Navigating the Fast-track Approvals Act 2024

After a contentious journey through the Parliament, the Fast Track Approvals Act 2024 is here and as of 7 February 2024, the Fast track approval process is open to anyone who wants to apply for expedited consents of qualifying projects. Here’s how we can help.

Legislative overview

The Fast-track Approvals Act 2024 (the Act) came into effect in December 2024 and aims to achieve a more efficient consenting process for infrastructure and development projects that will bring significant regional or national benefit.

The Act initially listed 149 projects for which consent applications could be made directly to the Environmental Protection Authority (EPA), the expert panel tasked with considering each application. These projects span across various sectors including housing and land development (58), infrastructure (43), renewable energy (22), Mining (11), aquaculture and farming (7) and quarrying (8). A total of 19 of these projects are based in the Waikato.[1]

While the Act aims to simplify regulatory approvals, it does not remove the need to engage with Māori rights and interests. These projects inherently concern te taiao / the natural environment we live in. Māori have unique rights and relationships with their tribal areas. It’s important that this reality plays an integral part when pursuing a project.

Why tikanga matters

Throughout the Act are sections relating to the Treaty of Waitangi. In particular, the Act addresses:

• Existing Treaty settlements;
• Customary rights recognised under the Marine and Coastal Area (Takutai Moana) Act 2011;
• Te Ture Whaimana, which governs activities affecting the Waikato and Waipā Rivers.

A failure to address these requirements can lead to delays, disputes, or an application being declined. Having expert tikanga advice from the outset ensures that cultural obligations are not just met but effectively integrated into the process, strengthening the overall process and relationships between people on the ground.

How we can assist you

Our team offers expert guidance on:

• Engaging authentically and respectfully with all parties
• Upholding kaitiatkitanga and sustainable development practices
• Fostering a deeper understanding of all communities and connection to land
• Developing projects that uplift and support all communities while protecting cultural site and taonga.

Strategic tikanga support for Fast-track success

For projects involving Māori land under section 23 of the Act, the Minister has discretion to determine whether certain infrastructure projects can proceed. Before making a decision, the Minister must assess the impact on Māori landowners and their rights. Our teams expertise in whenua Māori is well versed to ensure that any application addresses these concerns proactively. Further, under section 18 of the Act, a Treaty settlement report is required to assess the impact of a project on Māori rights and interests. Our team can assist with engagement and adherence to Treaty obligations.

A successful fast-track application requires more than just meeting regulatory requirements, it requires tikanga integration. We provide tailored advice to assess and ensure any fast-track project aligns with the necessary obligations.

Whether you’re an iwi group, fast track applicant, or third party with an interest in a fast-track project, contact our Resource Management experts as part of our Kahurangi Whenua Team to see how we can assist.