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This month there have been two major developments associated with the Fast-track Approvals Bill: selection of projects for listing in Schedule 2 of the Bill; and publication of the Environment Committee’s recommendations on the draft Bill. In this article, we unpack these developments.
Ministers Bishop and Jones recently announced changes to the Fast-track Approvals Bill. The announcement includes a range of changes, with the key change being to remove ultimate decision-making by ministers. Instead, final decisions on projects will sit with the expert panel (as is the case for the current COVID-19 recovery fast-track consenting process).
The Government has announced it is to progress its Phase Two RMA reforms later this year. The Phase Two reforms aim to improve economic growth and productivity. There will be four reform packages covering infrastructure and energy; housing; farming and the primary sector; and emergencies and natural hazards.
The Government has recently unveiled its agenda to “fix the housing crisis”, with the announcement of its ‘Going for Housing Growth’ Policy. The Policy seeks to address fundamental problems causing the housing crisis, by taking steps to make it easier to grow up and out.
The Supreme Court recently released its much-anticipated decision on the East West Link project (“EWL”) – the proposal by NZ Transport Agency Waka Kotahi for a new arterial road connecting SH20 at Onehunga with SH1 at Penrose/Mt Wellington.
The Fast-Track Approvals Bill has been introduced to Parliament. Forming part of the coalition Government’s 100-day plan, the Bill seeks to enable a fast-track decision-making process for infrastructure and development projects with significant regional or national benefits.
The new government has committed to repealing the NBEA and SPA by Christmas, temporarily reinstating an amended version of the RMA. For the foreseeable future it will therefore be back to the RMA, which was broadly panned by all major political parties… But not for long. The RMA’s resuscitation will be short-lived, with the government promising to deliver a wider package of resource management reform.
The mosaic of national policy statements is set to increase further with the release of the proposed National Policy Statement for Natural Hazard Decision-making (“NPS-NHD”). The NPS-NHD is the first of two stages in a phased work programme aimed at improving the management of natural hazard risks. The second stage involves comprehensive National Direction for National Hazards.
The Supreme Court recently issued its judgment in Port Otago Ltd v Environmental Defence Society Inc. The decision builds on recent High Court discussion of the relative weighting of directive plan provisions. In broad terms, the decision concludes:
that the directive enabling ports policy in the NZCPS (Policy 9) should be considered alongside the NZCPS avoidance policies (Policies 11, 13, 15, and 16, requiring certain adverse effects of activities to be avoided); and
that where there is conflict between those enabling and avoidance policies, it may be appropriate for a project to proceed, where the project is required to ensure the safe and efficient operation of ports.
The Natural and Built Environment Act (“NBEA”) and Spatial Planning Act (“SPA”) received Royal Assent on 23 August 2023, formally passing them into law. This marks the end of an intensive and controversial legislative process, and the beginning of the Acts as reality – requiring all system users to grapple with their implementation.