant economic benefits:
v: will support primary industries, including aquaculture:
vi: will support development of natural resources, including minerals and petroleum:
vii: will support climate change mitigation, including the reduction or removal of greenhouse gas emissions:
viii: will support climate change adaptation, reduce risks arising from natural hazards, or support recovery from events caused by natural hazards:
ix: will address significant environmental issues:
x: is consistent with local or regional planning documents, including spatial strategies:
b: any other matters the Minister considers relevant.
3: Subsection (4) applies if—
a: the proposed approvals for the project include an approval described in section 42(4)(f)
b: the land to be exchanged by the Crown is—
i: a Crown-owned reserve; and
ii: managed by someone other than the Department of Conservation.
4: For the purposes of subsection (1)(a), the Minister must consider the impact of the proposed land exchange on the person or persons responsible for managing the Crown-owned reserve.
5: Subsection (6) applies if the Minister considers there is likely to be competition for space in areas of New Zealand's continental shelf or exclusive economic zone between activity involved in the project proposed to be undertaken under an approval described in section 42(4)(k)
a: any activities to which the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: commercial fisheries activities.
6: For the purposes of subsection (1)(a), the Minister may compare the activity involved in the project against the current and other likely uses of the space, taking into account—
a: the economic benefits and strategic importance of the proposed project; and
b: the likely impact of the proposed project on current and proposed marine management regimes; and
c: the environmental impacts of the competing activities.
7: A project is considered to meet the criterion in subsection (1)(a) if the project is an aquaculture activity—
a: that is within an aquaculture settlement area declared under section 12
b: for which the applicant who is proposed to hold an approval described in section 42(4)(a) Resource Management Act 1991
8: Subsections (4) and (6) do not limit subsection (2)(b). 2020 No 35 s 18(2) Minister may determine that certain activities are not ineligible when making referral decision
23: Minister may determine that linear infrastructure on certain identified Māori land is not ineligible activity
1: In making a decision under section 21 section 5(1)(a)
a: is the construction of electricity lines or land transport infrastructure by (or to be operated by) a network utility operator that is a requiring authority; and
b: would occur on identified Māori land that is Māori freehold land or General land owned by Māori that was previously Māori freehold land.
2: Before making a determination, the Minister must take into account the effects of the activity on the land and on the rights and interests of Māori in that land.
3: The Minister may decline to make a determination—
a: if the Minister considers that the activity would have adverse effects on that land or those rights or interests; or
b: for any other reason.
4: In this section, land transport infrastructure
24: Minister may determine that electricity infrastructure on certain Schedule 4 land or in national reserve is not ineligible activity
1: In making a decision under section 21 section 5(1)(h) or (i) Existing electricity infrastructure
2: The Minister may make a determination under this subsection if—
a: the activity is the maintenance, upgrading, or continued operation of existing electricity infrastructure; and
b: the activity would occur on eligible land; and
c: the Minister is satisfied that the activity would not materially increase the scale or adverse effects of the existing electricity infrastructure.
3: For the purposes of subsection (2), eligible land
a: for an activity described in section 5(1)(h) Schedule 4
b: for an activity described in section 5(1)(i) Reserves Act 1977 New electricity lines
4: The Minister may make a determination under this subsection if—
a: the activity is the construction and operation of new electricity lines; and
b: the activity would occur on eligible land; and
c: the Minister is satisfied that it would not be practical or reasonable to undertake the activity on other land.
5: For the purposes of subsection (4), eligible land
a: for an activity described in section 5(1)(h) Schedule 4
i: land listed in item 1 of that schedule (national park) that is a specially protected area or wilderness area as those terms are defined in section 2
ii: land listed in item 2, 4, 5(a), 7, or 8 of that schedule (nature reserve, wilderness area, marine reserve, or Ramsar site):
b: for an activity described in section 5(1)(i) Reserves Act 1977 Minister may decline to make determination for any reason
6: The Minister may decline to make a determination under this section for any reason. Timing of decision to decline referral application
25: Timing of decision to decline referral application
1: A decision to decline a referral application may be made, in accordance with section 21
a: before or after comments on the application are invited under section 17(1)
b: before or after a report on the application is obtained under section 18 19
c: whether or not further information on the application is requested and provided under section 20
2: However, if a report has been obtained, or if comments or further information have been sought and provided within the required time frame, the Minister must consider those things, along with the referral application, before deciding to decline the application. 2020 No 35 s 23(2), (4) Steps if referral application accepted
26: Referral of project if referral application accepted
1: This section applies if the Minister accepts a referral application under section 21
2: The Minister may,—
a: if the application is accepted under section 21(1)(a) or (c)
b: if the application is accepted under section 21(1)(b)(i)
i: the whole project; or
ii: the part of the project that has been proposed as an alternative:
c: if the application is accepted under section 21(1)(b)(ii)
3: If the Minister refers a part of a project under subsection (2)(b)(ii) or (c) of this section, that part of the project constitutes the referred project.
27: Minister specifies matters for accepted referral application
1: This section applies if the Minister accepts a referral application and refers a project.
2: The Minister must specify the person or persons who lodged the referral application as the person who is, or the persons who are, authorised to lodge a substantive application for the project.
3: The Minister may specify any or all of the following:
a: restrictions that apply to the project (for example, on its geographical location, its duration, or the aspects of the project that may be carried out):
b: in relation to a substantive application for the project,—
i: a deadline for lodging the application, unless paragraph (c) applies:
ii: information that must be submitted with the application:
iii: the persons or groups from whom a panel must invite comments in addition to those specified in section 53
iv: whether the substantive application would have any competing applications:
v: whether, in relation to any proposed approval of the kind described in section 42(4)(a) section 30(3)(a)
c: if the proposed approvals for the project include an approval described in section 42(4)(f)
i: a deadline for lodging the land exchange application:
ii: information that must be submitted with the land exchange application:
iii: the persons and groups from whom the Director-General of Conservation must invite comments in addition to those specified in section 35 2020 No 35 s 24(2)(c)–(f) 2023 No 46 Schedule 10 cl 20
28: Notice of Minister's decision on referral application
1: The responsible agency must—
a: give written notice of decisions made by the Minister on a referral application and the associated project under sections 21 26
i: the applicant; and
ii: anyone invited to comment on the application; and
b: publish the notice on an internet site that is administered by or on behalf of the responsible agency and is publicly available as far as practicable and free of charge.
2: If the decisions are to accept the referral application and refer a project, the responsible agency must also give written notice to—
a: the panel convener; and
b: any iwi authorities or Treaty settlement entities (other than those that must be notified under subsection (1)(a)(ii)
c: the EPA; and
d: if a proposed approval would require an aquaculture decision under section 80
e: the relevant administering agencies.
3: If the decisions are to accept the referral application and refer a project, the notice must—
a: describe the application and state that it has been accepted; and
b: state the Minister's reasons for accepting the application, including which provision of section 21(1)
c: include a description of the project that incorporates any restrictions imposed on the project under section 27(3)(a)
d: specify the deadline for lodging the substantive application or, if the proposed approvals include an approval described in section 42(4)(f)
i: the deadline set by the Minister under section 27(3)(b)(i) or (c)(i)
ii: if no deadline is set, the date that is 2 years after the notice is given to the applicant; and
e: include any other matters specified by the Minister under section 27
f: include any direction under section 16(2)(c)
4: The Minister must provide all the information received by the Minister that relates to the matter to the EPA and to the panel convener, including—
a: the referral application; and
b: any comments received under section 17
c: the report obtained under section 18
d: if a report was obtained under section 19 2020 No 35 s 25 2023 No 46 Schedule 10 cl 21 Section 28(2)(b) editorial change 12 May 2025 sections 86(1) 87(l)(iii) Legislation Act 2019
2: Steps before lodging substantive application
Preliminary step for listed project
29: Pre-lodgement requirements for listed project
1: Before lodging a substantive application for a listed project, the authorised person for the project must—
a: consult the persons and groups referred to in section 11
b: if the substantive application seeks an approval described in section 42(4)(l) or (m) section 59(1) and (2)
2: If there is more than 1 authorised person for a listed project,—
a: any 1 of the authorised persons may comply with paragraph (a) of subsection (1) on behalf of all of them:
b: the authorised person who is the proposed holder of the approval referred to in paragraph (b) of subsection (1) must comply with that paragraph. Preliminary steps for application for resource consent
30: Identification of existing resource consent for same activity
1: This section applies if—
a: a substantive application for a listed project or a referred project is to seek an approval described in section 42(4)(a)
b: the authorised person for the project does not hold an existing resource consent for the same activity using some or all of the same natural resource.
2: Before lodging the substantive application, the authorised person must notify in writing each consent authority that has jurisdiction over an area where the approval would apply.
3: A consent authority that receives the notice must, by written notice, advise the authorised person—
a: of any existing resource consent to which section 124C(1)(c) 165ZI
b: that there are no existing resource consents of that kind.
4: If there is an existing resource consent of the kind referred to in subsection (3)(a), the consent authority must notify the holder of the existing resource consent in writing that—
a: the consent authority has received notice under this section; and
b: the holder of the existing resource consent may—
i: lodge an application for a resource consent under the Resource Management Act 1991 that is affected by section 124 165ZH
ii: if the existing resource consent relates to a listed project or referred project for which a substantive application has not been lodged, lodge a substantive application that seeks an approval described in section 42(4)(a)
5: The consent authority must notify the authorised person in writing if the holder of the existing resource consent—
a: notifies the consent authority in writing that they do not propose to lodge an application described in subsection (4)(b); or
b: does or does not lodge an application described in that subsection more than 3 months before the expiry of the existing resource consent.
6: The authorised person—
a: must not lodge the substantive application until they receive a notice under subsection (3)(b) or (5) from each consent authority or for each existing resource consent, as the case may be; and
b: if they wish to lodge a substantive application after receiving those notices, must do so within 3 months after the date of the earliest notice.
7: If there is more than 1 authorised person for a project,—
a: subsection (1)(b) is met if none of the authorised persons hold the resource consent referred to in that paragraph; and
b: any 1 of the authorised persons may comply with subsection (2) on behalf of all of them (and, if that occurs, each reference to an authorised person in subsections (3) and (5) must be read as a reference to that authorised person); and
c: the reference to the authorised person in subsection (6) must be read as a reference to every authorised person who would be required by section 42(2)(b)
31: Pre-request aquaculture agreement
1: This section applies if a substantive application for a listed project or a referred project is to seek an approval described in section 42(4)(a) section 48
2: If the authorised person for the project wishes to lodge a pre-request aquaculture agreement in relation to the area, they must lodge it with the relevant chief executive before lodging the substantive application.
