Referred projects

A person or persons can apply to the responsible agency to use the fast-track process for their project. This is called a “referral application”. 

Process for acceptance into fast-track process 

The process for applying to use the fast-track process is that an applicant must fill out a form on the Ministry for the Environment’s website.  The Secretary for the Environment then has 10 working days ^{58fb5555-f68c-41b7-aaf6-6b17cdaa3470} to decide if the application is complete and within scope of the fast-track process under the Act. The application can proceed to the next step if: ^{f5f8ce0f-621f-4315-b493-a00356c6091d}  

• It complies with all information requirements (see information requirements section)
• The project does not appear to include an ineligible activity (see ineligible activities section)
• All fees, charges or levies payable in respect of the application are paid
• The project may be capable of meeting certain acceptance criteria (see acceptance criteria section)

If the Secretary decides that the referral application does not satisfy these requirements, the application must be returned to the applicant with reasons.  A referral application can be lodged again, in which case the process of assessment starts again.  

If the Secretary decides that the application meets the requirements, it sends the application to the Minister for Infrastructure.  The Minister must then decide what to do with the referred application.  

Minister’s decision 

When deciding whether to accept a referral application into the fast-track process, the Minster must:

• Consider and give appropriate weight to any relevant document and comply with any relevant procedural requirements set out in a Treaty settlement, the Marine and Coastal Area (Takutai Moana) Act 2011, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, a Mana Whakahono ā Rohe, or joint management agreement. ^{11f7e846-d066-4b75-8284-3f279831ef2a}  
• Invite written comments from the following parties who have 20 working days to provide feedback: ^{ff635140-593a-492d-9891-7763967d6698}
  o    Relevant local authorities 
  o    The Minister for the Environment and other relevant portfolio Ministers 
  o    Relevant administering agencies 
  o    Specified Māori groups listed by the responsible agency in the report referred to below
  o    Owners of Māori land in the project area

(The Minister may also invite comments from any other person, but this is discretionary.) ^{eec9a738-7aed-4911-8ce1-e36da8e997db}

• Obtain and consider a report on Treaty settlements and other obligations prepared by the Secretary for the Environment. ^{305d153a-8f44-405d-b219-de2fa518cbf5}
• If the project area includes public conservation land, obtain and consider a report by the Director-General of Conservation on existing arrangements for the land, risks to the Crown in relation to any applied for approvals and advice on other matters relevant to activities subject to sections 23 or 24 determinations. ^{88d3ec54-d1c9-432e-9cfc-d8ac5cea1654}  

The Minister can request further information on the referral application at any time before deciding.  The information must be considered if received within a specified timeframe but has discretion otherwise.

The Minister may accept the whole or any part of a referral application if the Minister is satisfied that the project and any part of it meets the acceptance criteria (see acceptance criteria section). 

If the Minister accepts the referral application (or part of it), it can progress to the fast-track approvals process. ^{9a399a78-7f9e-49b5-b956-3f43ea653f16}   This requires the applicant to lodge a “substantive” application for the project (see substantive application section). 

The Minister can specify conditions for the substantive application (i.e., deadlines for lodging, information that must be submitted, feedback that must be sought). ^{389453be-02ba-43de-8111-349ebf3f1dfe} The Minister also advises who the person or persons are that are entitled to lodge a substantive application for the project.    

A referral application can be declined by the Minister. This can occur before invitations for comments or reports are provided, and whether or not further information is requested or provided. ^{63065760-2d19-49e0-b010-302dd8d701aa} However, if comments, reports or further information are provided, the Minister must take these into account before deciding.  

The Minister must decline a referral application if:

• The Minister is not satisfied that the project or any part of it would meet the acceptance criteria (see acceptance criteria section)
• The Minister is satisfied that the project involves an ineligible activity
• The Minister considers there is inadequate information to make a decision 

The Minister has a discretion to decline a referral application for any other reason including, for example, if the project is inconsistent with Māori related agreements and laws, may have significant adverse effects on the environment, or includes a prohibited activity under the Resource Management Act. ^{c77edece-78f8-4a28-875a-3a80545c3407}  

The Secretary for the Environment must publicly notify the Minister’s decision (with reasons) and provide notice to the applicant and anyone invited to comment on the application.

