The Government’s new Fast-track Approvals Amendment Bill will effectively shut New Zealanders out of decisions that will affect generations to come and shape the future of our environment.
It hands decision-making powers to Ministers and developers while silencing independent voices for nature.
Since the Fast-track Approvals Act came into force, Forest & Bird has provided input to Panels on five major projects – from the Tekapo Power Scheme, to the Maitahi Village housing development, and the Waihi North gold mine proposal – providing expert evidence and legal submissions that have helped improve decisions and reduce environmental harm.
Forest & Bird’s input has been praised by Fast-track Panels as “helpful”, “constructive”, and “comprehensive”, leading to stronger consent conditions and better outcomes for rivers, wildlife, and communities.
“The Government’s proposed changes will completely undermine a Panel’s ability to make independent, well-informed decisions. Power will be given to Ministers to effectively green-light developments from Wellington," says Richard Capie, Forest & Bird’s Chief Advisor.
“The changes will also introduce ridiculously short timeframes for such important decisions and, to make matters worse, will lock out the very organisations that have helped make this flawed law work better.
“This Bill strips away public participation, concentrates decision-making in the hands of Ministers, and weakens independent oversight. It’s a massive step away from democracy, and a step towards more environmental damage done behind closed doors.”
Key concerns
- Public shut out: The Bill further restricts the ability of independent experts, community groups and NGOs to comment on fast-track applications, unless the Panel judges that councils or government agencies will not sufficiently cover a topic.
- Unchecked Ministerial power: Ministers could set new “Government Policy Statements” defining what counts as a project of “national or regional benefit”, giving them considerable influence over which projects are approved.
- Loss of legal rights: Where groups are invited to comment, including conservation organisations, they would lose the right to appeal errors of law in Panel decisions – despite applicants retaining that right.
- Developers influencing decision-makers: Applicants would be allowed to comment on who sits on the Panels deciding their applications – an unprecedented erosion of independence.
- Constitutional overreach: The Bill lets Ministers alter primary legislation (Schedule 2 projects) by Order in Council – bypassing Parliament and public scrutiny.
- Unrealistic timeframes: Cutting decision-making timeframes to just 60 working days for large, complex projects risks rushed, poor-quality decisions on developments that could have permanent impacts on ecosystems and communities.
- Weakening Te Tiriti: The proposed reduction in consultation with iwi and hapū undermines Te Tiriti partnerships by changing a requirement to consult into a requirement only to notify.
“The environment cannot speak for itself – that’s why participation matters,” says Mr Capie.
“When the public and conservation experts are excluded, poor decisions go unchallenged, mistakes are made, and the costs fall on future generations.
“Imagine making a decision as significant as a new hydro dam under these conditions. It’s setting New Zealand up to make intergenerational decisions with one arm tied behind its back.”
Forest & Bird supports fair, efficient processes for infrastructure and development, but insists that efficiency must not come at the expense of transparency, independence, or environmental protection.
“We’ve seen what works: when environmental experts can engage, projects improve,” says Mr Capie.
“Silencing those voices doesn’t just harm nature, it leads to worse decisions, more legal risk, and less public trust.”
Forest & Bird is calling on the Environment Committee to recommend against accepting key clauses of the Amendment Bill, including those removing public participation, limiting appeal rights, and allowing Ministerial interference in independent decision-making.
“The Amendment Bill isn’t a technical fix, it’s an additional attack on democracy and environmental protection,” says Capie.
“New Zealanders deserve clean rivers, thriving wildlife, and a government that listens. This Bill takes us in the opposite direction.”
Forest & Bird’s submission can be found here.