Curious about how and why New Zealand is speeding up its consent process for major projects? 1News runs a rule over the proposed legislation and why it continues to stir up controversy.
Ever since the Government revealed plans to shake-up the consent and permit process for large projects, concerns and questions have been rolling in from several stakeholders, including iwi and conservation groups.
Several of those groups are now planning a march along Auckland’s Queen Street next month, to protest the proposed law and what they say is the coalition government’s “war on nature”.
So, what is the Fast-track Approvals Bill? And why has it sparked this concern?
A 'one-stop-shop' regime
National agreed to establish a “fast-track one-stop-shop” consenting and permitting process as part of its coalition deal with NZ First.
This fast-track consent scheme would prioritise regionally and nationally significant infrastructure projects.
What is the fast part of the process?
It would get big projects off the ground more quickly but could be a bone of contention within the coalition. (Source: 1News)
The proposed law would allow eligible projects to bypass the multiple consent requirements many developments currently need to have.
A project would go through just the one process to get approval and allow the fast-tracking of things like:
- resource consents
- marine consents
- aquaculture decisions
- Section 61 land access arrangements under the Crown Minerals Act
- approvals under the Wildlife Act
- and concessions or permissions under the Conservation Act and Reserves Act.
Projects that made it to the fast-track process would be sent to an expert panel.
The panel would apply conditions to the consent for the project to ensure any adverse effects from it were managed. The panel would have a maximum of six months to do this.
It would then deliver a recommendation to either approve the project with its conditions or decline the project.
However, the ultimate decision on whether the project goes ahead would jointly rest with the Minister of Infrastructure (Chris Bishop), Minister of Transport (Simeon Brown) and Minister of Regional Development (Shane Jones).
National's Bishop holds the portfolios for Housing, Infrastructure, RMA Reform and Sport and Recreation. (Source: Q and A)
How would projects get into the fast-track process?
Projects that meet “appropriate criteria” could enter the fast-track process either by referral by government ministers or by being included in a list of projects that are coming in the bill itself.
A Fast Track Advisory Group has been set up by the Government to offer advice on which projects should be included in that list. These will be inserted into Schedule 2A of the bill later.
Groups from both the public and private sector had until May 3 to apply to have their project included on the list.
The Government sent letters to 200 organisations inviting them to apply. Some of those organisations had previously had projects rejected through the courts.
Cabinet will decide which projects make the cut for the list. Those projects will be automatically referred into the fast-track process when the bill becomes law.
Why does the Govt want to push forward with this?
The Government said the existing consenting process takes too long and is too expensive.
Minister of Infrastructure Chris Bishop said the current process costs $1.3 billion a year, while the time it takes to get consents had increased in recent years.
“This situation is stifling economic growth and improvements for the environment and the community,” he said.
“We are determined to cut through the thicket of red and green tape holding New Zealand back, make it clear to the world that we are open for business, and build a pipeline of projects around the country to grow the economy and improve our productivity.”
Why are some groups against the bill?
Several organisations are concerned about the proposed fast-track process, including iwi and multiple conservation and environmental groups.
Concerns are varied but essentially boil down to:
- three ministers being given the final say on which projects are consented, despite what the expert panel recommends
- limited input from the public
- potentially less scrutiny of projects
- and the impacts projects could have on the environment.
Iwi and hapū have also raised concerns the bill may breach Māori rights under the Treaty of Waitangi.
Bishop said the bill has extensive provisions to “require consultation with relevant iwi and mana whenua as part of any project that will potentially be fast-tracked”.
However, lawyer Maia Wikaira told 1News last month the protections for Treaty settlements were very limited in the bill.
Hundreds marched to Parliament this week as part of a Ngāti Toa protest against the fast-track legislation, while several other groups, including Greenpeace and Forest and Bird, have announced plans for a March for Nature in Auckland on June 8.
"The Fast-Track Bill is the most damaging piece of environmental legislation any government has introduced in living memory,” Greenpeace Aotearoa executive director and former Green Party co-leader Russel Norman said.
“People are angry, and it’s time to march."
What does the general public think?
Forty percent of people support the Fast-Track Approvals Bill, according to a recent 1News Verian poll. The other 60% said they either didn’t support it, didn’t know, or didn’t want to say.
Bishop told 1News he was "pretty heartened" by the poll result. He said it showed “a real desire from many New Zealanders to make it easier to build things in this country".
Bishop added that he respected the concerns of environmental groups over the bill.
"But I would respectfully say we can grow the economy, build infrastructure [and] protect the environment all at the same time."
He also said the Government was open to some changes to the bill in its current state, including removing ministers’ power to make ultimate decisions on projects.
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