Overview of the process

An applicant may apply to the Minister for Infrastructure to determine that their listed or referred project is a priority project. The Fast-track Approvals Act 2024 (The Act) sets out the Minister's criteria.

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

Applicants must request a priority determination before a substantive application is lodged. If a request is made, the substantive application may not be lodged until the Minister decides on priority. If the substantive application is lodged before the Minister has notified a decision, the priority request will be cancelled.

Applicants will be invoiced for actual costs relating to the assessment and processing of applications for priority.

Before you apply for priority

Is your project likely to be deemed a priority?

The Minister must be satisfied of all three of these criteria before determining whether the project is given priority:

  1. the project needs to be progressed urgently

  2. there is a risk that, if a substantive application is lodged, a panel may not be set up within a period that reflects the urgency of the project

  3. the Minister has not received information that indicates the substantive application would be a competing application.

Urgency

Many factors can impact the urgency of a project. A priority application is intended for projects that have a specific necessity for a panel to be set up ahead of other projects. You must provide a clear and genuine reason for urgency, for example to manage a significant risk or respond to a crisis.

A panel may not be set up within a period that reflects the urgency for a project

The panel conveners set up panels to consider substantive applications as part of the Fast-track process. Applicants need to demonstrate that:

The Minister has not received information that indicates the substantive application would be a competing application

There needs to be no competing application as defined by the Act.

Competing application, in relation to a substantive application (application A), means a substantive application or an application for an approval under a specified Act (application B) if the approval sought or applied for by application B—

(a) relates to the same natural and physical resources as an approval sought by application A; and

(b) could not be fully exercised (if at all) if the approval referred to in paragraph (a) were granted.

Interpretation section – Fast-track Approvals Act 2024 – New Zealand legislation website

What difference does priority make?

A priority project goes through the same process as other applications. But once the substantive application is lodged, fees and levies paid, completeness and eligibility checks done, and competing applications checks done, the panel convener must set up this project panel ahead of panels for any projects that do not have priority.

Submitting your priority application

Email your application for priority to contact@fasttrack.govt.nz

Use the email content template below to ensure you provide all the required information.

Email content template for priority application

Name of authorised person:

(the name in Schedule 2 of the Act if a Listed project, or the name on the Ministers’ referral notification if referred)

Name of project:

(the name in Schedule 2 of the Act if a Listed project, or the name on the Ministers’ referral notification if referred)

Please confirm you wish to request the project (above) be treated as a priority under section 38 of the Fast-track Approvals Act 2024:
 

Please confirm that you have not yet lodged a substantive application in the Fast-track process:
 

Please confirm you have no payments outstanding in relation to any part of the Fast-track process:
 

Please provide the supporting rationale for your request with respect to each of the criteria stated in section 38 (3) of the Fast-track Approvals Act 2024:

  1. Please explain why this project is urgent and should be prioritised:
     

  2. Please explain whether there is a risk that if a substantive application is lodged, a panel may not be set up to consider the project, within a period that reflects the urgency of the project:
     

  3. Please explain whether the substantive application would be a competing application if lodged. Please provide any relevant supporting information:
     

  4. Please provide any other information you may wish the Minister to consider in making this decision:

After the priority decision

The Act does not set a timeframe that the Minister must work within to consider and respond to priority requests.

You will be notified of the Minister’s decision under section 38 of the Act to accept or decline the project as a priority and you may then proceed to lodge your substantive application.