Neil Sands
The government has unveiled plans to turbo-charge its fast-track approval process and create an express lane for new supermarkets, but experts warn the reforms also risk eroding environmental protections and good governance.
The Fast-track Approvals Amendment Bill passed its first reading on Thursday and Chris Bishop, the minister responsible for Resource Management Act (RMA) reform, wants it through Parliament by year’s end.
The bill makes changes to the fast-track regime that was passed less than a year ago, with Bishop describing it as “a range of technical and machinery amendments” to streamline processes, based on consultation with stakeholders.
Bishop estimated the changes would slash up to six weeks off approval times.
The bill also allows the infrastructure minister (Bishop) to refer new supermarket developments to a fast-track consenting panel on the grounds that the project would increase competition in the grocery sector, using a tool called a Government Policy Statement (GPS).
“It takes, on average, 18 months and $1 million to obtain consent for a new supermarket, which, when you think about it, is totally nuts… We’re fixing that,” Bishop said.
Several prominent law firms say the reforms contained in the bill go far beyond minor tweaks and easing the way for supermarkets, predicting the changes will have a significant practical impact on the workings of the consent regime.
“The bill has been pitched as a response to the lack of competition between supermarkets. In reality, fast-track approvals are getting a comprehensive overhaul after just a year,” Simpson Grierson said in an online analysis.
“The bill includes changes to increase ministerial oversight, reduce consultation requirements and accelerate the approvals process for all application types.”
Challenge constraints
Simpson Grierson said the increased ministerial oversight included a power to give general directions to the Environmental Protection Agency (EPA), noting EPA chief executive Dr Allan Freeth handed in his resignation the day after the bill was unveiled.
While the GPS referred to in the government’s announcement related to supermarkets, Bell Gully said the bill allowed the infrastructure minister to use a GPS to determine if other specified projects were of national or regional significance.
“A project’s regional or national benefits are fundamental to its success in the fast-track regime, particularly when assessing whether adverse effects are outweighed by the benefits,” it said.
Dentons said there were also limits on who could comment on projects and appeal decisions, saying: “These amendments would cut off statutory avenues for environmental advocacy groups, such as Forest & Bird, to challenge projects.”
The current fast-track regime lists stakeholders that must be consulted, such as councils and government entities, but also allows approval panels to invite comment from “other persons”, including community groups.
The reforms restrict comments from “other persons” to matters not already covered by consultation with stakeholders and removes their right to appeal decisions by the approval panel.
Labour’s RMA reform spokeswoman Rachel Brooking described the bill as a “Trojan horse” to further water down environmental protections.
She said the government removed ministerial approval from the original fast-track proposal last year in the face of widespread criticism but was now moving closer to that blueprint.
Brooking said that while Labour backed moves to increase grocery competition, it opposed other measures in the bill.
“I’m deeply disappointed, once again, by this government’s continued cynical approach of combining something that’s a little bit good with something that is disastrous,” she said.
“We support the grocery provisions, but we do not support this the rest of this bill.”
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