3: Section 186ZM
a: as if the reference to the chief executive in section 186ZM(9)
b: with any other necessary modifications.
4: If there is more than 1 authorised person for a project, any 1 of the authorised persons may comply with subsection (2) on behalf of all of them. Preliminary steps for application for land exchange
32: Sections 33 to 36 apply to land exchange
Sections 33 36 section 42(4)(f)
33: Land exchange application lodged with Director-General of Conservation
1: Before lodging the substantive application, the authorised person for the project must lodge with the Director-General of Conservation
a: the information set out in clause 24
b: the information relevant to the land exchange that,—
i: in the case of a listed project, is required under section 43(2)
ii: in the case of an unlisted project, was contained in the referral application; and
c: any information specified by the Minister under section 27(3)(c)(ii)
2: The Director-General of Conservation must give written notice of the receipt of a land exchange application to the panel convener.
3: The information must not be lodged unless any fee, charge, or levy payable under regulations in respect of the land exchange application is paid.
4: If there is more than 1 authorised person for a project, any 1 of the authorised persons may comply with subsection (1) on behalf of all of them (and, if that occurs, each reference in sections 34 36 Section 33(1) editorial change 12 May 2025 sections 86(1) 87(l)(i) Legislation Act 2019
34: Director-General of Conservation decides whether application is complete and within scope
1: The Director-General of Conservation must decide whether subsection (2) is met within 15 working days after a land exchange application is lodged.
2: This subsection is met if—
a: the land exchange application—
i: complies with section 33(1)
ii: relates solely to a listed project or a referred project; and
iii: is made by the deadline specified in the notice under section 28(3)(d)
b: any fee, charge, or levy payable under regulations in respect of the land exchange application is paid.
3: If the Director-General of Conservation decides that subsection (2) is not met, the Director-General must return the information immediately to the applicant, with written reasons for the return.
4: If a land exchange application is lodged again after being returned by the Director-General of Conservation,—
a: the information must be treated as new information; and
b: the time period specified in subsection (1) begins again for the Director-General.
35: Director-General of Conservation’s report on land exchange
Director-General of Conservation invites comments for report
1: The Director-General of Conservation must, not later than 5 working days after deciding that section 34(2)
a: the persons and groups referred to in section 53(2)(a) to (l)
b: the persons listed in clause 25
c: any persons or groups specified by the Minister under section 27(3)(c)(iii)
d: any groups with recognised negotiation mandates for, or current negotiations for, Treaty settlements in the area of the proposed land exchange.
2: For the purposes of subsection (1), sections 53(3) 54 55
a: as if references in those sections to a panel or the EPA were references to the Director-General of Conservation; and
b: as if references in those sections to the area to which the substantive application relates were references to the area of the land exchange; and
c: with any other necessary modifications. Director-General of Conservation prepares report
3: The Director-General of Conservation must provide a report to the applicant that includes—
a: the matters specified in clause 26
b: in attachments,—
i: the information lodged under section 33(1)
ii: any comments received under subsection (1) or (5).
4: The report may, in relation to the proposed land exchange, also include advice on matters relevant to section 82 83 84
5: Before finalising the report, the Director-General of Conservation must invite written comments on the draft report from—
a: the applicant; and
b: every person or group that provided comments under subsection (1).
6: In inviting comments under subsection (5), the Director-General of Conservation must include a date by which comments on the report must be received by the Director-General.
7: The Director-General of Conservation must provide the report to the applicant within a time frame that is set by the panel convener after consulting the Director-General. Consideration of comments received under this section
8: The Director-General of Conservation—
a: is not required to consider comments under subsection (1) or (5) that the Director-General receives after the time frame for providing the comments; but
b: may, in the Director-General’s discretion, consider the comments as long as the report has not been finalised. Applicant may lodge substantive application after receiving report
9: The applicant must not lodge the substantive application for the project until they receive the report.
36: Withdrawal of land exchange application
At any time before the Director-General of Conservation provides a report under section 35
a: the EPA; and
b: the Director-General of Conservation; and
c: if the withdrawal occurs after persons or groups are invited to provide written comments under section 35 Preliminary step for application for mining permit
37: Mining permit information may be lodged with relevant chief executive
1: This section applies if a substantive application for a listed project or a referred project is to seek an approval described in section 42(4)(n)
2: Before lodging the substantive application, the authorised person may lodge with the relevant chief executive—
a: the information specified in clause 16(a) and (b)
b: the information relevant to the mining permit that,—
i: in the case of a listed project, is required under section 43(2)
ii: in the case of a referred project, was contained in the referral application.
3: The information must not be lodged unless any fee, charge, or levy payable under regulations in respect of lodging the information is paid.
4: If there is more than 1 authorised person for a project, any 1 of the authorised persons may lodge the information on behalf of all of them. Ministerial powers
38: Minister may determine that project is priority
1: Before a substantive application is lodged for a listed project or a referred project, the Minister may determine that the project is a priority project—
a: on application of the authorised person for the project; or
b: on the Minister's own initiative but with the written agreement of that authorised person.
2: The application must not be made unless any fee, charge, or levy payable under regulations in respect of the application is paid.
3: The Minister may make the determination if the Minister is satisfied that—
a: the project needs to be progressed urgently; and
b: there is a risk that, if a substantive application for the project is lodged, a panel may not be set up within a period that reflects the urgency of the project; and
c: there is no information before the Minister to indicate that the substantive application would have a competing application
4: The Minister must give written notice of a decision under this section, and the reasons for it, to—
a: the authorised person; and
b: the EPA; and
c: the panel convener; and
d: if the substantive application is to seek an approval described in section 42(4)(f)
5: If there is more than 1 authorised person for a project, any 1 of the authorised persons may, on behalf of all of them,—
a: make an application under subsection (1)(a); or
b: give the written agreement referred to in subsection (1)(b).
6: See section 50(2) Section 38(3)(c) editorial change 12 May 2025 sections 86(1) 87(l)(i) Legislation Act 2019
39: Minister may make determination under section 23 or 24
1: Before a substantive application is lodged for a listed project or a referred project, the Minister may determine under section 23 24
2: The Minister may make the determination only on receiving an application that—
a: is lodged with the responsible agency by the authorised person for the project; and
b: contains the information described in section 13(4)(p), (q), or (r)
3: The application for the Minister’s determination must not be lodged unless any fee, charge, or levy payable under regulations in respect of the application is paid.
4: The Minister must give written notice of their decision on the application, and the reasons for it, to—
a: the authorised person; and
b: the EPA; and
c: the panel convener; and
d: any iwi authorities or Treaty settlement entities (other than those that must be notified under paragraph (g)) that the Minister considers have an interest in the matter; and
e: the relevant administering agencies; and
f: if the determination is made under section 23
g: if the decision relates to a referred project, anyone invited to comment on its referral application.
5: The proposed substantive application must not be lodged until the authorised person receives notice of the Minister's decision.
6: If there is more than 1 authorised person for a project, any 1 of the authorised persons may lodge the application under subsection (2) on behalf of all of them.
7: For the purposes of subsection (1), sections 23 24
a: as if the words In making a decision under section 21 sections 23(1) 24(1)
b: with any other necessary modifications.
8: To avoid doubt, this section does not affect the Minister’s ability to make a determination under section 23 24 section 21
3: Panel consideration of substantive application
40: Process under this Act applies instead of process under specified Act
If a substantive application seeks an approval under this Act,—
a: the process under this Act for obtaining the approval (including any steps under subpart 2
b: the process under this Act for obtaining any aquaculture decision in connection with an approval described in section 42(4)(a) subpart 2 Fisheries Act 1996
41: Application of panel process to land exchange
Sections 53 55 Substantive application
42: Authorised person may lodge substantive application for approvals
1: The authorised person for a listed project or a referred project may lodge with the EPA—
a: 1 substantive application for the project; or
b: in the case of a referred project whose referral application was accepted under section 21(1)(a)
2: A substantive application must—
a: comply with section 43
b: if there is more than 1 authorised person for the project, be lodged jointly by every authorised person who is the proposed holder of an approval.
3: For each approval sought under subsection (4),—
a: the applicant must be eligible to apply for any corresponding approval under a specified Act; or
b: if the substantive application is lodged by more than 1 authorised person, the authorised person who is proposed to hold the approval sought under subsection (4) must be a person who would be eligible to apply for any corresponding approval under a specified Act.
4: A substantive application may seek 1 or more of the following matters (the approvals
a: a resource consent that would otherwise be applied for under the Resource Management Act 1991 see
b: a change or cancellation of a resource consent condition that would otherwise be applied for under the Resource Management Act 1991 see
c: a certificate of compliance that would otherwise be applied for under the Resource Management Act 1991 see
d: a designation or an alteration to an existing designation for which a notice of requirement would otherwise be lodged under the Resource Management Act 1991
e: a concession as defined in clause 1
f: a land exchange (but see
g: an amendment to or revocation of a conservation covenant as defined in clause 41
h: a wildlife approval as defined in clause 1
i: an archaeological authority described in section 44(a) or (b) see
j: an approval or a dispensation that would otherwise be applied for under regulation 42 43
k: a marine consent that would otherwise be applied for under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
l: an initial access arrangement or a variation to an existing access arrangement that would otherwise be applied for under section 61 see
m: an access arrangement that would otherwise be applied for under section 61B
n: a mining permit that would otherwise be applied for under section 23A see
5: A substantive application that seeks an approval described in subsection (4)(a)—
a: may seek that approval for an activity that is a prohibited activity under the Resource Management Act 1991
b: must, if section 30(6)
6: A substantive application may seek an approval described in subsection (4)(b) only if—
a: the substantive application also seeks an approval described in subsection (4)(a) or (d); and
b: the change or cancellation is material to the implementation or delivery of the project.
7: A substantive application may seek an approval described in subsection (4)(c) only if the substantive application also seeks an approval described in subsection (4)(a) or (d).
