That scheme allowed ministers to refer projects to an expert panel, which would have the final say over whether the consent would be granted.
Labour’s Environment spokeswoman Rachel Brooking said the fact so much power now rested with ministers meant the new scheme had “Muldoonist” overtones, allowing ministers to make political decisions about which projects could get consented. She said this raised important questions over the level of influence political donors could have over consenting decisions.
“What are the interests of those ministers, and who is influencing those ministers to get these things through? Are we going to see cigarette factories?” Brooking joked.
She said it could mean mining and other firms might seek to have their consents granted via political means. Brooking understood there was “political merit in being able to say to people ‘we’ll just get things done, we’ll just legislate this thing’”, but warned this bill went too far.
Bishop said the fact the scheme had its genesis with Labour meant Labour had little right to attack it.
“The new fast track consenting regime is built on the existing fast track process, which was put in place by the previous Labour government, so it’s a bit ridiculous for Labour to try to call it ‘Muldoonist’. The simple fact is that this regime is going to make it easier and faster to build the things New Zealand needs while also protecting Treaty settlements and our environment.”
But Brooking said the Government’s proposal was “totally different” to Labour’s scheme.
“As I understand it, the Minister makes the decision that a consent will be granted, whereas under Labour’s fast track the Minister made the decision that a panel would decide whether a consent would be granted,” she said.
“This raises concerns about influence on ministers and what the environmental impacts would be. Presumably, those conditions can’t undermine the granting of the consent,” she said.
Bishop said the details of the regime were being “worked through at the moment and will be announced soon”.
One detail is the way the bill will incorporate the Treaty of Waitangi, which has come to have a big impact on environmental law.
A press release announcing the change said the Government was committed to upholding the Treaty under fast track, but just how it does this will be an interesting test of where the Government wants to take the Treaty in the next three years. One idea is not to mention the Treaty at all, but to offer a specific guarantee to iwi and hapū that existing settlements will be protected.
Jones told the Herald the bill responded to what he saw as the failings of the existing fast track process.
He raised as an example the fact that Ngāi Tahu Seafood Resources had a fast track consent declined to operate an ocean salmon farm off the Stewart Island coast. He said the farm was in an area where it would not have bothered anyone.
“I want everyone to take on board how dire our situation is with development and infrastructure,” Jones said.
He said the new scheme would see ministers effectively consenting projects themselves.
“There will be a range of projects that will be consented by ministers. Those projects will go down to a consenting panel and conditions will be appended by the consenting panel led by a judge or someone of that status.
“There may be situations where conditions cannot be agreed to between the applicant and the consenting panel, and on that point ministers are taking advice from officials,” Jones said.
The new scheme was in part influenced by solutions being looked at in the United States after the Biden administration green-lit billions of dollars worth of infrastructure investment, but struggled to actually get projects built.
Thomas Coughlan is Deputy Political Editor and covers politics from Parliament. He has worked for the Herald since 2021 and has worked in the press gallery since 2018.
