Fast-track bill: Govt makes big changes, nearly 400 applicants

Ministers will no longer have the final say on fast-tracked projects in the Government's "one-stop shop" consenting bill — as the coalition announces a big shift in the proposed approvals system.

A list of "sensible changes" to the legislation were announced by RMA Reform Minister Chris Bishop and Regional Development Minister Shane Jones this afternoon. The process has already attracted "huge interest" with more than 300 applicants.

Cabinet has agreed to recommend five changes to the Environment Select Committee, which was currently considering the Government's legislation.

In the biggest shift, final decisions on fast-tracked projects will not sit with ministers, but instead with the expert panel. The Government highlighted the change now replicated the process used in the previous Labour government’s fast-track legislation.

In the original version of the legislation, ministers would hold the final decision over whether projects proceeded, even if an expert panel didn't recommend it.

Bishop said: "These changes get the balance right between enabling major projects, keeping the one-stop-shop nature of the bill, and giving the public confidence that the process is fair and reasonable."

Critics have previously slammed the slated legislation for being anti-democratic.

Under the changes announced, projects will now also be referred to an expert panel by the Infrastructure Minister alone, who "will be required to consult the Environment Minister and other relevant portfolio ministers as part of that referral process."

Timeframes for comment at the referral and panel stages will also be extended to "give parties, including those impacted by a proposed project, more time to provide comments."

"Expert panels will include expertise in environmental matters; will include an iwi authority representative only when required by Treaty settlements; and will include Māori development and te ao Māori expertise in place of mātauranga Māori.

"Applicants will be required to include information on previous decisions by approving authorities, including previous court decisions, in their applications for the referring minister to consider," according to the Government.

According to the Government, 384 projects have applied to be listed in the bill.

Forty per cent of the applications received are for housing and urban development projects, 24% are for infrastructure projects, 18% are for renewable energy projects, 8% for primary industries projects, 5% for quarrying projects and 5% for mining projects.

The project applications were considered by an independent advisory group, which then provided a report to ministers with recommendations on projects to include in the bill.

In the coming months, Cabinet would consider which of the projects will be listed in schedule two of the bill.

They would then be included in a paper to be put before Parliament once the Fast-Track Approvals Bill returns to the House later this year, according to the Government.

After the legislation is enacted, the projects listed will be able to apply directly to an expert panel for a final decision, as well as the application of any conditions.

Bishop said: "We’re delighted by the massive interest in our Fast-track process. New Zealand has a housing crisis, a massive infrastructure deficit, and very ambitious climate change targets.

"Fast-track will be a huge step forward toward addressing this trifecta of challenges for government and the private sector alike."

Labour welcomed the news that the Government was backing down on final ministerial sign-off on significant projects but said it was "still not enough".

The party's environment spokesperson, Rachel Brooking, said it was "glad to see the Government finally buckle over the powers it was giving to its Ministers".

"It’s a small win for the campaign – but the fight is not over. The fact remains, the Bill still overrides the laws that protect our environment and poses a great risk to our natural taonga, like our pristine waterways and forestland.

"All this means is that a panel will now fulfil the tall order of facilitating reportedly 384 unknown projects, whilst ignoring environmental safeguards."

Brooking said National "must listen" to environmental groups, experts, and iwi that have opposed the Bill.

"We can certainly have a process that speeds up decision-making for projects, but it must adhere to the standards required by existing laws – they’re there for a reason."

The Green Party described today's announcement as "tinkering and shallow re-packaging" of the Bill.

Environment spokesperson Lan Pham said it fails to address the "severe threat" the Bill poses to the natural world.

"Despite the watering down of unprecedented ministerial powers, the risk to our environment remains. There are still absolutely no environmental protections, as legislation such as the Resource Management Act and the Wildlife Act can still be overridden.

"The overwhelming opposition to this legislation has already forced the Government to backtrack on its fast track. We must maintain this pressure and ensure our environment is not driven towards ruin. Now more than ever, we need to make our voices heard.

"Even with today’s changes which essentially move the deck chairs, the fact remains that this fast-track bill is dangerous to both people and planet."

The chief executive of Te Rūnanga O Toa Rangatira, which has been heavily involved in opposition protests earlier this year, said they're "encouraged" by the tweaks to the proposed bill.

"They [ministers] appear to have listened to our key concerns about the ability for, effectively, laymen to be making decisions with significant potential environmental impacts and handing that over to a panel of environmental and other experts," Helmut Modlik told 1News.

But Modlik also said the Government's preference to only consult with certain iwi – based on their Treaty settlement details – would cause difficulties.

"A fast-track project where there is a relevance for the local iwi but it's not provided for in their settlement – that will be problematic."

He said deterioration of the Porirua harbour, beaches, and waterways had driven strong feelings about the legislation among Ngāti Toa Rangatira who had seen negative impacts from previous fast-tracked legislation between the 1950s and '70s.

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"The degree of the degradation, the sedimentation, destruction of our environment and our waterways is so fresh in our memories. We look at it and live with it every single day ... We hope that the changes made to the bill, the legislation, will deal with the risks associated with that kind of future degradation.

"Be that as it may though, the strength of our feeling remains and even if projects are approved, if in our judgement they don't meet the high level of environmental standards that we'll be looking for, we'll be taking further action."

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