If the decision is to accept the referral application, notice must also be provided to the Environmental Protection Authority and panel convenor, iwi authorities or Treaty settlement entities that the Minister considers has an interest and relevant administering agencies. ^{e6ca982b-c776-42b4-a4d1-0de177fece6b}   

Pre-lodgment consultation

Before lodging a referral application, the applicant must consult with: 

• Relevant local authorities
• Relevant iwi authorities, hapū, and Treaty settlement entities
• Relevant applicant groups that have applied for customary marine title 
• Ngā hapū o Ngāti Porou, if the project is within or adjacent to, or the project would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou
• Relevant administering agencies
• The holder of an interest in land that is to be exchanged, if the project includes a land exchange

Notably, land-owners and occupiers are not included (unless their land is subject to an exchange). Such persons may, however, be invited to provide feedback on a referral application by the Minister but this is at the Minister’s discretion. ^{4086d198-8033-44c7-9fca-111664794bd9}

Information requirements for referral applications

Referral applications must include a long list of things, including: ^{232150ba-ce3b-4c36-b9b4-a4b270b02f16}  

• A description of the consultation undertaken and how it has informed the project
• An explanation of how the project meets the acceptance criteria
• A general description of all the approvals required for the project
• A description of the project and the activities it involves
• A description or map of the project area
• Anticipated commencement and completion dates for the project
• A statement about any stages of the project
• A statement about whether any part of the project is proposed in the alternative
• A description of anticipated and known effects of the project on the environment
• A statement of any activities that are prohibited under the Resource Management Act
•  A list of persons and groups the applicant considers are likely to be affected by the project
• A list of any Treaty settlements and relevant provisions that apply to the project area
• A description of any projects already undertaken under the Public Works Act 1981 in relation to the project
• A statement of any relevant principles or provisions in the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
• Information identifying parcels of Māori land, marae and identified wāhi tapu within the project area
• A description of the applicant’s legal interest in the project land
• An outline of the types of consents, certificates, designations, concessions and other legal authorisations that the applicant considers are needed to authorise the project
• A list of all activities relating to the project that have been applied for before, or that are the subject of previous decisions
• A description of whether and how the project would be affected by climate change and natural hazards
• If more than one person is applying, a statement about who will hold each approval
• A summary of compliance or enforcement history against the applicant

Further specific information is required for certain approvals. For example, for resource consent and designation approvals, an assessment of the project against National Policy Statements and National Environmental Standards (but not policy statements or plans) is also required. So too is information on any existing resource consents relating to the project that would mean that the project approval could not be fully exercised until the existing consent expires, including applications for space already used for aquaculture activities (refer to the section on Schedule 5 for more). ^{04e85086-aa34-43a8-8a89-60bf776a807f}  

Other categories where specific information is required include approvals for: change or cancellation of resource consent condition, certificate of compliance, concession, land exchange, complex fisheries activity approval, marine consent, access arrangement and mining permit. 

Acceptance criteria

Before the Secretary for the Environment can pass a referral application onto the Minister it must consider that the project is capable of satisfying the Act’s acceptance criteria.  Similarly, before the Minister can accept a referral application for the fast-track process, the Minister must be satisfied that the application meets the Act’s acceptance criteria.

The acceptance criteria are that the project: ^{c387ebb9-a075-4c52-ac8c-eb183ca7f273}

• Is an infrastructure or development project that would have significant regional or national benefits; and
• Referring the project would facilitate the project and is unlikely to materially affect the efficient operation of the fast-track approvals process. 

For the purposes of determining whether the project would have significant regional or national benefits the Secretary or the Minister may consider whether the project: ^{86604e37-6c9c-4d4a-96d2-27045ae3b355}

• Is a priority project in a Government or sector plan or strategy, or on a Government infrastructure priority list
• Will deliver new regionally or nationally significant infrastructure or enable the continued functioning of existing regionally or nationally significant infrastructure
• Will increase housing supply, address housing needs or contribute to a well-functioning urban environment
• Will deliver significant economic benefits
• Will support primary industries, including aquaculture
• Will support development of natural resources, including minerals and petroleum
• Will support climate change mitigation or adaptation
• Will support recovery from natural hazard events
•  Will address significant environmental issues
• Is consistent with local or regional planning documents, including spatial strategies 

This list is not exhaustive, and the Minister can consider any other matter that the Minister considers relevant. ^{9dcbb9fb-c94b-4d74-afe6-9ee2ea68056d}

 Where there is likely to be competition for space in New Zealand’s continental shelf or exclusive economic zone between the project and other activities, including commercial fishing, the Minister may compare the activities taking into account the economic and environmental benefits and impacts of the proposed project, and likely impact of the proposed project on proposed marine management regimes. 

For projects that involve land exchanges and the land to be exchanged is Crown-owned reserve and is managed by someone other than the Department of Conservation, the Minister must consider the impact of the land exchange on that person or persons.  

A project that is an aquaculture activity within an aquaculture settlement area or reserved under Treaty settlement for aquaculture, and where the applicant can apply for a coastal permit under the Resource Management Act, is considered to be a development that would have significant regional or national benefits (i.e., it meets the acceptance criteria). 

Last updated at 7:40PM on February 7, 2025