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Politics | Fast-track bill

Fast-track amendment passes under urgency, backtracks on controversial proposals

Infrastructure Minister Chris Bishop. Photo: RNZ / Samuel Rillstone

This article was first published on RNZ.

The government has passed an amendment to the fast-track regime under urgency overnight, backtracking on several of the more controversial proposals in the process.

The bill introduced last month has been criticised by the opposition, which says it gives ministers more power.

About 95 percent of public feedback was opposed, but the select committee did not recommend changes because of a short timeframe and because the government planned to bring in changes at a later stage.

Controversial aspects that attracted criticism have been changed, including:

  • The removal of a clause that constrained expert panels’ ability to seek comment from other relevant groups, at least until having heard from councils;
  • Clarifying that the Infrastructure Minister’s power to direct the Environmental Protection Authority does not allow the minister to affect the EPA’s statutorily independent functions;
  • A proposal to enable fast-track applicants to formally complain about an independent panel member has been scrapped;
  • A time limit requiring independent panels to be set up within 15 working days is scrapped;
  • A time limit requiring the panels to make a decision within 60 working days has been extended to 90 working days with an ability to extend it further.

“That didn’t go down well with people, so we’ve backtracked on that one - the feedback was voluminously negative, we’re a listening government so that has been deleted,” Infrastructure Minister Chris Bishop said about that last provision.

However, clauses enabling ministers to issue government policy statements which the independent panels must consider will remain.

Critics have claimed this would allow ministers to designate specific projects as nationally or regionally significant, which would influence the independent panels which use that as a core metric for approval.

The amendments also bring in a new power for the infrastructure minister to consult more widely, and brings changes timings for when different parts of the bill come into effect.

The legislation passed its third reading with all government parties in support and the opposition all opposed.

By Russell Palmer of RNZ.