The amendment act puts the applicant in the driver’s seat.
They will now be able to have more influence over the process, including having decisions limited to 90 days.
It creates a two-tiered system where local government is elevated as the primary commenter for regions; we heard local government submissions to the select committee that rejected these proposals.
In the amendment act, hapū and iwi are only required to be “notified” and community and environmental groups aren’t even mentioned, meaning those most impacted in the community can and almost certainly will be shut out of the new fast-track process.
The new “super-fast track” will move at speed once applications have been submitted to the Environmental Protection Authority for consideration by the minister.
Those invited to comment on these referral applications only have 15 working days to respond, reduced from 20 working days.
This response time for referral applications puts immense pressure on local councils, and further disadvantages local hapū, iwi and community if we even get a chance to submit on projects proposed in our communities.
Panel deliberations on applications will be a maximum of 90 working days and will only be longer if the applicant agrees can the timeframe be extended.
In the select committee process, a panel convenor offered evidence that the proposed timeframes were simply unworkable.
They explained that the many process steps depend on the outcome of earlier steps, and forcing these to occur concurrently will compromise quality and increase the risk of error.
McCallum Brothers and sand mining in Bream Bay
For 80 years, Pākiri community and hapū have been impacted by sand mining. The McCallum Brothers were challenged and lost in April 2024 in the Environment Court, a huge win for locals.
But they turned their attention north to Bream Bay.
Their fast-track sand mining project in Bream Bay is listed in the fast-track legislation, meaning they were favoured by ministers in the original law to join the consenting process. Their proposal seeks to take over eight million cubic metres of sand over a 17sq km area of Bream Bay, up to five days a week for 35 years.
The public opposition and outcry from the community has been strong and consistent against the proposal. With a 14,000 signature petition, hapū and community have mobilised, sending a clear message to the Government and local councils.
The Bream Bay Guardians have rallied community awareness on the issue alongside hapū and iwi.
What is clear in my view is that there is no national or regional benefit from sand mining by McCallum Brothers, there will be no new jobs for Northlanders, and we do not have a shortage of sand in Northland or Auckland.
In fact, a report commissioned via Beca shows Auckland’s available supply significantly exceeds demand. Technology has changed and manufactured sand is available to support demand – there is no need for Bream Bay sand.
On December 18, community members and hapū gathered at Whangārei District Council‘s Te Iwitahi (civic centre) to support the Bream Bay Guardians, who spoke to newly elected Bream Bay councillor Dave Baldwin’s Notice of Motion.
The Notice of Motion recognises the strong voices of concern from residents of the Bream Bay area to the fast-track sand mining proposal. It offers support for the involvement of stakeholders – notably the Bream Bay Guardians who, with technical reports, should be heard when the application comes through the fast-track process.
The McCallums are reported to be submitting their sand mining application for fast-track this month , but the voices of opposition are clear. The Green Party stands united with hapū, iwi, and community, saying Kāhore – No Sand Mining in Bream Bay.
