Earlier this week, the Government introduced the Fast-track Approvals Amendment Bill (Bill), proposing targeted changes to the Fast-track Approvals Act 2024 (FTAA). The Bill aims to address what the Government has described as New Zealand’s lack of competition in the grocery sector and makes procedural changes to the regime in response to early feedback on the Fast-track system. 

Applicants will be particularly interested in changes to consultation requirements, shorter statutory timeframes for decisions to be made, and limitations on who can be invited to comment and appeal substantive applications. 

The Bill will have its first reading on 6 November 2025 before being referred to the Environment Select Committee. The Government intends for this Bill to be passed by the end of 2025. 

Grocery sector amendments

The primary purpose of the proposed amendments to the FTAA is to promote the use of the FTAA to alleviate competition shortages within the grocery sector. It seeks to do this by: 

• Expressly including the promotion of “competition in the grocery industry” as a factor in considering whether a project has significant regional or national benefits for the purpose of the FTAA. 
• Allowing the Minister for Infrastructure (Minister) to issue government policy statements under the FTAA shaping what constitutes the regional and national benefits of certain project types. These government policy statements must be considered by the Minister when assessing referral applications and by expert panels when considering substantive applications. A Government Policy Statement on Grocery Competition is expected to accompany the Bill shortly.

Other key amendments to the Fast-track Regime with wider application

The Bill also introduces procedural changes aimed at simplifying and accelerating the Fast-track process. These include: 

• Narrowing the consultation requirements: Currently, sections 11 and 29 of the FTAA require applicants (for both referral and substantive applications) to consult with local authorities, administering agencies, iwi authorities, hapu and Treaty Settlement entities, customary marine title applicants and ngā hapū o Ngāti Porou (as applicable). The Bill proposes to narrow the consultation requirements so applicants will only need to consult with customary marine title applicants and ngā hapū o Ngāti Porou (as applicable). Other parties (local authorities, administering agencies, iwi authorities, hapu and Treaty Settlement entities) must receive written notification from the applicant of their application, and those parties may respond to that notice within 20 working days.
• Tightening statutory timeframes: The Bill introduces a series of changes to statutory timeframes applicable to the Fast-track process designed to quicken the process and improve efficiency:  
  • Parties invited by the Minister to comment on a referral application will have 15 working days to respond, down from the current 20 working day period. 
  • Panel convenors will be required to establish a panel within 15 working days (there is currently no set timeframe for this process). 
  • A further significant change is the requirement for panels to decide applications within 60 working days of the deadline for comments from invited parties, regardless of the complexity of a project. The exception to this is where the applicant agrees to extending the timeframe. 

Taken together, these amendments are expected to shorten the overall Fast-track application process by six weeks.

• Limiting parties invited to comment by the panel: Currently under the FTAA, a panel must invite comments from a range of specified parties and may invite comments from “any other person the panel considers appropriate”. The Bill proposes to limit the panel’s discretion to invite additional parties to comment, specifying that it must only do so where comments provided by local authorities or relevant administering agencies are deemed insufficient. 
• Limiting appeal rights: At present, the FTAA allows appeal rights to any party that provided comments on invitation. However, the Bill intends to amend this provision by restricting appeal rights to those who were required by the FTAA to be invited to provide comments. This means that those invited to comment at the panel’s discretion will no longer have appeal rights. 
• Allowing applications to be modified post-lodgement: The Bill proposes to allow applicants to alter their substantive application after lodgement by “modifying or withdrawing 1 or more approvals sought in it at any time before the panel makes its decisions”, provided that the panel obtains consent from the Minister. This change offers flexibility to address issues or incorporate feedback post-submission and is anticipated to reduce pressure on panels (and improve the quality of applications). 
• Allowing applicants to comment on panel composition: Currently, panels are appointed by the panel convenor under Schedule 3 of the FTAA, with applicants and other parties typically being given an informal opportunity to comment on panellist preferences. The Bill builds on this process by allowing applicants (or local authorities) to raise concerns about the suitability of prospective panellists. While the convenor retains ultimate discretion to determine a panel, they must consider any concerns raised.
• Allowing the Government to issue directions: The Bill proposes to give broader powers to the Minister to give general directions to the EPA on its practices and overall performance under the FTAA. These directions are to be made publicly available. 

What this means for applicants

For those involved in the grocery industry, the Bill may open the door for projects that previously struggled to articulate a clear national or regional benefit.  

The Bill will otherwise simplify and increase the pace of the overall Fast-track process for applicants and provide applicants with additional rights:  

• It provides clarity on pre-application consultation requirements and will reduce the extent of consultation that is required prior to lodgement of a referral or substantive application. However, applicants can still elect to undertake broader consultation with interested parties prior to filing a referral or substantive application. 
• Applicants can expect a more predictable and expedited post-lodgement process – which comes with reduced opportunities for external input by potentially affected parties.   
• The ability for applicants to modify their substantive application presents greater flexibility to address any issues that arise during processing. However, modifications are not automatic under the Bill, and it is in an applicant's interest to resolve as many issues as possible prior to lodgement.  
• Allowing applicants to raise concerns about panellist suitability will help applicants ensure that the panellists have a suitable range of skills to consider and determine the application. 
• Limiting the number of parties that may be invited to comment on and appeal a substantive application will likely reduce the complexity of processing and potential challenges to an application.

There are currently no transitional provisions in the Bill. This means that once the Bill comes into force existing applications will need to be considered consistently with the amended Act (i.e. the law that applies at the time decisions are made). 

Please reach out to one of our experts if you would like more information about the Bill and how it might affect you, or if would like assistance making a submission to the Environment Select Committee on the Bill.