Special call in process for concession, land exchange or access arrangement

At any time before a panel makes a decision on a concession, land exchange or access arrangement the relevant Minister can decide to “call in” the decision  so that the Minister, not the panel, makes the decision on the application. 83032c63-b1aa-4221-b66f-78d624cf663a

The Minister can call in applications if:

  • For a concession or access arrangement, the Minister is satisfied that the concession relates to a project that may have effects or pose risks that are not well understood, may pose significant risks to public health and safety, or the project may impose significant liabilities on the Crown. d019cf42-1a05-4f50-9bbe-dae54fb5e3f6
  • For a land exchange, the Minister is satisfied that the land exchange could displace users or interest holders of Crown land resulting in significant financial, legal or other risks for the Crown. Or, if the land exchange could result in the Crown acquiring land that would have significant ongoing management costs. 3e4385f7-660e-40e3-8ef6-651357b8bcee

The Panel must inform the relevant Minister if it intends to issue a decision that the Minister could call in. Besides calling in a decision, the Minister can also specify standard conditions that the Panel may be required to impose. Any conditions must be ones that the Minister considers appropriate to manage risks or potential liabilities. 

The Panel may also transfer the decision to the appropriate Minister, if it is not satisfied it has adequate information to assess risks to the Crown, or it is not satisfied it could adequately mitigate potential liabilities to the Crown. 

Where a decision is called in, instead of making a decision, the Panel must make a recommendation to the Minister on the substantive application (i.e., it must present the decision it would have made). 26492817-fd4d-47f5-8ca2-79d4f4238382 The Minister must then make a decision,  and may request further information or advice as required. 

Before the Minister decides to decline an application the Panel recommended be granted, the Minister must provide a draft decision to the applicant  and seek comments from the Minister for Māori Crown Relations: Te Arawhiti and the Minister for Māori Development. 

Before the Minister decides to grant an application the Panel recommend be declined, the Minister must seek comment on draft conditions from the applicant, submitters and local authorities. 

Similar procedural requirements applying to a Panel decision also apply to the Minister’s decision. 

  1. Fast-track Approvals Act, clause 6 of Schedule 6 and clause 6 of Schedule 11

  2. Fast-track Approvals Act, clause 28 of Schedule 6

  3. Fast-track Approvals Act, s 76

  4. Fast-track Approvals Act, s 76(3)

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