8: A substantive application that seeks an approval described in subsection (4)(f) must comply with section 35(9)
9: A substantive application that seeks an approval described in subsection (4)(i)—
a: may be made only if the application also seeks an approval described in subsection (4)(a) or (d):
b: may include an application under clause 7
10: A substantive application may seek an approval described in subsection (4)(l) if the applicant—
a: is the holder of an appropriate permit required by section 61
b: is also applying for the relevant approval under subsection (4)(n) as part of the substantive application.
11: A substantive application may seek an approval described in subsection (4)(n) only if—
a: the approval is sought for 1 or more deposits of 1 or more minerals; and
b: the applicant holds exploration permits or existing privileges that—
i: apply to those minerals; and
ii: have more than 3 months before they expire; and
c: the area of land for which the approval is sought is within, or the same as, the area of land to which those exploration permits or existing privileges apply; and
d: the application proposes that those exploration permits or existing privileges be surrendered in relation to the area of land over which the approval is sought; and
e: the proposed term of the approval is no more than 40 years; and
f: granting the approval would not be prevented by any of sections 25(6) and (7) 30(8)
12: If a substantive application is lodged by more than 1 authorised person, the applicant for the purposes of subsections (10) and (11) is the person who is proposed to hold the approval described in subsection (4)(l) or (n), as the case may be.
13: If the authorised person has applied under section 39 section 23 24 section 39(5)
43: Requirements for substantive application
1: A substantive application—
a: must be lodged in the form and manner approved by the EPA; and
b: must—
i: explain how the project to which the application relates is consistent with the purpose of this Act; or
ii: for a project referred under section 21(1)(a)
A: explain how both the stage to which the application relates and the whole project are consistent with the purpose of this Act; and
B: contain information relating to the likelihood that any later stages of the project will be completed; and
c: must demonstrate that the project does not involve any ineligible activities; and
d: must, if the application is lodged by more than 1 authorised person, state the proposed approval to be held by each person; and
e: must comply with—
i: any information requirements specified by the Minister under section 27(3)(b)(ii)
ii: the requirements listed in subsection (3) that apply to the approvals sought; and
f: must, if the authorised person has applied under section 39 section 23 24 section 39(4)
g: must, if the application seeks an approval for an activity that is the subject of a determination under section 23 section 5(1)(a)
h: must state whether the application relates to a priority project and, if so, include confirmation that, to the best of the applicant's knowledge, there are no competing applications; and
i: must be made by the deadline specified in the notice under section 28(3)(d)
j: must not lodge a substantive application unless any fee, charge, or levy payable under regulations in respect of the application is paid.
2: If a substantive application is for a listed project, it must also contain the information required by section 13(4) section 13(4)(b), (f)(ii) and (iii), and (g)
a: as if the reference in section 13(4)(k) section 11 section 29
b: as if the reference in clause 2 section 12(2) section 29
c: with any other necessary modifications.
3: The requirements referred to in subsection (1)(e)(ii) are those set out in,—
a: for an approval described in section 42(4)(a) clauses 5 to 9
b: for an approval described in section 42(4)(b) clause 10
c: for an approval described in section 42(4)(c) clause 11
d: for an approval described in section 42(4)(d) clause 12
e: for an approval described in section 42(4)(e) clause 3
f: for an approval described in section 42(4)(f) clause 27
g: for an approval described in section 42(4)(g) clause 42
h: for an approval described in section 42(4)(h) clause 2
i: for an approval described in section 42(4)(i) clause 2
j: for an approval described in section 42(4)(j) clause 3
k: for an approval described in section 42(4)(k) clauses 3
l: for an approval described in section 42(4)(l) or (m) clause 3
m: for an approval described in section 42(4)(n) clause 16
4: The EPA must approve an application form for the purposes of this section and ensure that it is made available on an internet site administered by or on behalf of the EPA. 2020 No 35 Schedule 6 cl 2(2), (5) 2023 No 46 Schedule 10 cl 22 Section 43(3)(a) editorial change 12 May 2025 sections 86(1) 87(l)(i) and (iii) Legislation Act 2019
44: Information must be specified in sufficient detail
Information required by section 43 1991 No 69 Schedule 4 cl 1
45: Withdrawal of substantive application
1: At any time before a panel makes its decisions under section 81
a: to the EPA; and
b: if the withdrawal occurs after a request is made under section 48
c: if the withdrawal occurs after persons or groups are invited to provide written comments under section 35 53
2: After receiving a notice under subsection (1)(a), the EPA must advise the panel that the substantive application has been withdrawn. 2020 No 35 Schedule 6 cl 5 2023 No 46 Schedule 10 cl 32 Steps by EPA after substantive application lodged
46: EPA decides whether substantive application is complete and within scope
1: The EPA must, in consultation with the relevant administering agencies and relevant consent authorities, decide whether a substantive application complies with subsection (2) within 15 working days after receiving it.
2: A substantive application complies with this subsection if—
a: the application complies with—
i: section 42
ii: sections 43 44
b: the application relates solely to a listed project or a referred project; and
c: the EPA considers that, on the face of the application, the project does not appear to involve an ineligible activity; and
d: any fee, charge, or levy payable under regulations in respect of the application is paid.
3: If the EPA decides that the substantive application complies with subsection (2), the EPA must—
a: give written notice of the decision to the applicant; and
b: provide the application to the panel convener.
4: If the EPA decides that the substantive application does not comply with subsection (2), it must return the application immediately to the applicant, with written reasons for returning the application.
5: If a substantive application is lodged again with the EPA after the EPA has returned the application,—
a: that application must be treated as a new substantive application; and
b: the time period specified in subsection (1) begins again for the EPA. 2020 No 35 Schedule 6 cls 3 4 2023 No 46 Schedule 10 cl 23
47: EPA makes recommendation on whether there are competing applications or existing resource consents for same activity
1: The EPA must, in consultation with the relevant administering agencies and relevant consent authorities, make a recommendation to the Minister on—
a: whether a substantive application has any competing applications; and
b: if a substantive application seeks an approval described in section 42(4)(a) section 30(3)(a)
2: The EPA must make a recommendation under subsection (1) within 10 working days after the EPA decides that the substantive application complies with section 46(2) Competing applications
3: After receiving a recommendation under subsection (1)(a), the Minister must decide whether the substantive application has a competing application.
4: If the Minister decides that the substantive application has a competing application, the Minister must give written notice of that decision to—
a: the consent authority or administering agency with which the competing application had been lodged; and
b: the applicant.
5: The Minister must be notified in writing by the following when a competing application has been determined and any rights of appeal that relate to that application have been exhausted or have expired:
a: the EPA, if the competing application was made under this Act:
b: the consent authority or administering agency referred to in subsection (4)(a), if the competing application was made under a specified Act.
6: The Minister may give notice under subsection (7) if the Minister—
a: considers that the substantive application has 1 or more competing applications and the Minister has received notice under subsection (5) for each of those competing applications; or
b: does not consider that the substantive application has any competing applications.
7: The EPA must not provide the substantive application to the panel convener before the Minister notifies the EPA in writing that a panel may be set up for the substantive application. Existing resource consents for same activity
8: After receiving a recommendation under subsection (1)(b), the Minister must decide whether there are any existing resource consents of the kind referred to in section 30(3)(a)
9: If the Minister decides that there are any existing resource consents of that kind, the EPA must return the application under section 46(4) section 46(5) Delegation by Minister to EPA
10: The Minister may, in writing, delegate to the EPA the Minister's functions, powers, and duties under this section.
11: A delegation under subsection (10)—
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
b: does not prevent the Minister from performing or exercising the functions, duties, or powers concerned.
12: If the Minister delegates to the EPA the power to make any or all decisions under subsection (3) or (8), the EPA must make those decisions within the 10-working-day time frame that applies under subsection (2) rather than making recommendations under subsection (1).
48: EPA requests recommendation in relation to aquaculture activities
1: This section applies if—
a: a substantive application seeks an approval described in section 42(4)(a) or (b)
b: for an approval described in section 42(4)(a)
i: the authorised person who is proposed to hold the approval does not hold a coastal permit under the Resource Management Act 1991
ii: that authorised person does hold a coastal permit of that kind but it has conditions specified under section 186H(3)
c: for an approval described in section 42(4)(b) section 186H(3)
2: When the EPA provides the substantive application to the panel convener, the EPA must request that the relevant chief executive make a recommendation, in accordance with clauses 14 16 section 80
3: If the EPA sends 2 or more requests to the relevant chief executive at the same time, the EPA must indicate to the relevant chief executive the time at which the respective applications were received.
4: The EPA, at the direction of the panel that considers the substantive application, must notify the relevant chief executive of the date on which the panel intends to invite comments under section 53 clause 14
49: EPA obtains section 18 report for listed project
1: This section applies to a substantive application that relates to a listed project.
2: When the EPA provides the substantive application to the panel convener, the EPA must request a report from the responsible agency that is prepared in accordance with section 18(2) and (3)(a) section 18(2)(l) and (m)
3: The responsible agency must provide the report within 10 working days after receiving the request. Steps by panel convener after receiving substantive application from EPA
50: Panel convener sets up panel
1: The panel convener must set up a panel in accordance with Schedule 3
2: If a substantive application relates to a priority project, the panel convener must set up a panel for that application before setting up a panel for any substantive application that does not relate to a priority project.
51: Panel convener obtains other advice and reports
1: After receiving a substantive application from the EPA, the panel convener must direct the EPA to obtain—
a: any advice from the relevant administering agencies that the panel convener considers will be necessary for the panel to consider, and make decisions on, the approvals sought in the application; and
b: any reports referred to in subsection (2).
2: The reports are as follows:
a: if the substantive application seeks an approval described in section 42(4)(e) clause 4
b: if the substantive application seeks an approval described in section 42(4)(g) clause 43
c: if the substantive application seeks an approval described in section 42(4)(h) clause 3
d: if the substantive application seeks an approval described in section 42(4)(i) clause 3
e: if the substantive application seeks an approval described in section 42(4)(j) clause 4
f: if the substantive application seeks an approval described in section 42(4)(l) or (m) clause 4
g: if the substantive application seeks an approval described in section 42(4)(n) clause 17
3: A report may, in relation to the relevant approval, include advice on—
a: matters relevant to section 82 83 84
b: whether any of the activities that would be authorised by the approval are ineligible activities.
