The Government proposes a fast track consenting process outside the Resource Management Act for some 'significant' infrastructure, development and environmental enhancement projects.
Fast track consents
The Covid-19 Recovery (Fast Track Consenting) Bill proposes a fast track consenting process outside the RMA (Resource Management Act) for some ‘significant’ infrastructure, development and environmental enhancement projects. It follows in the footsteps of previous earthquake recovery and Housing Accord and Special Housing Area legislation in that in all cases an alternative, faster and more certain consenting pathway has been deemed necessary to assist specific community needs – earthquake recovery, affordable housing and now recovery from the economic effects of covid-19.
Centralised decision making
What is different is that the Covid-19 legislation proposes a centralised consenting process.
Resource consents will be considered by Expert Consenting Panels appointed by the Minister for the Environment (‘the Minister’) rather than local councils. The Panels will be chaired by a current or retired Environment Court Judge or senior lawyer and include relevant local council and iwi authority nominees (one of each).
Consents will not be publicly notified and there will be no opportunity for submissions or hearings. The Panel may invite comments from some groups (still to be confirmed).
Decisions will be made within 25 working days, with the ability to double this timeframe for larger more complex projects. There will be no appeal rights, other than on points of law.
Resource consents will be considered by Expert Consenting Panels appointed by the Minister for the Environment (‘the Minister’) rather than local councils. The Panels will be chaired by a current or retired Environment Court Judge or senior lawyer and include relevant local council and iwi authority nominees (one of each).
Consents will not be publicly notified and there will be no opportunity for submissions or hearings. The Panel may invite comments from some groups (still to be confirmed).
Decisions will be made within 25 working days, with the ability to double this timeframe for larger more complex projects. There will be no appeal rights, other than on points of law.
Eligible projects
Application must be made to the Minister to qualify as an eligible project. Key criteria will be the ability to deliver significant immediate economic benefits, in particular job creation and redeployment for communities and sectors most affected by covid-19; related, to this ‘quick timing’; and ensuring a mix of projects with significant public benefits.
Opportunities for private sector projects
Whilst there will be a focus on large infrastructure projects, smaller projects will be considered if
they demonstrate a direct and immediate benefit to the regional economies and communities in
which they are based.
Housing and land development projects may well be eligible, given that listed public benefits include
increasing housing supply and contributing to well-functioning urban environments. As with
previous Special Housing Areas, approved projects are likely to progress directly to the resource
consenting stage, bypassing the usual rezoning ‘stage’.
In locations where there is a maximum allocation of housing capacity under existing planning
documents, Panels will need to ensure that available development capacity is not taken up by one or two ‘bigger players’, creating a potential monopoly. Requirements for delivery of a quantum of
sections and housing within specified timeframes may help guard against possible monopolistic
practices, as will having regard to the landownership ‘mix’ in future development areas where fast
track projects are proposed.
they demonstrate a direct and immediate benefit to the regional economies and communities in
which they are based.
Housing and land development projects may well be eligible, given that listed public benefits include
increasing housing supply and contributing to well-functioning urban environments. As with
previous Special Housing Areas, approved projects are likely to progress directly to the resource
consenting stage, bypassing the usual rezoning ‘stage’.
In locations where there is a maximum allocation of housing capacity under existing planning
documents, Panels will need to ensure that available development capacity is not taken up by one or two ‘bigger players’, creating a potential monopoly. Requirements for delivery of a quantum of
sections and housing within specified timeframes may help guard against possible monopolistic
practices, as will having regard to the landownership ‘mix’ in future development areas where fast
track projects are proposed.
How we can help
Please feel free to contact us if you would like any more information, or to discuss whether any of
your existing or proposed projects may be eligible for fast tracking.
your existing or proposed projects may be eligible for fast tracking.