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February 20, 2025

Fast-track Approvals Bill Under Scrutiny

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New Zealand’s Fast-track Approvals Act has sparked significant controversy, with critics alleging that the government disregarded parliamentary rules to push through legislation benefiting private companies.

The bill, which aims to speed up infrastructure, housing, and energy projects, was passed under the National-led coalition despite warnings from legal experts and opposition parties. Environmental groups have also raised alarms, arguing the law could lead to unchecked development with severe consequences for the environment.

Concerns Over Parliamentary Rule Violations

Documents obtained by RNZ reveal that the Office of the Clerk, which oversees parliamentary procedures, warned Minister Chris Bishop as early as July 2024 that including private projects in the bill would make it inadmissible. Government bills are not allowed to primarily benefit private entities, a rule designed to prevent legislative favouritism. The Clerk reiterated these concerns in October, offering an alternative solution that would have required suspending standing orders.

Despite this, Speaker of the House Gerry Brownlee rejected the official advice and allowed the bill to proceed. Legal expert Professor Andrew Geddis criticised the move, calling it “borderline” and suggesting that Brownlee’s decision prevented legal challenges against the government’s selection of projects. “You could quite easily write a Speaker’s ruling that came out the other way, put it that way,” Geddis said, noting that this sets a troubling precedent for future legislation.

Private Projects and Controversial Developments

The bill fast-tracks 149 projects, including several private ventures such as gold mining, large-scale housing developments, and energy initiatives. Some of these projects had previously been rejected due to environmental or legal concerns, including a seabed mining operation and the revival of the Ruataniwha Dam scheme under a new name.

By including these projects directly in the bill, the government has allowed them to bypass the usual referral process and move straight to expert panel reviews, effectively shielding them from judicial scrutiny. Critics argue this undermines environmental protections and democratic oversight.

Opposition and Environmental Groups Push Back

The Labour and Green parties have strongly condemned the bill, with Labour’s Kieran McAnulty calling Brownlee’s decision “unprecedented” and raising constitutional concerns. The Green Party has gone further, pledging to revoke any consents granted under the bill if it returns to government. Green MP Lan Pham criticised Bishop for failing to address the Clerk’s concerns, calling it “completely negligent” and warning that the bill sets a dangerous precedent for future legislation.

Greenpeace and other environmental organisations have also condemned the bill, describing it as a giveaway to private interests at the expense of New Zealand’s natural heritage. Greenpeace co-director Russel Norman has called for the legislation to be scrapped, citing corruption concerns related to National MP David MacLeod. MacLeod, who chaired the Environment Select Committee overseeing the bill, has been referred to police for failing to declare donations, one of which came from a shareholder in a seabed mining company set to benefit from the new law.

“This undeclared conflict of interest means that MacLeod has undermined the democratic process for considering the bill,” Norman said. “How many submitters opposing the bill who were never heard by the Committee will now wonder if MacLeod had a role in the decision not to be heard?”

Growing Public Outrage and Calls for Repeal

Public backlash against the bill has been intense, with large protests planned across the country. Environmental and community groups, including Greenpeace, Forest & Bird, and Coromandel Watchdog, have organised a “March for Nature” rally, expected to draw thousands of demonstrators. Activists argue that the bill not only weakens environmental protections but also concentrates power in the hands of a few government ministers who will decide which projects move forward.

Government Defends the Bill

Despite the criticism, the government has defended the legislation as a necessary measure to address New Zealand’s infrastructure and housing crises. Minister Chris Bishop argued that restrictive planning laws have hindered economic growth for too long and that the Fast-track Approvals Act will help streamline essential projects.

Speaker Gerry Brownlee also maintained that his decision to allow the bill was justified, stating that “virtually no bill passed in this House that doesn’t have some private benefit.” He dismissed concerns about parliamentary rule violations, asserting that projects still require final approval from an expert panel before proceeding.