4: Advice or a report requested under subsection (1) must be provided to the EPA—
a: within 10 working days after the panel invites comments under section 53
b: in the case of a report referred to in subsection (2)(g), within a longer time frame set by the panel convener.
5: The EPA—
a: must provide electronic copies of the advice or report to—
i: the panel; and
ii: the applicant; and
iii: every person or group that provides comments under section 35 53
b: in complying with paragraph (a)(ii) and (iii), may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982
6: The persons and groups that receive advice or a report under subsection (5)(a)(iii) may not make any further comments unless requested by the panel.
52: Panel convener provides information to panel
After setting up a panel for a substantive application, the panel convener must provide to the panel—
a: the substantive application; and
b: the report obtained under section 18
c: if a report was obtained under section 19
d: any other information received by the panel convener under section 28(4)
e: the notice given under section 28 Opportunity for comment on substantive application
53: Panel invites comments on substantive application
1: A panel must direct the EPA to, in accordance with this section, invite written comments on a substantive application not later than 10 working days after the panel is set up.
2: Comments must be invited from—
a: the relevant local authorities; and
b: any relevant iwi authorities; and
c: any relevant Treaty settlement entities, including, to avoid doubt,—
i: an entity that has an interest under a Treaty settlement within the area to which the substantive application relates; and
ii: an entity operating in a collective arrangement, provided for under a Treaty settlement, that relates to that area; and
d: any protected customary rights groups and customary marine title groups whose protected customary rights area or customary marine title is within the area to which the substantive application relates; and
e: any applicant group under the Marine and Coastal Area (Takutai Moana) Act 2011 section 18 49
f: ngā hapū o Ngāti Porou if the area to which the substantive application relates is within or adjacent to, or the activities to which it relates would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and
g: the tangata whenua of any area within the area to which the substantive application relates that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws or regulations made under Part 9
h: the owners of the land to which the substantive application relates and the land adjacent to that land; and
i: the occupiers of the land to which the substantive application relates and the land adjacent to that land unless, after reasonable inquiry, an occupier cannot be identified; and
j: the Minister for the Environment and other relevant portfolio Ministers; and
k: relevant administering agencies; and
l: any requiring authority that has a designation on land to which the substantive application relates or on land adjacent to that land; and
m: if the approvals sought in the substantive application include—
i: an approval described in section 42(4)(a) or (d) clause 13
ii: an approval described in section 42(4)(e) clause 5
iii: an approval described in section 42(4)(g) clause 44
iv: an approval described in section 42(4)(h) clause 4
v: an approval described in section 42(4)(k) clause 5
vi: an approval described in section 42(4)(l) or (m) clause 5
vii: an approval described in section 42(4)(n) clause 18
n: any persons or groups specified by the Minister under section 27(3)(b)(iii)
3: Comments may be invited from any other person the panel considers appropriate. 2020 No 35 Schedule 6 cl 17 2023 No 46 Schedule 10 cl 26
54: General provisions relating to invitations given under section 53
1: The EPA must, at the panel's direction, specify in its invitation for comments under section 53
2: The invitation must include notice of the substantive application, with details as to how to access the application.
3: An iwi authority invited to provide comments under section 53
a: share the substantive application for the approval with hapū whose rohe is in the area to which the substantive application relates; and
b: choose to include comments from that hapū with the comments provided to the panel by the iwi authority.
4: There is no right for any person to seek a waiver of the time limit for written comments to be received by the EPA. 2020 No 35 Schedule 6 cl 18(1)–(3) 2023 No 46 Schedule 10 cl 27(1)
55: Response to comments provided under section 53
1: The EPA must forward copies of any comments received under section 53
2: The applicant may provide the EPA with a response to the comments not later than 5 working days after the date specified under section 54(1) 2020 No 35 Schedule 6 cl 19 Hearing of panel
56: Hearing not required
There is no requirement for a panel to hold a hearing in respect of a substantive application and no person has a right to be heard by a panel. 2020 No 35 Schedule 6 cl 20 2023 No 46 Schedule 10 cl 28(2)
57: Procedure if hearing is held
Who may appear and be heard
1: If, in its discretion, a panel considers it is appropriate to hold a hearing on a substantive application (or any part of a substantive application), it may hear from—
a: the applicant (or, if the substantive application is lodged by more than 1 authorised person, any of those persons); and
b: any person commissioned by the panel to write a report on the substantive application; and
c: any person or group that provided comments under section 35 53
2: If a person or group that provided comments is heard, a panel must give the applicant the opportunity to be heard. Notices and timing requirements
3: If a panel decides to hold a hearing, the EPA, at the direction of the panel, must issue a notice of hearing to persons and groups referred to in subsection (1)
4: The notice must give no less than 5 working days' notice of the hearing, and must advise the persons and groups notified—
a: that they may appear and be heard, be represented, and call evidence in relation to the substantive application (or the part of the substantive application for which a hearing is held); and
b: that they must, within 3 working days after the notice of hearing is given, advise the EPA whether they will attend the hearing.
5: If a person or group advises the EPA under subsection (4)(b) that they will attend a hearing but fails to appear, the panel may proceed with the hearing.
6: A panel must complete any hearing within the time frame allowed under section 79 section 88 Application of Local Government Official Information and Meetings Act 1987
7: For the purposes of this section and sections 58 59 Part 1 sections 48 53 section 149J 2020 No 35 Schedule 6 cl 21(1)–(6)
58: Other provisions about conduct of hearing
1: If a hearing is held, a panel must—
a: avoid unnecessary formality; and
b: recognise tikanga Māori where appropriate; and
c: receive evidence, written or spoken, in te reo Māori (and Te Ture mō Te Reo Māori 2016/the Māori Language Act 2016
d: not permit any person other than the chairperson or members of a panel to question a party or witness; but
e: if the chairperson of a panel gives leave, permit cross-examination.
2: Section 4
3: A panel may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectively with an application for an approval, whether or not it would be admissible in a court of law.
4: A panel may, in its discretion, make an order that prohibits or restricts the publication or other means of communication of information supplied to the panel or obtained by it in the course of a hearing.
5: Subsection (4) applies whether or not the information is material to determining whether to grant an approval sought in a substantive application if there would be good reason to withhold the information under section 6 7
6: A panel may, if it considers that there is likely to be excessive repetition, limit the circumstances in which persons with the same interests may speak or call evidence. 2020 No 35 Schedule 6 cl 21(7)–(12)
59: Remote access hearing
1: A panel may direct that a hearing or part of a hearing be held using 1 or more remote access facilities—
a: on the initiative of the panel; or
b: at the request of the applicant; or
c: at the request of a person, or a representative of a group of persons, referred to in section 57(1)
2: If a hearing is held using a remote access facility, a panel must,—
a: if it is reasonably practicable to do so, enable access to the hearing by making it available live and free of charge to the public, for example, on an internet site; or
b: after the hearing closes, make available, in accordance with subsection (3),—
i: an audio or a video recording of the hearing; or
ii: a written transcript of the hearing.
3: A recording or transcript that is made available under subsection (2)(b) must be published on an internet site that is administered by or on behalf of the EPA and is publicly available as far as practicable and free of charge.
4: Subsection (2) is subject to section 48 2020 No 35 Schedule 6 cl 21(13)–(15) Suspension of processing substantive application
60: When processing of substantive application may be suspended
1: Processing of a substantive application may be suspended in the following circumstances:
a: by direction of the EPA under section 61
b: by direction of the Minister under section 62
c: at the discretion of the panel following a request under section 64
d: if the EPA commissions advice under section 68(2)(b)
2: Any time frame under this Act that relates to the processing of a substantive application excludes any period during which processing of the application is suspended. 2020 No 35 Schedule 6 cl 6(1)
61: EPA may direct suspension in processing substantive application
1: If the applicant has not paid the costs recoverable by the EPA, the EPA may suspend the processing of the application and must give notice of the suspension to—
a: the panel; and
b: the relevant local authorities; and
c: the applicant; and
d: if advice or a report has been requested from a person under section 51
e: if a recommendation has been requested from the relevant chief executive under section 48
f: if persons or groups have been invited to provide comments under section 35 53
2: If the applicant subsequently pays the costs recoverable by the EPA, the EPA must resume processing the substantive application and must give notice of the resumption to the persons notified of the suspension.
3: The panel and a person referred to in subsection (1)(d) or (e) must—
a: suspend processing of the substantive application if they receive a notice under subsection (1); and
b: resume processing of the application if they receive a notice under subsection (2). 2020 No 35 Schedule 6 cl 6(2)–(3)
62: Minister may direct suspension in processing substantive application
1: The Minister may, at any time after a substantive application has been provided to a panel, give a written direction, with reasons, to the EPA that processing of the application be suspended.
2: The Minister may give a direction under subsection (1) if the Minister considers that—
a: different or further approvals are required in respect of the project; and
b: those approvals relate to the same specified Act as an approval that is sought in the substantive application; and
c: the nature of the project would be better understood if the substantive application were amended to seek those approvals before the panel proceeds further.
3: If the EPA receives a direction from the Minister under subsection (1), the EPA must, within 5 working days after receiving the direction, give notice of the direction to—
a: the panel; and
b: the relevant local authorities; and
c: the applicant; and
d: if advice or a report has been requested from a person under section 51
e: if a recommendation has been requested from the relevant chief executive under section 48
f: if persons or groups have been invited to provide comments under section 35 53
4: A notice under subsection (3) must include a copy of the direction and reasons received from the Minister by the EPA.
5: The panel and a person referred to in subsection (3)(d) or (e) must suspend processing of the substantive application if they receive a notice under subsection (3). 2020 No 35 Schedule 6 cl 22(1)–(3), (5)
63: Resumption in processing substantive application following suspension under section 62
1: The Minister may, at any time, by notice in writing with reasons, withdraw the direction given to the EPA under section 62
2: Subsection (3) applies if the Minister's direction is withdrawn before the substantive application is amended to seek the different or further approvals referred to in section 62(2)
3: If this subsection applies, the panel and any person notified under section 62(3)(d) or (e)
4: Subsection (5) applies if a substantive application is amended to seek the further or different approvals referred to in section 62(2)
5: If this subsection applies, the panel and any person notified under section 62(3)(d) or (e)
a: process the parts of the amended substantive application that relate to the further or different approvals as if they were a new substantive application (except for the purposes of section 81
b: resume processing the parts of the amended substantive application that relate to the approvals originally sought but, in doing so, observe the time frames set out in this Act that apply to the parts of the application described in paragraph (a). 2020 No 35 Schedule 6 cl 22(4), (6)–(9)
64: Applicant may request suspension of processing substantive application
1: An applicant may make a written request to the EPA that processing of their substantive application be suspended.
