Govt defends new consenting bill
Labour slams minister-approved fast-track process as ‘Muldoonist’
The Government is defending a proposal to introduce a new bill to “fast track” consents, which Labour says has echoes of the Government of Robert Muldoon.
Infrastructure Minister Chris Bishop and Regional Development Minister Shane Jones unveiled the plan last week, saying they would create a whole new “fast track” consenting process contained in its standalone piece of legislation.
The new scheme will draw up a list of projects that will be the first to have their consents approved and conditions set by an expert panel.
It will also create a process that allows ministers to approve projects, essentially granting that project’s consent, before referring it to an expert panel which would only be able to attach conditions to the consent. The panel would have only “limited ability” to decline the consent.
Jones, as Infrastructure Minister in coalition with Labour in 2020, helped to introduce the first “fast track” scheme. This was then adopted by then-Environment Minister David Parker who wrapped it into his RMA reforms.
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.
Jones told the Herald the bill responded to what he saw as the failings of the existing fast track process.