Photo Source: Gaurav Kumar
New Zealand’s Fast-Track Approvals Bill became law on 17 December after passing its third and final reading. The bill, introduced by Infrastructure Minister Chris Bishop, is designed to expedite approvals for large-scale developments. Yet, it has faced intense opposition from environmentalists and legal professionals, prompting protests across the country and fuelling a debate over transparency and environmental safeguards.
Streamlining Consents or Sacrificing Oversight?
The Fast-Track Approvals Bill is designed to streamline project approvals by creating a centralised “one-stop shop” that bypasses parts of the Resource Management Act (RMA). Infrastructure Minister Chris Bishop argued that the current planning laws are a “straitjacket,” focusing too much on environmental impacts and impeding economic progress.
“Consenting was taking too long,” Bishop said in March 2024, pointing to delays in housing, infrastructure, and renewable energy projects.
The bill’s provisions include limiting public participation, fast-tracking “zombie projects,” and granting expert panels the authority to make final decisions on consents.
However, critics such as Parliamentary Commissioner Simon Upton have raised concerns, stating, “This is a bill that liberates ‘the big end of town.’”
Public Protests and Legal Challenges
The Fast-Track Approvals Bill has provoked widespread public outrage, with 27,000 submissions received during the consultation period, though only 794 were presented in person. Protests erupted across New Zealand, including large marches in Auckland, as demonstrators raised banners and chanted “This bill kills” during the third reading.
Several were forcibly removed from Parliament, while environmental groups like Forest & Bird and 350 Aotearoa voiced concerns over what they called an unprecedented lack of transparency.
In June, Chief Ombudsman Peter Boshier ruled that the Department of Conservation had unlawfully withheld information, intensifying scrutiny of the government’s handling of the bill.
Constitutional Overreach and Cronyism Allegations
Controversy has surrounded the Fast-Track Approvals Bill’s provisions, particularly its initial plan to delegate decision-making to three government ministers. This was amended to shift authority to expert panels, but concerns about conflicts of interest remain.
Critics argue that the legislation disproportionately benefits private interests, with 149 projects already pre-approved for fast-tracking.
Sir Geoffrey Palmer, former Prime Minister and constitutional law expert, described the bill as “constitutionally repugnant,” while opposition MPs accused the government of cronyism.
Reports revealed that companies connected to 12 fast-track projects donated $500,000 to political parties, which Greenpeace spokesperson Juressa Lee called “a clear case of regulatory capture.”
Implications for the Environment and Economy
The Fast-Track Approvals Bill is backed by proponents like Infrastructure Minister Chris Bishop, who claim it will help construct up to 55,000 new homes and resolve infrastructure shortages, with renewable energy projects also set to benefit.
However, environmental advocates worry the legislation may erode protections for conservation land and marine areas. In addition, trade experts caution that the bill’s lack of environmental safeguards could threaten New Zealand’s free trade agreements with the UK and EU.
Legal Battles and Uncertain Outcomes
The new legislation is set to take effect in February 2025, with projects that have been pre-approved now proceeding under revised consent panels. However, legal challenges, especially for controversial projects like seabed mining off the Taranaki coast, are anticipated.
Chris Bishop, the Infrastructure Minister, conceded that the law might require adjustments in its first year. Meanwhile, environmental and legal experts remain alert, cautioning that the law’s broad scope could trigger a wave of judicial reviews.