2: A request may be made only in the period between—
a: the time when the EPA provides the substantive application to the panel convener under section 46
b: the time when a panel makes its decisions under section 81
3: A panel may, at its discretion, suspend the processing of a substantive application when a request is made under subsection (1).
4: If a panel grants a suspension, the EPA must give notice of the date on which the panel suspended processing of the application to—
a: the applicant; and
b: if advice or a report has been requested from a person under section 51
c: if a recommendation has been requested from the relevant chief executive under section 48
d: if persons or groups have been invited to provide comments under section 35 53
5: A person who receives a notice under subsection (4)(b) or (c) must suspend processing of the substantive application. 2020 No 35 Schedule 6 cl 23(1)–(5)
65: Resumption in processing of substantive application following suspension under section 64
1: An applicant granted a suspension under section 64(3)
2: If a request is made under subsection (1), the panel must resume processing the substantive application.
3: The panel may decide under section 66(2)(b)
4: If a panel resumes processing a substantive application under subsection (2) or (3), the EPA must give written notice of that fact, specifying the date on which the panel resumed processing, to the persons or groups notified of the suspension under section 64(4)
5: A person referred to in section 64(4)(b) or (c) 2020 No 35 Schedule 6 cl 23(6)–(9)
66: Return of substantive application
1: This section applies if 50 working days have elapsed since the processing of a substantive application was suspended under section 64(3)
2: A panel must decide whether to—
a: return the substantive application to the applicant; or
b: resume processing the application.
3: The decision of a panel under this section must be notified in writing to—
a: the persons or groups notified under section 64(4)
b: the relevant administering agencies.
4: If a panel decides to return the substantive application, it must be returned together with written reasons for its return.
5: If a substantive application that has been returned is lodged again with the EPA, the application must be treated as a new application.
6: If a substantive application is suspended more than once, the total number of working days during which processing is suspended must not be more than 50. 2020 No 35 Schedule 6 cl 24 Further information, etc
67: Panel may request further information or report
1: At any time before a panel makes its decisions under section 81
a: to request further information in relation to the application from any or all of the following:
i: the applicant (or, if the application is lodged by more than 1 authorised person, any of those persons):
ii: a relevant local authority:
iii: a relevant administering agency:
iv: any person or group invited to provide comments under section 35 53
b: to prepare or commission a report (including a report from a relevant local authority) on an issue relevant to the application.
2: If further information is requested under subsection (1)(a), the person or body requested to provide the information must—
a: provide electronic copies of the information or report requested; or
b: advise the EPA, with reasons, that it declines to provide the information or report requested.
3: Subsection (2) must be complied with by the date directed by the panel, which must not be later than 10 working days after the direction is given.
4: The EPA must provide electronic copies of any information or report it receives under this section to—
a: the panel; and
b: the applicant; and
c: every person or group that provides comments under section 35 53
5: The persons who, or groups that, receive the information or report under subsection (4)(c) may not make further comments unless requested by the panel.
6: If information requested under subsection (1) is not received by the panel in accordance with subsections (2) and (3), the panel must proceed as if the request for further information had been declined. 2020 No 35 Schedule 6 cl 25 2023 No 46 Schedule 10 cl 30
68: Panel may request or commission advice on concession, land exchange, or access arrangement
1: This section applies if a substantive application seeks an approval described in section 42(4)(e), (f), (l), or (m) Request for, or commissioning of, advice
2: At any time before a panel makes its decisions under section 81
a: request advice from the Director-General of Conservation or the chief executive of Land Information New Zealand, as relevant, on any issue relating to an approval referred to in subsection (1) that the panel considers relevant:
b: commission advice on any risks to, or potential liabilities of, the Crown in relation to an approval referred to in subsection (1).
3: The EPA—
a: must provide electronic copies of any advice it receives under this section to—
i: the panel; and
ii: the applicant; and
iii: every person or group that provides comments under section 35 53
b: in complying with paragraph (a)(ii) and (iii), may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 Suspension of processing if advice commissioned
4: If the EPA commissions advice under subsection (2)(b),—
a: processing of the substantive application is suspended until the EPA receives the advice; and
b: the EPA must give notice of the suspension and resumption of the processing to—
i: the panel; and
ii: the relevant local authorities; and
iii: the applicant; and
iv: if advice or a report has been requested from a person under section 51
v: if a recommendation has been requested from the relevant chief executive under section 48
vi: if persons or groups have been invited to provide comments under section 35 53
5: The panel and a person referred to in subsection (4)(b)(iv) or (v) must—
a: suspend processing of the substantive application if they receive notice of the suspension; and
b: resume processing of the substantive application if they receive notice of the resumption.
6: This section does not limit section 67 Draft decisions on approvals
69: Panel provides draft decisions to applicant before declining approval
1: This section applies if a panel—
a: proposes to decline an approval under section 81
b: has not previously invited the applicant to make a proposal under subsection (2)(b).
2: The panel must direct the EPA to—
a: provide the applicant with a copy of its draft decision document for every approval sought in the substantive application; and
b: invite the applicant to—
i: propose conditions on, or modifications to, any of the approvals sought; or
ii: withdraw the part of the substantive application that seeks any of the approvals sought.
3: A proposal under subsection (2)(b) must—
a: be for the purpose of addressing the reasons for which the approval referred to in subsection (1) is proposed to be declined; and
b: be within the scope of the substantive application.
4: An invitation for a proposal under subsection (2)(b) must include the date set by the panel by which the proposal must be received by the EPA.
70: Panel seeks comment on draft conditions before granting approval
1: Before a panel decides to grant an approval under section 81
a: the applicant; and
b: every person or group that provided comments under section 35 53
c: any local authority or other body with a statutory responsibility to enforce or monitor compliance with the conditions.
2: In providing the draft conditions and invitation to comment under subsection (1), the EPA—
a: must include the date set by the panel by which comments on the draft conditions must be received by the EPA; and
b: must include a copy of the panel's draft decision document for each approval; and
c: may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982
3: The EPA must provide electronic copies of comments received under subsection (1) to—
a: the panel; and
b: the applicant; and
c: every person or group that provided comments under section 35 53
4: The applicant may provide the EPA with a response to the comments not later than 5 working days after the date specified under subsection (2)(a). 2020 No 35 Schedule 6 cl 36
71: Panel provides draft conditions relating to aquaculture activities for recommendation
1: This section applies if an aquaculture decision is required under section 80
2: A panel must direct the EPA to provide a copy of its draft conditions to the relevant chief executive for the purposes of clause 15 section 70(1)
72: Panel seeks comments from Minister for Māori Crown Relations: Te Arawhiti and Minister for Māori Development
1: Before a panel decides to grant or decline an approval under section 81
2: Those Ministers must be allowed 10 working days to comment on the draft decision, including any assessment made by the panel in relation to a relevant Treaty settlement and any draft conditions related to that assessment.
3: The EPA must provide any comments received under subsection (1) to the panel. Role of appropriate Minister in relation to concessions, land exchanges, and access arrangements
73: Sections
74 to 78 Sections 74 to 78 section 42(4)(e), (f), (l), or (m) Section 73 heading editorial change 12 May 2025 sections 86(1) 87(l)(iii) Legislation Act 2019 Section 73 editorial change 12 May 2025 sections 86(1) 87(l)(iii) Legislation Act 2019
74: Appropriate Minister may call in decision
1: At any time before a panel makes a decision under section 81 section 73
2: The appropriate Minister may call in—
a: a decision on an approval described in section 42(4)(e) clause 6
b: a decision on an approval described in section 42(4)(f) clause 28
c: a decision on an approval described in section 42(4)(l) or (m) clause 6
75: Panel may transfer decision to appropriate Minister
1: At any time before a panel makes a decision under section 81 section 73
2: The panel may transfer the decision if the panel—
a: is not satisfied that the panel has adequate information to assess the risks to the Crown arising from any decision by the panel to grant the approval:
b: is not satisfied that any decision by the panel to grant the approval could adequately mitigate the potential liabilities of the Crown arising from that decision.
76: Process if decision is called in by, or transferred to, appropriate Minister
1: This section applies if a decision is called in under section 74 section 75
2: A panel must,—
a: in accordance with this subpart, process the substantive application to which the decision relates; but
b: instead of making the decision under section 81 section 87 section 81
3: After receiving notice of the panel's recommendation under section 88 section 81
4: Before making the decision under subsection (3), the appropriate Minister must—
a: comply with sections 69 72
b: comply with sections 70 72
5: For the purpose of making the decision under subsection (3), the appropriate Minister may request further information or advice from—
a: the panel:
b: the applicant (or, if the substantive application is lodged by more than 1 authorised person, any of those persons):
c: a relevant local authority:
d: a relevant administering agency:
e: any person or group invited to provide comments under section 35 53
6: For the purposes of subsections (3) and (4), sections 69 70 72 81 89 99 100 Schedules 6 11
a: a reference in those sections and schedules to a panel were a reference to the appropriate Minister; and
b: section 81(2)(a)
77: Panel informs appropriate Minister of proposed decision
Before a panel makes a decision under section 81 section 73
a: of the decision that the panel proposes to make on the approval; and
b: that the appropriate Minister may call in the decision under section 74
78: Appropriate Minister may specify standard conditions
1: For the purposes of clauses 9 33 clause 10 section 73
2: A condition specified under subsection (1) must be one that the appropriate Minister considers is appropriate in order to manage risks to, and potential liabilities of, the Crown arising from the granting of an approval of that kind. Panel decisions
79: Timing of panel decisions
1: A panel must issue its decision documents under section 88
a: a time frame set by the panel convener in accordance with subsection (2); or
b: if no time frame is set, within 30 working days after the date specified for receiving comments under section 53
2: A time frame set by the panel convener for the purposes of subsection (1)(a) must—
a: be set at or before the time the panel convener complies with section 52
b: be a time frame that the panel convener considers is appropriate, having regard to the scale, nature, and complexity of the approvals sought in, and any other matters raised by, the substantive application; and
c: be set after consulting the relevant administering agencies; and
d: be notified to the applicant. 2020 No 35 Schedule 6 cl 37(2)
80: Aquaculture decision required for certain coastal permits
1: This section applies if the EPA requests the relevant chief executive to make a recommendation on an aquaculture decision under section 48
2: A panel must make an aquaculture decision in accordance with clause 20 section 81 section 42(4)(a) or (b)
3: The EPA—
a: must provide electronic copies of an aquaculture decision to—
i: the relevant consent authority; and
ii: the persons and organisations who supplied information to the relevant chief executive; and
iii: the persons and organisations consulted by the relevant chief executive; and
b: in complying with paragraph (a), may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982
81: Decisions on approvals sought in substantive application
1: A panel must, for each approval sought in a substantive application, decide whether to—
a: grant the approval and set any conditions to be imposed on the approval; or
b: decline the approval.
