< September 2024 newsletter


Update on controversial Fast-track Approvals Bill

In a recent development regarding the contentious Fast Track Approvals Bill, the Cabinet has proposed a series of amendments to the legislation. The Environment Select Committee, which is currently reviewing the Bill, will determine whether to incorporate these changes.

One of the more controversial provisions in the bill concerns who is to make the final decisions on the proposed projects. The Cabinet proposes that these decisions will be made by an 'expert panel' rather than by ministers.

This panel is intended to comprise:

  • A former High Court or Environment Court judge, appointed by the infrastructure minister, who will serve as the "convener."
  • A lawyer or planner who will act as the chairperson.
  • A representative from the relevant local authority (council).
  • An environmental specialist.
  • An expert in Māori development and te ao Māori. *
  • In instances where Treaty settlements necessitate it, a representative from an iwi authority.

Here's how the process would work:

  • Step 1: Companies or other groups apply to the government for their project to be fast-tracked.
  • Step 2: Projects will be referred to an expert panel by the Minister for Infrastructure, who will be required to consult the Minister for the Environment and other relevant portfolio Ministers as part of that referral process.
  • Step 3: Final decisions on whether to approve or decline projects will sit with the expert panel.

While the public is largely excluded from consultation on the projects, the proposed changes allow for a Māori development advocate, along with a representative of any applicable iwi entities, to have a seat (or two) at the decision-making table. One of the most vocal critics of the government's fast-track consenting legislation, Ngati Toa chief executive Helmut Modlik, is praising the proposed changes. There is no mention of the possibility of conflicts of interest to arise under such an arrangement.

More race-based rights is not what we were promised!

All three parties to the Coalition Government set priorities for this term that include an end to race-based policies. Indeed, the National/ACT coalition agreement explicitly aims to repeal such laws. Please take the time to remind the government that it has an obligation to go beyond empty words regarding their election promises. Demand that they genuinely address the race-based policies occurring under their watch. 

* “Te ao Māori emphasises the importance of relationships between nature and people. It is a holistic worldview that focuses on interconnections and is grounded in tikanga customary values and lore and mātauranga knowledge” - MBIE: Principles from te ao Māori the Māori worldview | He aronga Māori ki ngā mātāpono.

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