Commenting on a fast-track consenting application
The COVID-19 Recovery (Fast-track Consenting) Act 2020 states that expert consenting panels must invite written comments from some people or groups listed in the Act.
Who can make comments
The Act states that expert consenting panels must not give public or limited notification about a consent application or notice of requirement. However, panels must invite written comments from some people or groups listed in the Act.
For projects referred by an Order in Council (rather than listed in the Act) there may also be additional people invited to provide comments, as set out in the Referral Order.
Examples of people and organisations invited to comment include:
- relevant local authorities
- relevant iwi authorities
- Treaty settlement entities relevant to a project
- the landowners and occupiers of land where the project is and the adjacent land, unless they cannot be identified
- relevant Ministers of the Crown including Ministers of Arts, Culture and Heritage; Climate Change; Conservation; Housing; and Māori Crown Relations: Te Arawhiti
- specified agencies or groups including Environmental Defence Society, Royal Forest & Bird Protection Society, and Infrastructure New Zealand Incorporated.
Invitation to comment
Invitations to comment are sent via email or post and include a templated form. The invitation explains in broad terms why a particular individual or organisation has been invited to comment.
As well as the individuals and groups who must be invited to comment as identified in the Act, the panel may decide there are other parties that should be invited to comment.
The tables below show who the individuals and groups are, and an example of the associated template invitation letter.
Table 1: Individuals or groups that must be invited to comment
| Individual or group | Template invitation letter |
| Department of Conservation and other organisations listed in the Act | Listed organisations and the Director-General of Conservation (PDF, 62KB) |
| Local authorities | Local authorities (PDF, 62KB) |
| Iwi authorities | Iwi authorities and treaty settlement entities (PDF, 99KB) |
| Ministers of the Crown | Ministers of the Crown (63 KB) |
| Owners and occupiers of land adjacent to the project | Owners/occupiers of land adjacent to land on which the project is to be undertaken (PDF, 63KB) |
| Owners and occupiers of the project site | Owners/occupiers of land on which the project is to be undertaken (PDF, 63KB) |
| Parties listed on the referral order | Parties listed on the referral order (PDF, 63KB) |
| Any applicant group under the Marine and Coastal Area (Takutai Moana) Act 2011 (if the project is situated in or adjacent to the marine and coastal area) | Marine and Coastal Area Act groups (PDF, 64KB) |
| Those who hold a designation on land on which the project is to be undertaken, or adjacent to land on which the project is to be undertaken | Requiring authorities (PDF, 63KB) |
Table 2: Individuals or groups that may be invited to comment
| Individual or group | Template letter |
| Appropriate parties identified by the expert consenting panel | Appropriate parties (PDF, 62KB) |
| Coastal permit holders in the area considered adjacent to land on which the project is to be undertaken | Coastal permit holders (PDF, 62KB) |
How to make comments
We:
- provide you notice of the application or notice of requirement, including links to the application on our website
- invite you to comment and include a comments form for you to use.
You have 10 working days from the date of the invitation for your comments to be received by the EPA. The panel is not required to consider any comments after the deadline, and there is no right for you to seek a waiver of the time specified.
Sending comments to the EPA
Completed comments must be received by us by the deadline. They can be sent via:
- email (using the email address specified in the invitation to comments letter)
- post (noting the application or notice of requirement name) to Environmental Protection Authority, Private Bag 63002, Waterloo Quay, Wellington 6140
- in person to the Environmental Protection Authority, Grant Thornton House, Level 10, 215 Lambton Quay, Wellington (please note that due to potential changes in COVID-19 Alert Levels our reception may not be open to the public. We suggest phoning ahead to check).
We receive the written comments on behalf of the expert consenting panel, and send the comments on to the panel and the applicant or requiring authority.
Commenting at panel hearings
There is no requirement for a panel to hold a hearing, and no person has a right to be heard. However, if a panel decides to hold a hearing, the applicant, any person commissioned by the panel to write a report, and anyone who provided comment can be invited to appear at that hearing at the discretion of the panel.
Factsheet: Fast-track consenting: expert consenting panels, hearings, and decisions (PDF, 223KB)
Commenting on draft conditions and final decisions
If you have provided comments in response to the invitation, you will be provided a copy of any draft conditions and invited to comment on these before the panel makes its final decision.
You will also be provided a copy of the final decision and, if you have provided comments in response to the invitation, you will have a right to appeal the final decision to the High Court on questions of law.
Get in touch
If you have a question about fast-track consenting, please:
- call us on 0800 225 537
- email us at fasttrack@epa.govt.nz
Find out more about the listed projects, expert consenting panels and making an application
Factsheet: Commenting on a fast-track consenting application (PDF, 218KB)