Before you apply

Before making a substantive application, read this page to check some of the requirements.

Check that a Fast-track substantive application is the right approach

Projects can only use one consenting pathway at a time for approvals. If your project is being processed under other related legislation to seek approval, you are unable to make an application in the Fast-track process without first withdrawing the existing application.

Only an authorised person for a listed project or a referred project may lodge a substantive application in the Fast-track process. Listed projects can be found in Schedule 2 of the Fast-track Approvals Act 2024.

Listed projects – Fast-track Approvals Act 2024 – New Zealand Legislation website

Referral application to use the Fast-track

Check that your project does not involve any ineligible activities (other than activities that may be the subject of a determination under section 23 or 24).

Meaning of ineligible activity – Fast-track Approvals Act 2024 – New Zealand Legislation website

Complete preliminary steps

Before applying, you may need to complete preliminary steps. For example, depending on the project activity, lodging:

Prepare the information you’ll need for your application. If you’re unsure about any procedural requirements, check with the Fast-track team. Once you submit your application the team has a limited time to assess it for completeness. If your application is returned and you submit a new one later, you will incur additional cost.

Steps before lodging substantive application – Fast-track Approvals Act 2024 – New Zealand Legislation website

Arrange or agree to any project prioritisation

The Minister for Infrastructure can determine that a project is a priority project, either on their own initiative or if the applicant requests. This request must be made:

Applicants can request priority by emailing contact@fasttrack.govt.nz. The Ministry for the Environment handles these requests.

Minister may determine that project is priority – Fast-track Approvals Act 2024 – New Zealand Legislation website

Submitting your application form

All substantive applications must use the approved form. Substantive applications must be submitted through the Fast-track Application portal.

FTC00 Fast-track substantive application form (PDF, 644 KB)

Use the Fast-track application portal to submit your application form. The Fast-track team will give you access to the application portal during the pre-application process.

You must pay a levy and an application fee before you lodge your application. The application fee and levy are fixed amounts depending on the type of application. Your application isn’t considered lodged until the levy and fee are paid.

More detail: Fees, charges and cost recovery

The assessment process

Once a substantive application is lodged, the Fast-track team have 15 working days to make a decision on whether it is complete. The applicant will be notified of the outcome of the completeness assessment. If an application is assessed as complete, a decision is made on whether there are competing applications or existing resource consents for the same activity. If appropriate, the Fast-track team will then provide the application to a panel convener.

Expert panel

Expert consenting panels are independent decision-making bodies set up for each Fast-track project. The panel convener appoints a panel of up to four members for each project, generally chaired by a suitably qualified lawyer or planner with experience in relevant law. Panel members must also include a person nominated by the relevant local authorities.

Panels have a range of functions and powers as part of considering applications and notices of requirement and making decisions. They can hold hearings, request reports or advice, and identify the appropriate people to invite comments from.

The Fast-track team provides procedural advice and secretariat support to panels. We are not involved in the decision-making.

More detail: Expert panels

Comments and hearings

The panel must invite written comment from some people or groups listed in the Act. The Act does not allow panels to give full public notification or limited notification for comments.

More detail: Comments

A hearing is not required, but the panel must consider whether to hold one. If a hearing is held, the panel may hear from:

Hearing of panel – Fast-track Approvals Act 2024 – New Zealand Legislation website

Other process steps that may be involved

The processing of the application can be suspended and later resumed, for reasons defined in the Act.

Making a decision

The panel makes a decision based on the matters described in the Act and the information from the application and the assessment process.

The panel can set conditions on an approval, for example requiring measures to manage the impact of the project.

If the panel intends to grant an approval with conditions, they must first provide the draft conditions for comment to the applicant and other parties specified in the Act. If the panel intends to decline an approval, they must first provide their draft decision to the applicant and invite the applicant to propose changes to the project or conditions.

The Act specifies other requirements for making a decision, including the opportunity for panels to transfer certain decisions to the appropriate Minister, or for the appropriate Minister to ‘call in’ the decision taking into account the panel’s advice.

Draft decisions on approvals – Fast-track Approvals Act 2024 – New Zealand Legislation website

Publishing the decision

When a decision is made, it will be notified to the applicant and other stakeholders as defined in the Act. It will also be published on this website.

Appeals

A panel’s decision to grant or decline an approval may be appealed to the High Court. Appeals can be against the whole or a part of the decision, but only a on question of law. The following people can appeal:

Appeals and judicial review – Fast-track Approvals Act 2024 – New Zealand Legislation website

The Fast-track team and the Environmental Protection Authority are not decision-makers and should not be named as a respondent. The address for service is general.counsel@epa.govt.nz

Diagram: Process steps and timing

Flowchart showing key steps in the substantive application process. Text alternative linked from caption.

Diagram showing key steps and timings in the Fast-track substantive application process