2: For the purpose of making the decision, the panel—
a: must consider the substantive application and any advice, report, comment, or other information received by the panel under section 51 52 53 55 58 67 68 69 70 72 90
b: must apply the applicable clauses set out in subsection (3) ( see
c: must comply with section 82
d: must comply with section 83
e: may impose conditions under section 84
f: may decline the approval only in accordance with section 85
3: For the purposes of subsection (2)(b), the clauses are as follows:
a: for an approval described in section 42(4)(a) clauses 17 22
b: for an approval described in section 42(4)(b) section 186H(3) clauses 20 22
c: for any other approval described in section 42(4)(b) clause 23
d: for an approval described in section 42(4)(c) clause 27
e: for an approval described in section 42(4)(d) clauses 24 25
f: for an approval described in section 42(4)(e) clauses 7 9
g: for an approval described in section 42(4)(f) clauses 29 33
h: for an approval described in section 42(4)(g) clauses 45 46
i: for an approval described in section 42(4)(h) clauses 5 6
j: for an approval described in section 42(4)(i) clauses 4 5
k: for an approval described in section 42(4)(j) clauses 5 6
l: for an approval described in section 42(4)(k) clauses 6 7
m: for an approval described in section 42(4)(l) clauses 7 9 10
n: for an approval described in section 42(4)(m) clauses 8 9 10
o: for an approval described in section 42(4)(n) clauses 19 21
4: When taking the purpose of this Act into account under a clause referred to in subsection (3), the panel must consider the extent of the project's regional or national benefits.
5: For the purposes of subsection (4), if the substantive application was made under section 42(1)(b)
a: must treat the stage of the project to which the application relates as constituting the project; but
b: may consider the regional or national benefits of the whole project, having regard to the likelihood that any later stages of the project will be completed.
6: Despite subsection (2)(a), the panel—
a: is not required to consider any advice, report, comment, or other information it receives under section 51 53 55 67 69 70 72
b: may, in its discretion, consider the information as long as the panel has not made its decision under this section on the approval.
7: To avoid doubt, nothing in this section or section 82 85 section 7
82: Effect of Treaty settlements and other obligations on decision making
1: This section applies if a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011 Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
2: If the settlement or Act provides for the consideration of any document, the panel must give the document the same or equivalent effect through the panel's decision making as it would have under any relevant specified Act.
3: The panel must also consider whether granting the approval would comply with section 7
4: In this section, document
a: means any document, arrangement, or other matter; and
b: includes any statutory planning document amended as a result of the settlement or Act referred to in subsection (1).
83: Conditions must be no more onerous than necessary
When exercising a discretion to set a condition under this Act, the panel must not set a condition that is more onerous than necessary to address the reason for which it is set in accordance with the provision of this Act that confers the discretion.
84: Conditions relating to Treaty settlements and recognised customary rights
1: For the purposes of section 7 Marine and Coastal Area (Takutai Moana) Act 2011 Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
2: This section applies in addition to, and does not limit, any other powers to set conditions under this Act.
85: When panel must or may decline approvals
When approval must be declined
1: The panel must decline an approval if 1 or more of the following apply:
a: the approval is for an ineligible activity:
b: the panel considers that granting the approval would breach section 7
c: in the case of an approval described in section 42(4)(b) clause 23
d: in the case of an approval described in section 42(4)(c) clause 27
e: in the case of an approval described in section 42(4)(e) clause 7(3)
f: in the case of an approval described in section 42(4)(f) clause 29(2) or (3)
g: in the case of an approval described in section 42(4)(l) or (m) clause 7(2) 8(2)
h: in the case of an approval described in section 42(4)(n) clause 20
2: A panel must decline an approval described in section 42(4)(a) clause 17(5) Approval may be declined if adverse impacts out of proportion to regional or national benefits
3: A panel may decline an approval if, in complying with section 81(2)
a: there are 1 or more adverse impacts in relation to the approval sought; and
b: those adverse impacts are sufficiently significant to be out of proportion to the project’s regional or national benefits that the panel has considered under section 81(4)
i: any conditions that the panel may set in relation to those adverse impacts; and
ii: any conditions or modifications that the applicant may agree to or propose to avoid, remedy, mitigate, offset, or compensate for those adverse impacts.
4: To avoid doubt, a panel may not form the view that an adverse impact meets the threshold in subsection (3)(b) solely on the basis that the adverse impact is inconsistent with or contrary to a provision of a specified Act or any other document that a panel must take into account or otherwise consider in complying with section 81(2)
5: In subsections (3) and (4), adverse impact section 81(2)
86: Decision on land exchange is conditional
1: A decision under section 81 section 42(4)(f) clause 31
2: If the appropriate Minister is not satisfied that all of the conditions referred to in subsection (1) are complied with by the close of the second anniversary of the panel's decision, the approval is treated as having lapsed at that time. Decision documents
87: Content of panel decision documents
1: A panel must, for each approval sought in a substantive application, prepare a document (a decision document section 81
2: A decision document—
a: must—
i: state the panel's decision; and
ii: state the panel's reasons for the decision; and
iii: include a statement of the principal issues that were in contention; and
iv: include the main findings of the panel on those issues:
b: for an approval described in—
i: section 42(4)(a) or (d) clause 26
ii: section 42(4)(a) or (b) clause 22
iii: section 42(4)(c) clause 28
iv: section 42(4)(n) clauses 22 23(1) 2020 No 35 Schedule 6 cl 37(6)–(8) 2023 No 46 Schedule 10 cl 36(5)–(8)
88: Issue, service, and publication of decision documents
1: Each decision document that relates to a substantive application must be issued at the same time by being served on—
a: the applicant; and
b: if the relevant chief executive has made a recommendation on an aquaculture decision following a request under section 48
c: for an approval described in section 42(4)(i) clause 8
d: the persons and groups invited to provide comments under section 35 53
e: the relevant local authorities; and
f: the relevant administering agencies; and
g: other persons and authorities that the panel considers appropriate.
2: A decision document must be served together with advice as to the time within which an appeal may be lodged under section 99
3: A decision document must be published on an internet site that is administered by or on behalf of the EPA and is publicly available as far as practicable and free of charge.
4: In complying with subsection (3), the EPA may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982
5: This section applies to a recommendation made by a panel in accordance with section 76(2)(b)
a: must also be served on the appropriate Minister; and
b: need not include the information referred to in subsection (2). 2020 No 35 Schedule 6 cl 38 2023 No 46 Schedule 10 cl 37
89: Minor corrections
1: A panel may, within 20 working days after issuing a decision document under section 88(1)
2: A panel may correct a requirement for a designation before the earlier of the following:
a: the day on which the territorial authority includes the designation in its district plan and any proposed district plan under clause 30
b: the day that is 40 working days after the day on which any rights of appeal under section 99 2020 No 35 Schedule 6 cl 40 2023 No 46 Schedule 10 cl 39 EPA powers and duties relating to substantive application
90: EPA may request information from relevant administering agencies and local authorities
1: This section applies to information that the EPA considers—
a: is held by a relevant administering agency or a local authority; and
b: relates to a listed project or a referred project; and
c: is necessary for considering a current or anticipated substantive application.
2: The EPA, at any time before or after it receives the substantive application, may request the relevant administering agency or local authority to provide the information and set a date by which the information must be made available.
3: The relevant administering agency or local authority must,—
a: within the time specified by the EPA, provide the information requested; or
b: advise the EPA that the agency or local authority does hold the information but cannot provide it in the time specified by the EPA; or
c: advise the EPA that the agency or local authority does not hold the information and, if the agency or local authority knows where the information is held, advise the EPA accordingly.
4: The EPA must provide information that it receives under this section to the panel convener. 2020 No 35 Schedule 6 cl 7 2023 No 46 Schedule 10 cl 30
91: Information held by relevant administering agencies and local authorities that is sensitive to iwi or hapū
Despite section 90
a: maintain that confidentiality; and
b: before the information is disclosed under section 90
92: EPA powers to make certain decisions
1: The EPA—
a: may make administrative decisions that are incidental or ancillary to the conduct of a panel; but
b: must not make administrative decisions that would be inconsistent with, or preclude compliance with, clause 5
2: In performing and exercising its functions, duties, and powers under this Act, the EPA must, as far as is reasonably practicable, minimise costs and avoid delay. 2020 No 35 Schedule 6 cl 8(1), (3) 2023 No 46 Schedule 10 cl 43
93: EPA must publish notices and other documents
1: This section applies to every written notice or other document that this Act requires to be—
a: received by the EPA or a panel from any person; or
b: sent by the EPA or a panel to any person.
2: The EPA must publish the written notice or other document on an internet site that is administered by or on behalf of the EPA and is publicly available as far as practicable and free of charge.
3: In complying with subsection (1), the EPA may withhold information if the EPA is satisfied that there would be good reason to withhold the information under the Official Information Act 1982 2020 No 35 Schedule 6 cl 8(2) 2023 No 46 Schedule 10 cl 44 Section 93 compare note editorial change 12 May 2025 sections 86(1) 87(l)(iii) Legislation Act 2019
4: Other provisions relating to approvals
94: Use of specified Act to apply for approval
1: This Act does not prevent any person from applying for an approval under a specified Act in relation to a listed project or a referred project.
