By Aamy Roshan
Just last month, thousands of Aucklanders marched down Queen Street to protest the Fast-Track Approvals Bill, which was created to accelerate economic growth through development.1 Introduced in March, the Bill would essentially give three Ministers, Chris Bishop, Simeon Brown and Shane Jones, the unchecked power to consent to major development projects.2 Despite public outcry, polling has indicated that 44 per cent of respondents support the Bill.3 However, the Bill’s current form poses concerns about its ability to balance economic objectives with matters of impartiality and sustainability.
The Fast-Track Approvals Bill was included as part of National’s 100-Day Action plan to replace the Resource Management Act changes introduced by the Labour government in their previous term.4 Luxon announced the bill with the hopes of cutting through heavy regulations to speed up infrastructure development.5
If approved, the Bill will streamline the process of infrastructure development, as any projects listed in Schedule 2A will automatically qualify for consideration by the ministers.6 Additionally, it will also allow any projects that present “significant regional or national benefits” to be considered.7 From the developer’s perspective, the Fast Track Bill shortens the complicated consent process to approve economically beneficial projects. For example, OceanaGold’s Waihi underground mine project could be approved as it would generate billions and create 350 additional jobs for New Zealanders.8
On the other end of the debate, many believe that the Fast-Track Approvals Bill concentrates power in the hands of the few. Political analyst Dr Bryce Edwards voiced concerns, stating that this Bill would allow select ministers to bypass the protection mechanisms outlined in the Resource Management Act in order to “get things done.”9 Although expert panels will be held to discuss consent, the three ministers have the ultimate power to grant exemptions and limit public participation in the process.10 This gives rise to a separate debate around potential corruption scandals that may arise during the fast-track process, as there is a lack of regulations to address possible conflicts of interest.11
The Ministry for the Environment believes that a fast-track bill would be beneficial to achieve development objectives but argues that the current bill “was neither the cheapest nor the fastest.”12 Other issues brought forth by the Ministry include whether the bill upholds Treaty of Waitangi principles and whether it will undermine the diplomatic, legislative process by creating “an unprecedented back door.”13 Labour has even termed the bill “Muldoonist” due to the overarching powers that it awards Ministers.14
Although previous legislation, such as the COVID-19 Recovery (Fast-track Consenting) Act 2020, stated the need to promote “sustainable management”, the purpose statement of the Fast-Track Approvals Bill, in its current form, makes no mention of sustainability.15 As a result, many believe that environmental and sustainability concerns have taken a back seat.16 Furthermore, the Parliamentary Commissioner for the Environment has advised that “the risks and trade-offs will not be well understood, and the benefits are largely private in nature.” The tight time constraints for analysis and public submissions regarding the legislation have made it especially difficult to understand the potential risks and spill-over effects of the Bill.17
A select committee is due to report on the Fast-Track Approvals Bill in September. Currently, the Bill holds potentially significant issues that need to be rectified.18 Firstly, a comprehensive analysis should be undertaken to understand the implications and flow of the bill’s effects, which has yet to occur in the legislative process. Furthermore, the role of the Minister for the Environment within the fast track should be strengthened to ensure greater importance is given to environmental concerns.19 The Bill holds promise, but more regulations and analysis are required to ensure that it lives up to its promises.
Footnotes:
1 https://hamiltonlocke.com.au/whats-in-new-zealands-fast-track-approvals-bill/
2 https://www.nzherald.co.nz/nz/politics/fast-track-approval-bill-why-thousands-are-against-governments-new-plan-to-cut-red-tape-the-front-page/TQL354ZN4RA6LCO7EOLISNC7F4/
3 https://www.newshub.co.nz/home/politics/2024/06/taxpayers-union-poll-shows-strong-support-for-fast-track-approvals-bill.html
4 https://www.1news.co.nz/2023/08/16/national-vows-to-repeal-three-waters-rma-20-legislation/
5 https://www.nzherald.co.nz/nz/politics/christopher-luxon-unveils-fast-track-bill-as-willie-jackson-labels-david-seymours-tvnz-attack-censorship-and-a-disgrace/GIHQHALBB5DQRISYYDFSOS2VRE/
6 https://hamiltonlocke.com.au/whats-in-new-zealands-fast-track-approvals-bill/
7 https://hamiltonlocke.com.au/whats-in-new-zealands-fast-track-approvals-bill/
8 https://www.nbr.co.nz/politics/submitters-argue-fast-track-bill-good-for-economy-and-environment/
9 https://democracyproject.substack.com/p/fasttrackwatch-the-case-for-the-governments
10 https://democracyproject.substack.com/p/fasttrackwatch-the-case-for-the-governments
11 https://www.rnz.co.nz/news/environment/515307/fast-track-bill-could-affect-nz-s-reputation-transparency-international
12 https://newsroom.co.nz/2024/05/20/mfe-warns-of-fast-track-bills-significant-risks/
13 https://newsroom.co.nz/2024/05/20/mfe-warns-of-fast-track-bills-significant-risks/#:~:text=Overall%2C%20the%20environment%20ministry%20decided,door%20for%20prohibited%20projects%2C%20and
14 https://www.nzherald.co.nz/nz/politics/government-defends-new-fast-track-consents-bill-labour-slams-as-muldoonist/HARTYCQSLZDMHMIQBMR2BS7OIM/
15 https://www.legislation.govt.nz/act/public/2020/0035/latest/LMS345544.html
16 https://pce.parliament.nz/our-work/news/fast-track-approvals-bill-poses-significant-risks-to-the-environment/
17 https://newsroom.co.nz/2024/05/20/mfe-warns-of-fast-track-bills-significant-risks/#:~:text=Overall%2C%20the%20environment%20ministry%20decided,door%20for%20prohibited%20projects%2C%20and
18 https://www.nzherald.co.nz/nz/political-roundup-the-govts-fast-track-being-demolished-by-submissions-to-parliament/TG4V6AYH3FDLZJVSPSHR5W4MJU/
19 https://www.rnz.co.nz/news/political/514929/fast-track-approval-bill-government-watchdogs-seek-substantial-curbs-on-ministers-powers