2: However, a person must withdraw an application for an approval under a specified Act if they—
a: lodge a substantive application that seeks a corresponding approval under this Act for the same, or substantially the same, activity; and
b: are notified by the EPA that the substantive application complies with section 46(2)
3: The person must withdraw the application within 5 working days after receiving the notice referred to in subsection (2). 2020 No 35 Schedule 6 cl 28
95: Exercise of existing approval under specified Act while applying for approval under this Act
1: This section applies if an authorised person who holds an existing approval lodges a substantive application that—
a: seeks an approval under this Act that—
i: corresponds to, and is for the activity to which, the existing approval applies; or
ii: in the case of an approval described in section 42(4)(n) section 42(11)
b: is lodged more than 3 months before the existing approval is due to expire (unless the existing approval is a right under section 124(3) 165ZH(2)(c)
2: The existing approval is treated as remaining in force until the later of the following:
a: the date on which any rights of appeal under section 99
b: the date on which the existing approval expires or is surrendered in accordance with this Act or the relevant specified Act.
3: If the substantive application referred to in subsection (1) is lodged by more than 1 authorised person, subsection (2) applies only if the authorised person who holds the existing approval is proposed to hold the approval under this Act that is referred to in subsection (1)(a).
4: In this section, existing approval
a: an approval under a specified Act:
b: a right under section 124(3) 165ZH(2)(c)
c: an exploration permit or existing privilege referred to in section 42(11)
96: Status of approval when granted
1: Subject to subsection (2), an approval granted under this Act has the same force and effect for its duration, and according to its terms and conditions, as if it were granted, issued, or entered into under the relevant specified Act.
2: For the purposes of subsection (1), the following apply:
a: for an approval described in section 42(4)(a), (b), (c), or (d) clauses 31 36
b: for an approval described in section 42(4)(e) clauses 14 20
c: for an approval described in section 42(4)(f) clauses 36 40
d: for an approval described in section 42(4)(h) clauses 7 8
e: for an approval described in section 42(4)(i) clause 9
f: for an approval described in section 42(4)(j) clause 7
g: for an approval described in section 42(4)(k) clauses 8 9
h: for an approval described in section 42(4)(l) or (m) clause 13
i: for an approval described in section 42(4)(n) clause 25 2020 No 35 Schedule 6 cl 42(2)(b), (3)(b)
97: Commencement of approval
1: Subject to subsection (2), an approval granted under this Act commences—
a: on the date on which the panel’s decision document for the approval is issued under section 88
b: on any later date specified by the panel in the decision document.
2: For the purposes of subsection (1), the following apply:
a: for an approval described in section 42(4)(a) or (b) section 80 clauses 22 35
b: for an approval described in section 42(4)(d) clause 30
c: for an approval described in section 42(4)(e) clause 12
d: for an approval described in section 42(4)(f) clause 35
e: for an approval described in section 42(4)(g) clause 48
f: for an approval described in section 42(4)(i) clause 6
g: for an approval described in section 42(4)(l) or (m) clause 12
h: for an approval described in section 42(4)(n) clause 24 2020 No 35 Schedule 6 cl 37(9) 2023 No 46 Schedule 10 cl 36(9)
98: Disapplication of matters if approval is for electricity infrastructure on certain Schedule 4 land or in national reserve
1: This section applies to an approval granted under this Act in relation to an activity for which a determination was made under section 24
2: Section 5 section 5(1) or (2)
3: Nothing in paragraph 2 of the notes to either schedule of the Otahu Dedicated Area Notice 1976 ( Gazette
4: Nothing in paragraph 2 of the notes to the Parakawai Geological Area Notice 1980 ( Gazette
5: Miscellaneous provisions
Appeals and judicial review
99: Appeal against decisions only on question of law
1: Any of the following persons may appeal to the High Court against the whole or a part of the decision of a panel to grant or decline to grant an approval under this Act, but only on a question of law:
a: the applicant (or, if the substantive application was lodged by more than 1 authorised person, the person who was proposed to hold the approval):
b: any relevant local authority:
c: the Attorney-General:
d: any person or group that provided comments in response to an invitation given under this Act.
2: No appeal may be made to the Court of Appeal against a determination of the High Court under this section.
3: However, a party may apply to the Supreme Court for leave to bring an appeal to that court against a determination of the High Court and, for this purpose, sections 73 to 76
4: If the Supreme Court refuses to give leave for an appeal (on the grounds that exceptional circumstances have not been established under section 75
5: No appeal may be made against any appeal determined by the Court of Appeal in accordance with subsection (4).
6: Despite any legislation to the contrary,—
a: an application for leave for the purposes of subsection (3) must be filed no later than 10 working days after the determination of the High Court; and
b: the Supreme Court or the Court of Appeal, as the case may be, must determine an application for leave, or an appeal, to which this section applies, as a matter of priority and urgency.
7: For the purposes of subsection (1),—
a: a decision under section 81 section 42(4)(f) section 86
b: the following are part of a decision to grant or decline to grant an approval:
i: an aquaculture decision made by a panel in relation to the approval:
ii: a decision made by a panel on an application under clause 7 1991 No 69 s 149V 2023 No 46 Schedule 10 cl 42
100: Procedural matters
Notice of appeal
1: A person entitled, and intending, to appeal against a decision of a panel (the appellant section 88(3)
2: The notice of appeal must specify—
a: the decision or the part of the decision appealed against; and
b: the error of law alleged by the appellant; and
c: the grounds of appeal, with sufficient particularity for the court and other parties to understand them; and
d: the relief sought. Service of notice of appeal
3: No later than the time specified for filing a notice of appeal under subsection (1), the appellant must serve a copy of the notice of appeal on the panel whose decision is subject to the appeal.
4: No later than 5 working days after the notice of appeal is filed in the High Court, the appellant must serve a copy of the notice of appeal on—
a: the authorised person who is the proposed holder of the relevant approval (if that person is not the appellant); and
b: the relevant administering agencies; and
c: for an appeal against a decision on an approval described in section 42(4)(a) or (b) section 80
d: every person or group invited to provide comments to the panel. Copy of decision appealed against
5: The appellant must provide a copy of the whole decision appealed against to the Registrar of the High Court immediately after it becomes available. Notice of intention to appear
6: If a person served with a notice of appeal under subsection (4) wishes to appear at the appeal, the person must serve a notice of intention to appear on—
a: the appellant; and
b: the Registrar of the High Court; and
c: the responsible agency.
7: A notice of intention to appear must be served no later than 10 working days after the day on which the person was served with the notice of appeal under subsection (4). Parties to appeal
8: The parties to an appeal under this section are—
a: the appellant; and
b: any person who gives a notice of intention to appear.
9: The High Court Rules 2016 2020 No 35 Schedule 6 cl 45
101: Judicial review
1: An application for review under the Judicial Review Procedure Act 2016 judicial review
a: no later than 20 working days after,—
i: in the case of an application for judicial review that relates to a decision on a referral application, notice of the decision on the referral application is published under section 28(1)(b)
ii: in the case of an application for judicial review that relates to a decision on an approval, the decision document for the approval is published under section 88(3)
b: within any further time allowed by the High Court on application filed before the expiry of that 20-working-day period.
2: If a person wishes to appeal under section 99
3: If an appeal and an application for judicial review are filed together, the High Court must try to hear the proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case.
4: Except as provided in this section, nothing in this Act limits or affects any right of judicial review a person may have in respect of any matter to which this Act applies. 2010 No 37 s 159 2017 No 52 s 23 2020 No 35 s 13
102: Right of appeal, review, or reconsideration under specified Act
To avoid doubt, no right of appeal, review, or reconsideration under a specified Act applies to a decision under this Act. Cost recovery
103: Interpretation
In subpart 2 sections 104 to 112 administering agency section 4(1) agency application functions, duties, and powers under this Act
a: commissioning advice or other services required to process an application; and
b: undertaking consultation, negotiating with affected parties, or responding to an invitation to comment in relation to an application; and
c: undertaking the activities described in paragraph (a) or (b) to enable other persons to perform or exercise their functions, duties, and powers under this Act; and
d: preparing advice in preparation for—
i: performing or exercising functions, duties, and powers; or
ii: other persons to exercise their functions, duties, and powers under this Act; and
e: appearing at a hearing held by a panel, including preparing for the hearing; and
f: provision of secretarial and support services by the EPA or the responsible agency; and
g: for approvals described in section 42(4)(f) third party
a: a person (other than an applicant, an agency, the Minister, or a panel) who—
i: responds to an invitation from an applicant, an agency, the Minister, or a panel to comment on an application; or
ii: appears at a panel hearing; or
iii: provides information to a panel in response to a request to do so; and
b: any other class of persons specified as a third party by regulations.
104: Cost recovery
1: An agency may recover from a person who intends to lodge an application the actual and reasonable costs incurred by the agency in consulting and providing assistance to the person before the application is lodged (whether or not the application is subsequently lodged).
2: If a person lodges an application,—
a: the EPA may recover from the person the actual and reasonable costs incurred by the EPA and any other agency in performing or exercising their functions, duties, or powers under this Act in relation to the application; and
b: the Minister may recover from the person the actual and reasonable costs incurred in relation to a panel and a panel convener in performing or exercising their functions, powers, and duties under this Act in relation to the application.
3: The following applies in relation to the recovery of costs incurred in respect of the preliminary steps set out in sections 29 31 37 39
a: if a substantive application is not lodged,—
i: an agency may recover from the authorised person the actual and reasonable costs incurred by the agency in performing or exercising its functions, duties, or powers; and
ii: the Minister may recover from the authorised person the actual and reasonable costs incurred by the Minister in performing or exercising their functions, duties, or powers; and
b: if a substantive application is lodged,—
i: the EPA may recover from the applicant the actual and reasonable costs incurred by the EPA and any other agency in performing or exercising their functions, duties, or powers; and
ii: the Minister may recover from the applicant the actual and reasonable costs incurred in relation to a panel and a panel convener in performing or exercising their functions, powers, and duties.
4: The EPA may recover from the applicant the costs of contributions made under section 110
5: The EPA must—
a: recover costs recoverable under this section on behalf of the Minister or another agency if requested to do so by that Minister or agency; and
b: subject to any power or duty under regulations to refund a fee or levy, reimburse the Minister or agency when the costs have been recovered.
6: This section does not affect a power in a specified Act to recover costs under that Act.
105: Delegation of cost-recovery function by Minister
1: The Minister may, in writing, delegate to the EPA the Minister's power under section 104(2)(b)
2: A delegation under this section—
a: is revocable at will, but the revocation does not take effect until it is communicated in writing to the EPA; and
b: does not prevent the Minister from performing or exercising the functions, duties, or powers concerned. 2020 No 35 Schedule 5 cl 15
106: Methods of cost recovery
1: The methods by which costs may be recovered are any 1 of, or any combination of 1 or more of, the following:
a: fixed fees or charges:
b: estimated fees or charges, or fees or charges based on estimated costs, paid before the performance of the function, duty, or power, followed by reconciliation and 1 or more further payments or refunds:
c: levies.
2: In the case of fees or charges described in subsection (1)(b), all interest accruing from the fee or charge in the period after payment is retained by the EPA and applied to the costs that may be recovered under section 104
107: Liability to pay costs constitutes debt due
1: Subsection (2) applies when—
a: an agency has required a person to pay costs recoverable under section 104(1)
b: the costs to be recovered (by any 1 or combination of the methods described in section 106
2: The costs are a debt due to the agency that is recoverable by the agency in any court of competent jurisdiction.
3: Subsection (4) applies when—
a: the EPA or the Minister has required a person to pay costs recoverable under section 104(2) or (3)
b: the costs to be recovered (by any 1 or combination of the methods described in section 106
4: The costs are a debt due to the EPA or the Crown that is recoverable by the EPA, or the EPA on behalf of the Crown, in any court of competent jurisdiction.
108: Regulations may set fees, charges, and contributions
1: Regulations may do any of the following:
a: set the amounts of fees and charges, estimated fees or charges, or fees or charges based on estimated costs (the fees or charges section 104
b: in the case of estimated fees or charges, set out a reconciliation process, which may be based on charging rates set by an agency, to establish any further payment or refund that may be required in respect of an application:
c: set the method by which the amount of any fee or charge is to be calculated:
d: provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:
e: authorise the EPA to grant an exemption, waiver, or refund in any particular case or class of case:
f: determine 1 or more classes of third party (a relevant third party
g: set—
i: the method by which the amount of the contribution that may be claimed by a relevant third party is to be calculated; or
ii: the amount of that contribution:
h: set out the process required to be followed, or require a process publicly notified by the EPA to be followed, for a relevant third party to claim a contribution to their costs.
2: If regulations made in relation to subsection (1)(e) authorise the EPA to grant an exemption, waiver, or refund,—
a: an instrument granting an exemption, waiver, or refund is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
109: Regulations may impose levies
1: Regulations may do any of the following:
a: impose a levy payable to the EPA to meet the following:
i: the costs of the EPA in performing and exercising its functions, powers, and duties under this Act where those costs are not otherwise recovered by fees or charges under regulations:
ii: the costs of a panel and a panel convener in performing and exercising their functions, powers, and duties under this Act where those costs are not otherwise recovered by fees or charges under regulations:
iii: the costs of the Minister, the EPA, the responsible agency, a panel, a panel convener, or an administering agency in relation to appeals and other legal proceedings related to this Act:
iv: the costs of collecting the levy:
v: the costs of financing any shortfall in recovery of costs under this subsection:
vi: the costs of recovering fees or charges under section 107
vii: any fees or charges payable that are not recovered under section 107
b: provide for exemptions from, or waivers or refunds of, a levy, in whole or in part, in any class of case:
c: authorise the EPA to grant an exemption, waiver, or refund in any particular case or class of case.
2: Regulations made for a purpose described in subsection (1) must—
a: specify the persons primarily responsible for paying the levy; and
b: specify the amount of the levy or a method of calculating or ascertaining the amount of the levy; and
c: specify whether the levy is payable at the time of lodging a referral application, substantive application, both applications, or at some other time.
3: Regulations made for a purpose described in subsection (1) may,—
a: in setting the amount of the levy or the method of calculating or ascertaining the amount of the levy, provide for any shortfall in recovery, or over-recovery, of the costs specified in subsection (1)(a) from the previous 5 financial years (including system set-up costs incurred before the commencement of this Act):
b: provide for different levies for different classes of levy payers:
c: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
d: provide for the payment and collection of levies.
4: The EPA must ensure that each levy payment received is separately accounted for.
5: The Minister must, before recommending any change to a levy imposed by regulations (but not before recommending the initial levy regulations),—
a: consult prospective levy payers that the Minister considers are affected by the changes; and
b: have regard to—
i: the anticipated value of the spending that would be funded by the levy during the 5 years following the change; and
ii: the anticipated number of levy payers during the 5 years following the change; and
iii: the appropriate contribution level for each class of levy payer.
6: If regulations made in relation to subsection (1)(c) authorise the EPA to grant an exemption, waiver, or refund,—
a: an instrument granting an exemption, waiver, or refund is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 74(1)(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 109(2)(b) editorial change 12 May 2025 sections 86(1) 87(l)(ii) Legislation Act 2019
110: Contribution to costs of relevant third parties
1: The EPA must pay a contribution to the costs of a third party in accordance with regulations.
2: The Minister must, before recommending any change to regulations made in relation to subsection (1) (but not before recommending the initial contribution regulations), consult the persons that the Minister considers appropriate.
111: Land exchange cost recovery by third parties
1: This section applies in respect of a substantive application for an approval described in section 42(4)(f)
2: If an applicant is required to negotiate with the holder of an interest in land (an interest holder
3: Actual and reasonable costs payable under subsection (2) are a debt due to the interest holder that is recoverable by them in any court of competent jurisdiction.
112: Liability for costs if application lodged, or to be lodged, by more than 1 person
1: This section applies if an application is lodged, or is intended to be lodged, by more than 1 person.
2: Those persons are jointly and severally liable for the costs that may be recovered in relation to the application under section 104 111 Service of documents
113: Service of documents
1: If a notice or other document is to be served on a person for the purposes of this Act,—
a: if the person has specified an electronic address as an address for service for the matter to which the document relates and has not requested a method of service listed in paragraph (b), the document must be served by sending it to the electronic address:
b: if the person has not specified an electronic or other address as an address for service or if the person has requested any of the following methods of service, the document may be served by the requested method or any of the following methods:
i: delivering it to the person:
ii: leaving it at the person's usual or last known place of residence or business or at the address specified by the person in any notice, application, or other document given under this Act:
iii: sending it by post to the person's usual or last known place of residence or business or to the address specified by the person in any notice, application, or other document given under this Act:
iv: complying with a means of service prescribed in regulations.
2: However, if the document is to be served on a person to commence, or in the course of, court proceedings, subsection (1) does not apply if the court, whether expressly or in its rules or practices, requires a different method of service.
3: Nothing in subsection (1) overrides the provisions of the Electronic Courts and Tribunals Act 2016
4: If a notice or other document is to be served on a Minister of the Crown for the purposes of this Act, service on the chief executive of the appropriate department in accordance with subsection (1) is to be treated as service on the Minister.
5: If a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) is to be treated as service on the body.
6: If a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsections (1) and (5) is to be treated as service on the partnership.
7: However, in relation to any partnership that is a firm under the Partnership Law Act 2019 section 30
8: Despite subsection (1), if a notice or other document is to be served on a Crown organisation for the purposes of this Act, it may be served—
a: by delivering it at the organisation's head office or principal place of business; or
b: by sending it to the electronic address that the organisation has specified for its head office or principal place of business; or
c: by a method agreed between the organisation and the person serving the notice or document.
9: If a notice or other document is sent by post to a person in accordance with this section, it is to be treated, in the absence of proof to the contrary, as having been received by the person at the time when the letter would have been delivered in the ordinary course of the post. 1986 No 5 s 102(1) 1991 No 69 s 352
114: Notices in relation to Māori land
Part 10 section 181(4) 1991 No 69 s 353 Provisions relating to particular approvals
115: Schedules 5 to 12 have effect
Schedules 5 12 Secondary legislation
116: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: providing for procedural and administrative matters for the purposes of this Act:
b: specifying requirements for a referral application or a substantive application, including—
i: the form or manner in which the application must be made:
ii: information that must be included in the application:
c: providing for anything this Act says may or must be provided for by regulations:
d: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations may not be made under subsection (1)(a) in relation to the procedure or administration of a court.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
117: Order in Council to amend authorised person in Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
2: The Minister may make the recommendation on application if the Minister is satisfied, after considering the application, that—
a: the proposed authorised person (the person
b: it is appropriate for the person to do so based on their compliance history under the specified Acts.
3: An application must set out—
a: the person’s interest in the listed project; and
b: the person’s legal interest (if any) in the land that comprises the project area; and
c: a summary of compliance or enforcement actions (if any), and the outcome of those actions, taken against the person under a specified Act (together with confirmation of that summary from the relevant authorities); and
d: evidence that—
i: the person would be eligible to apply for every approval under a specified Act that corresponds to an approval that is to be applied for under this Act for the project; and
ii: if the approvals that are to be applied for under this Act include an approval described in section 42(4)(n) section 42(11)
4: For the purposes of subsection (2), if there is, or there is proposed to be, more than 1 authorised person for a listed project, the Minister must be satisfied that, considered together, the persons who would be the authorised person or persons for the project after the Order in Council comes into force meet paragraphs (a) and (b) of that subsection.
5: If an application under this section is lodged by more than 1 person,—
a: the application must set out the information required by subsection (3)(a) to (c) for each person; and
b: for the purposes of subsection (3)(d)(i), the application must set out evidence that each person would be eligible to apply for each approval under a specified Act that corresponds to an approval that the person is proposed to hold for the project under this Act.
6: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
118: Order in Council to amend Schedule 4
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, amend Schedule 4
2: Before making a recommendation, the Minister of Conservation must consult to the extent that is reasonably practicable, having regard to all the circumstances of the particular case, those persons the Minister has reason to believe are representative of interests likely to be substantially affected by the Order in Council or representative of some aspect of the public interest.
3: No Order in Council may be made under this section that results in land within a category of land described in Schedule 4
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Amendments
119: Amendment to Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
Section 120 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 2024-12-24 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
120: Schedule 1 amended
In Schedule 1 clauses 4 to 9
121: Amendments to other legislation
Amend the legislation specified in Schedule 13 2024-12-24 Environment Act 1986 Environmental Protection Authority Act 2011 Heritage New Zealand Pouhere Taonga Act 2014 Ngāti Rangi Claims Settlement Act 2019 Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 Official Information Act 1982 Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010